Adverse possession—sometimes called squatter's rights—occurs when a person or entity who does not own a certain piece of real property occupies or uses it in a way that is adverse to the owner of the property—meaning the use is in conflict or at odds with the property owner’s interests.

If this adverse possession or use of the property meets the legal standard for adverse possession—often described as use that is continuous, exclusive, hostile, open, and notorious—and continues for the prescribed period of time (usually specified in the state statute)—the person or entity adversely possessing or using the property will acquire ownership of the property (title). This ownership will result in the changing of boundary lines.

Because the required adverse possession must be open, obvious, and adverse to the owner’s interests, title may only be acquired by adverse possession to the portion of property that is used in that way.

Adverse possession laws vary from state to state and may be located in a state’s court opinions (also known as common law or case law) or, more often, in its statutes.

In South Carolina, adverse possession laws allow a person to claim ownership of a property if they have occupied it in a manner that is open, notorious, continuous, exclusive, and hostile for a statutory period. The statutory period in South Carolina is 10 years under a color of title (meaning with some form of document that could be mistaken for a valid title) and 20 years without it. The occupation must be such that it gives the true owner a cause of action for ejectment. Additionally, the adverse possessor must pay property taxes on the land during this period to claim under a shorter statute of limitations of 10 years. If these conditions are met, the adverse possessor may be able to acquire legal title to the property, effectively changing the boundary lines to include the portion of the property that has been possessed in this manner. It is important to note that adverse possession claims can be complex and typically require the involvement of an attorney to navigate the legal process.