Short answer — what usually happens and your main options

If someone is living on your South Carolina property without your permission before you sell it, they are likely an unlawful occupant (a trespasser or “squatter”). You cannot lawfully remove them yourself by changing locks or physically evicting them. In most cases you must either (1) involve law enforcement if the situation is criminal (for example, criminal trespass or theft), or (2) file a civil possession action (summary ejectment/unlawful detainer) and get a court order (writ of possession) enforced by the sheriff. If the occupant has lived there long enough and meets specific legal elements, they may try to claim title by adverse possession — a complicated defense that requires legal advice.

Detailed Answer — step‑by‑step under South Carolina law

1. First steps: confirm status and preserve evidence

• Confirm you are the recorded owner. Gather the deed, tax records, mortgage documents, and any sale contract or listing paperwork.
• Document the occupancy. Take dated photos and keep written notes of any interactions. Save text messages, emails, notices, or other communications.
• Try to determine how the occupant gained access (changed locks, a friend gave permission, an old tenant never left, etc.). This affects the legal theory you pursue.

2. When to involve police

Call law enforcement if the occupant is committing criminal acts (breaking in, damaging property, stealing utilities, threatening violence). Police can act if a crime is occurring or if a lawful possession demand has been made by the owner and the occupant refuses to leave. If the occupant claims to have a right to be there (e.g., says they are a tenant or have permission), police may treat it as a civil dispute and decline to remove them — in that case, civil court action is needed.

3. Civil removal — summary ejectment / unlawful detainer

Most property owners in South Carolina must use the court system to remove an unauthorized occupant. Typical steps:

1. Serve written notice if required. If the occupant was a tenant or someone with apparent permission, certain notices may be required under landlord‑tenant rules. If they are clearly a trespasser, you may not need a formal notice but should consult counsel.
2. File a summary ejectment or unlawful detainer action in the proper court (magistrate or county/circuit court depending on the facts and local practice).
3. Attend the hearing. The court will decide whether the occupant must leave. Bring proof of ownership and evidence of unauthorized occupancy.
4. If you win, obtain a writ or judgment for possession. The sheriff enforces the writ and physically removes the occupant if they do not leave voluntarily.

The exact court process, forms, filing fees, and timelines vary by county. The South Carolina Judicial Branch provides self‑help information about summary ejectment and small claims procedures that can be a starting point: https://www.sccourts.org/selfHelp/.

4. Avoid prohibited “self-help” evictions

Do not change locks, shut off utilities, or remove the occupant’s belongings to force someone out. South Carolina law and court decisions generally prohibit self-help evictions and such actions can expose you to civil liability and criminal charges.

5. Adverse possession and deadline risks

South Carolina recognizes adverse possession claims. To prevail, an occupant must show possession that is actual, open, notorious, exclusive, hostile (adverse), and continuous for the statutory period. If a squatter meets those elements for the state’s required period, they may obtain legal title or a claim that interferes with sale.

Because adverse possession deadlines and required elements can be technical and fact‑specific, consult an attorney promptly if the occupant claims long‑term possession or you discover they’ve lived on the property for years.

6. Practical considerations when selling the property

• Title companies often require clear possession or a court order removing occupants before issuing marketable title or owner’s title insurance. Expect title issues if a person remains in the property.
• If you are under contract to sell, notify your buyer and your title company immediately. Buyers may walk away or require you to clear the title prior to closing.
• Consider negotiating a buyout if practicable: a signed, written agreement where the occupant accepts money to vacate by a certain date. Use counsel to draft the agreement and confirm voluntary surrender and return of keys.

7. Time and cost expectations

Civil removal actions in South Carolina can take anywhere from a few weeks (for uncontested, fast magistrate hearings) to several months (if the occupant contests, files defenses, or appeals). Costs can include filing fees, sheriff costs, attorney fees, and any repairs or storage costs for removed belongings.

8. Where to look up South Carolina statutes and court procedures

For text of South Carolina statutes and to search specific laws, use the South Carolina Code of Laws: https://www.scstatehouse.gov/code.php. For court forms and self‑help resources (including summary ejectment information), see the South Carolina Judicial Branch: https://www.sccourts.org/selfHelp/.

9. When to consult an attorney

Talk to a South Carolina real estate or civil litigation attorney if any of the following apply:

• The occupant claims to be a tenant or asserts ownership or adverse possession.
• The occupant refuses to leave after a demand and police will not remove them.
• You face deadline pressure to sell or close, and title insurance is contingent on clear possession.
• The situation involves threats, violence, or significant property damage.

An attorney can file the right civil action, represent you at hearings, coordinate with the sheriff, and advise about negotiating a voluntary vacancy or handling adverse possession claims.

Helpful Hints

• Act quickly. Early documentation and prompt legal steps make removal easier and reduce risk of an adverse possession claim.
• Keep all communications written when possible. A clear paper trail helps in court and with title companies.
• Never use force or lock someone out. Self‑help evictions often backfire legally.
• Notify your insurance company and your title company as soon as you learn of unauthorized occupancy.
• Ask the sheriff’s office about procedures and timelines for enforcing writs of possession in your county.
• If you consider paying an occupant to leave, use a written, signed agreement and get proof they vacated (photos, signed turn‑over of keys, forwarding address).
• If buyer financing depends on clear title, clearing an occupant before closing is usually necessary — coordinate with your escrow officer or title company early.