South Carolina § 15-67-230 - What constitutes adverse possession under written instrument or court decree or judgment.

§ 15-67-230. What constitutes adverse possession under written instrument or court decree or judgment.

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.