For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or a judgment or decree, land shall be deemed to have been possessed and occupied in the following cases:
(1) When it has been usually cultivated or improved;
(2) When it has been protected by a substantial enclosure;
(3) When, although not enclosed, it has been used for the supply of fuel or of fencing timber, for the purposes of husbandry or for the ordinary use of the occupant; and
(4) When a known farm or a single lot has been partly improved the portion of such farm or lot that may have been left not cleared or not enclosed, according to the usual course and custom of the adjoining country, shall be deemed to have been occupied for the same length of time as the part improved and cultivated.
HISTORY: 1962 Code Section 10-2423; 1952 Code Section 10-2423; 1942 Code Section 379; 1932 Code Section 379; Civ. P. '22 Section 322; Civ. P. '12 Section 128; Civ. P. '02 Section 103; 1870 (14) 446 Section 106.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 67 - Recovery Of Real Property
Section 15-67-10. Persons who may bring action to determine adverse claim.
Section 15-67-20. Plaintiff limited to one action for recovery of real property.
Section 15-67-40. Service on unknown parties; notice of lis pendens.
Section 15-67-50. Appearance of unknown parties; subsequent defense by minors.
Section 15-67-60. Reference to master; determining claims of nonresidents or minors.
Section 15-67-70. Effect of judgment; persons bound.
Section 15-67-90. Time limitation upon reopening matter.
Section 15-67-100. Right to jury trial unchanged.
Section 15-67-210. Presumption of possession; when occupation deemed under legal title.
Section 15-67-220. Effect of occupation under written instrument or court decree or judgment.
Section 15-67-260. Relation of landlord and tenant as affecting adverse possession.
Section 15-67-410. Action may be had against person wrongfully disseizing.
Section 15-67-420. Plaintiff's right to treble damages.
Section 15-67-430. Court of common pleas shall have jurisdiction.
Section 15-67-440. Restitution of possession to tenants for years.
Section 15-67-450. Persons who have held by force three years are unaffected by this article.
Section 15-67-460. Putting party ousted in possession.
Section 15-67-610. Duty of magistrate in case of trespass.
Section 15-67-620. When warrant shall not be issued.
Section 15-67-630. Fee of magistrate and sheriff or constable.
Section 15-67-640. Right to appeal; injunction; time of issuing warrant.
Section 15-67-720. If such person is not produced, he is taken to be dead.
Section 15-67-730. Proceedings on affidavit that such person is beyond limits of State.
Section 15-67-740. Rights preserved when it afterwards appears that person sought is living.
Section 15-67-750. Guardian, husband or trustee may prove that such person was alive.