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What Is the Statute of Limitations for Trespass in South Carolina?

In South Carolina, the statute of limitations for trespass is generally 3 years under S.C. Code § 15-3-530(3).

3 YEARS
Trespass to Land · South Carolina
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Trespass Deadlines in South Carolina

How long do you have to file a trespass claim in South Carolina?

In South Carolina, the statute of limitations for trespass is generally 3 years under S.C. Code § 15-3-530(3).

When does the clock start for trespass in South Carolina?

Three years for trespass upon or damage to real property.

Can the South Carolina deadline for trespass be extended?

A continuing trespass can give rise to successive claims. Actions against architects, engineers and contractors run under § 15-3-630 and following.

Is the deadline different if the claim is against the government in South Carolina?

Often, yes. Verified claim within 1 year; suit within 2 years under S.C. Code §§ 15-78-80, 15-78-110. Under the South Carolina Tort Claims Act, a claimant who files a verified claim within one year gets two years from the date of loss to bring suit; a claimant who does not file a verified claim gets only two years, and the Act's own limitations provision in §…

How does South Carolina compare to other states for trespass?

South Carolina's 3 years is in the middle of the range nationally. Across the 48 jurisdictions with a verified figure, the deadline for trespass ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →

What Does Trespass to Land Cover?

Situations that typically fall under the trespass deadline in South Carolina:

01 Unauthorized entry onto private property
02 Encroaching structures or fences
03 Interference with use of real property
04 Unauthorized removal of timber or resources
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Other Filing Deadlines in South Carolina

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed South Carolina attorney can tell you the deadline that applies to your situation.
See every filing deadline in South Carolina, or compare trespass across all states.
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