By Jennifer Jordan | Charleston Housing News
Property rights have always been one of the cornerstones of homeownership. Whether someone owns a modest starter home, an investment property, or a luxury waterfront residence, one expectation has remained consistent throughout American history: if you own the property, you have the legal right to control who lives there.
South Carolina lawmakers took a significant step toward reinforcing that principle this summer.
Governor Henry McMaster recently signed legislation creating a much faster process for removing squatters from residential property. The law establishes an expedited procedure allowing property owners to petition a magistrate for the removal of an unlawful occupant—someone living in a home without permission and without a legitimate landlord-tenant relationship. If the legal requirements are met, a magistrate can issue an immediate ex parte removal order, followed by a hearing within 24 hours to determine whether the order should remain in effect. Supporters believe the process will dramatically reduce the time property owners spend trying to regain possession of their homes.
While South Carolina has not experienced the widespread squatter crises seen in states such as California, New York, or Georgia, lawmakers made it clear they wanted to address the issue before it became a much larger problem. House Judiciary Chairman Weston Newton described the legislation as an effort to “take care of a molehill before it becomes a mountain,” recognizing that once legal loopholes become widely known, they often spread quickly.
That proactive approach deserves recognition.
For years, one of the most frustrating aspects of squatting cases has been the fact that property owners often found themselves navigating the same lengthy eviction process designed for legitimate landlord-tenant disputes. The law made little distinction between a tenant who had once signed a valid lease and someone who had simply entered a vacant home without permission. In many cases, owners spent weeks or even months in court while continuing to pay taxes, insurance, utilities, and maintenance on a property they could not legally access.
Charleston has already seen firsthand how emotionally and financially devastating those situations can become.
In late 2024, Live 5 News reported on the ordeal facing the family of a West Ashley homeowner who died unexpectedly. According to the family’s account, strangers allegedly entered the vacant home, changed the locks, and began living there while the property remained in probate. The family told reporters they felt powerless as the legal process unfolded, with one family member saying, “I feel like I’m the victim and I have absolutely no rights at all.” Although the occupants claimed they had entered under what they believed was a valid lease, the dispute highlighted how quickly unauthorized occupancy can become a complicated civil matter rather than an immediate criminal one.
Another widely publicized Lowcountry case involved Berkeley County property owner Tammy Brinson, who spent approximately eleven months working through the legal system to remove unauthorized occupants from a property she inherited after her father’s death. During that time, she continued paying expenses associated with the home while having little practical control over it. Her experience became one of several examples cited during discussions about strengthening South Carolina’s laws.
These cases illustrate why legislators believed the existing system needed reform.
At the same time, it is equally important to understand what this law does not do.
It is not intended to bypass the rights of legitimate tenants. South Carolina’s Residential Landlord and Tenant Act remains fully intact. Renters with valid leases continue to receive notice requirements, court protections, and due process before an eviction can occur. Legal advocates rightly emphasized during debate over the legislation that courts must ensure landlords do not misuse the expedited procedure to avoid their obligations under existing landlord-tenant law. The distinction between an unlawful occupant and a lawful tenant remains critically important.
For Charleston-area property owners, the new law provides additional peace of mind, particularly for those who own second homes, inherited properties, investment houses, or residences that may remain vacant during renovations or probate proceedings. Unfortunately, vacant properties can become attractive targets simply because they appear unoccupied for extended periods.
That reality also serves as an important reminder that prevention remains the best defense.
Owners of vacant homes should regularly inspect their properties, maintain landscaping, secure doors and windows, install exterior lighting and security cameras where appropriate, and ask trusted neighbors to report suspicious activity. Simple measures such as visible “No Trespassing” signs and routine visits can discourage unauthorized occupancy before it begins. Legal experts have long advised that prompt action is one of the most effective ways to prevent complicated possession disputes from developing.
Ultimately, South Carolina’s new law sends an important message about the balance between protecting property rights and preserving due process. The overwhelming majority of renters, landlords, and homeowners never encounter a squatter situation. But when it does happen, the financial consequences can be substantial, and the emotional toll on families can be even greater.
For Charleston’s real estate market, where home values continue to represent one of the largest financial investments most families will ever make, providing owners with a faster path to reclaim possession of their property is a sensible reform. It doesn’t eliminate due process, nor should it. It simply recognizes that someone who never had permission to occupy a home should not receive the same legal standing as someone who entered through a legitimate lease agreement.
Property ownership has always carried responsibilities.
It should also continue to carry meaningful protections.
That is exactly what South Carolina’s new squatter law seeks to accomplish.
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