Property Ownership
A South Carolina property owner has land that someone else has openly, notoriously, and continuously occupied for 10 years. The occupant may claim title through:
AEminent domain
BAdverse possession✓ Correct
CEasement by prescription
DQuiet title action
Explanation
Adverse possession in South Carolina requires open, notorious, hostile, actual, exclusive, and continuous possession for 10 years. If all elements are met, the occupant can file to quiet title.
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Chain of TitleThe sequential record of all transfers of ownership for a piece of property from the original patent holder to the present owner.
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