S.C. Code Ann. § 15-67-450
Persons who have held by force three years are unaffected by this article
Operative Text
They which keep their possessions with force in any lands and tenements whereof they or their ancestors or they whose estate they have in such lands and tenements have continued their possessions in such lands and tenements by three years or more shall not be endangered by force of this article.
Section 15-67-450 of the South Carolina Code establishes a protective exception within the state's forcible entry and detainer framework: a person who has maintained continuous possession of land or tenements for three or more years—either personally, through their ancestors, or through a predecessor whose estate they hold—cannot be displaced or penalized under this particular article, even if that possession involved force. The rule effectively creates a three-year threshold after which the article's remedies no longer apply to the possessor. It is a limitation on the reach of the forcible entry and detainer provisions, not a general grant of rights to use force.
Plain English — not legal advice.
Under S.C. Code Ann. § 15-67-450, a property owner or manager seeking to use the forcible entry and detainer article to recover possession should be aware that a party who has held the property continuously for three or more years—through themselves, their ancestors, or a predecessor in interest—may assert this provision as a shield against the article's remedies. Compliant operators generally document the history and duration of any occupancy before initiating proceedings under this article, so that the three-year exception can be properly evaluated. Understanding the lineage of possession, including inherited or transferred estates, is a practical part of assessing whether this article's remedies are available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 15-67-450 may be relevant to occupants who have maintained continuous possession of a property for three or more years, as the provision indicates that such persons are not subject to the consequences of this particular article. A tenant or occupant in that situation may be able to raise this provision as a defense in proceedings brought under the forcible entry and detainer article. Those who believe this exception applies to their circumstances can explore their options by consulting a tenant-rights organization or reviewing the provision with a licensed South Carolina attorney.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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