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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.