"squatters rights" in South Carolina
2 attorney answers
In order to have a legal claim under adverse possession, you will have to prove to the court that you knew the property was not yours but used it anyway AND the adjoining landowner thought the land was yours and never challenged your ownership and use of the land. If it was a case of a mistaken line, or if the adjoining landowner knew you were using his property and permitted the use, the court would not award you the land under South Carolina law. Adverse possession is difficult to prove, and you will certainly need an experienced real estate attorney to assist you. If the landowner allowed you to use his land but never gave you an easement in writing, he can revoke his permission at any time and require you to remove the encroaching improvements.
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You probably enjoy a claim of adverse possession, or "squatters rights" as you call it. The one gray area is that you and your neighbor have to have always believed (incorrectly) that this was your property. If you did it with permission of the neighbor, technically that permission only covers you, not your successors and the encoachment does not become your property.
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