In every action for the recovery of real property or the possession thereof the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law. The occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title unless it appear that such premises have been held and possessed adversely to such legal title for ten years before the commencement of such action.
S.C. Code Ann. § 15-67-210
Presumption of possession; when occupation deemed under legal title
Applied in 16 court decisions — leading case Hoogenboom v. City of Beaufort (1993)
Most recently applied in Taylor v. Heirs of Taylor (April 2017)
1962 Code SECTION 10-2421; 1952 Code SECTION 10-2421; 1942 Code SECTION 377; 1932 Code SECTION 377; Civ
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.