What is required for adverse possession to be claimed?

For a claim of adverse possession to be valid, possession must be openly and notoriously continuous. This means that the possessor must occupy the property in a manner that is visible and obvious to others, such that the actual owner is aware of the possession. The idea behind this requirement is to provide a clear indication that the property is being used and to give the rightful owner the opportunity to take action to reclaim their property if they wish to do so.

The possession must also be continuous for a statutory period, which in South Carolina is typically 10 years. This continuous nature further emphasizes that the possessor is not just temporarily using the property but is claiming it as their own through consistent use. Open and notorious possession serves to establish that the possessor is treating the property as their own and not hiding their actions, which in turn helps prevent disputes regarding claims of ownership.