What is one characteristic of adverse possession?

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A key characteristic of adverse possession is that the possession of the property must be hostile and uninterrupted. This means that the possessor takes control of the property without permission from the true owner and maintains that control continuously for a specified period, which in South Carolina is typically ten years.

The term "hostile" in this context does not imply aggression; rather, it indicates that the possession is against the interests of the true owner. The possessor acts as if they are the owner, which brings into play the principle that the original owner's right to the property can be challenged if they do not take action to reclaim it within the statutory period. This uninterrupted nature of possession emphasizes that the individual must occupy the land continuously, without a break, for the duration set by law to establish a claim to ownership through adverse possession.

This principle is foundational in property law as it encourages the productive use of land and discourages neglect by owners, ensuring that properties are utilized effectively within the community.

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