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Old 07-10-2011, 10:03 PM   #1 (permalink)
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homestead rights in South Carolina

I have lived at my residence (which is titled to my parents) for 16 years. I have paid the property taxes and all expenses of remodeling and repairs. Recently during a family dispute they have threatened to kick me out of my home.. is there anything legally i can do to protect myself from this happening?

I was told about an old law that supposedly is still on the law books concerning squallers rights, which i can find no information on. Thanks for any help with this matter. :-)
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Old 07-11-2011, 07:04 AM   #2 (permalink)
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[FONT=Comic Sans MS][COLOR=magenta]This has nothing to do with "homestead" rights. I believe you are referring to adverse possession, of which squatters rights is an example. [/COLOR][/FONT]

[FONT=Comic Sans MS][COLOR=magenta]There are a few reasons I feel your claim of adverse possession would fail. First, South Carolina law (where I live) requires possession of the property for twenty years before asserting a claim of right against the owner. South Carolina Code [FONT=Arial][COLOR=#000000][COLOR=magenta]167;15-67-210 through 260.[/COLOR][/COLOR][/FONT]. You have not had possession of the house for that length of time. Additionally, in order to assert a claim of adverse possession, you must have open, continuous, hostile, exclusive (means no one else had possession of the house), actual, and notorious use of the property. Many times, adverse possession claims are thwarted by the ower simply giving permission for use of the property. In other words, you have not lived in this house against their wishes. They have given you permission to be there and as such, no claim of adverse possession would be possible. This also means that at any time, under the standard eviction laws, they have a legal right to begin eviction proceedings. They can also pursue you for trespassing if they wish. Other factors may come into play--even verbal agreements for payment of rent, etc. may be appreciable. [/COLOR][/FONT]

[FONT=Comic Sans MS][COLOR=magenta]Adverse possession is complex---I would talk to a lawyer and see if you can find a loop hole somewhere, but from what you are saying, I do not think adverse possession is going to help you. [/COLOR][/FONT]

[FONT=Comic Sans MS][COLOR=magenta]Good luck. [/COLOR][/FONT]
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Last edited by GentleGrace; 07-11-2011 at 07:06 AM.
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