S.C. Code Ann. § 15-67-610
Duty of magistrate in case of trespass
Operative Text
If any person shall have gone into or shall hereafter go into possession of any lands or tenements of another without his consent or without warrant of law, the owner of the land so trespassed upon may apply to any magistrate to serve a notice on such trespasser to quit the premises, and if, after the expiration of five days from the personal service of such notice, such trespasser refuses or neglects to quit then such magistrate shall issue his warrant to any sheriff or constable requiring him forthwith to eject such trespasser, using such force as may be necessary.
Under S.C. Code Ann. § 15-67-610, when someone occupies another person's land or dwelling without the owner's consent or legal authority, the law provides a magistrate-level process for removal. The property owner may ask a magistrate to serve a formal notice on the unauthorized occupant, giving that person five days to vacate. If the occupant does not leave within that five-day window, the magistrate is authorized to issue a warrant directing a sheriff or constable to physically remove the trespasser, using whatever force is reasonably necessary.
Plain English — not legal advice.
Property owners dealing with an unauthorized occupant in South Carolina can invoke the process established by S.C. Code Ann. § 15-67-610 by approaching a local magistrate to initiate the notice procedure. A compliant approach generally involves documenting the lack of consent or legal authority for the occupancy before making the application, so the magistrate has a clear basis for issuing the notice. Once the five-day notice period has run without the occupant vacating, operators typically follow up with the magistrate to request the removal warrant rather than attempting self-help eviction measures.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are occupying property and receive a magistrate's notice under S.C. Code Ann. § 15-67-610, you have five days from personal service of that notice before a removal warrant can be issued. It is worth understanding whether you have any claim of consent or legal right to occupy the premises, as those facts are central to whether this provision applies to your situation. Tenant-rights organizations and legal aid services in South Carolina can help you evaluate whether the process was followed correctly and what options may be available to you.
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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