Johnsonville, SC asked in Landlord - Tenant for South Carolina

Q: What initial steps should I take to start resolving this possible long-term squatter situation?

I recently acquired the land I’ve been living in since 2005. Around 2012 a new mobile home moved into my area. This mobile home was placed between two property lines that were owned by one landowner at that time. The previous landowner stated that the previous tenants used to pay rent but stopped a year or two after they moved out. However, near 2016-2017, new occupants moved into the mobile home. These occupants never paid rent to the previous landowner. Now I’m left to deal with the issue of these occupants who have been living there for 7-8 years without paying rent. Another issue is that the mobile home is now in two properties with two different new owners—me being one of them. The only solution I see is to remove the occupants since the mobile home is now in between two property lines.

Additional information: The mobile home does have running power and seems to be livable. I do plan on contacting the other landowner, who is also aware of the issue.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Resolving a long-term squatter situation requires a cautious and informed approach. Initially, it's crucial to gather all relevant documentation regarding your property ownership, including deeds and any agreements or communications with the previous landowner about the squatters. Documentation is key in establishing your legal rights to the property. Additionally, reaching out to the other new landowner to discuss and align on a unified approach can strengthen your position. Cooperation between both landowners can lead to a more effective resolution.

Next, familiarize yourself with local laws and regulations concerning property rights, squatting, and eviction processes. Laws vary significantly by location, and understanding these laws will guide your actions and help ensure that you proceed correctly and legally. It might be beneficial to consult with a legal professional who has experience in property and tenant law. They can provide tailored advice and help you navigate the legal complexities of removing squatters from your property.

Taking legal action might be necessary if the occupants refuse to leave voluntarily. Before taking any drastic steps, consider reaching out to the occupants with a formal notice to vacate, giving them a reasonable deadline. If this approach does not yield results, you will likely need to initiate formal eviction proceedings. Remember, while the situation is undoubtedly challenging, following legal procedures is essential for resolving the issue effectively and minimizing potential legal risks.

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