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South Carolina · TitleSouth Carolina quiet title: the action to determine adverse claims

South Carolina's quiet title remedy is the action to determine adverse claims. Any person in possession of real property, personally or through a tenant, or any person having or claiming title to vacant or unoccupied real property, may bring an action against anyone who claims – or who may or could claim – an estate or interest in the property or a lien on it adverse to the plaintiff, to determine that adverse claim and the rights of the parties (S.C. Code §15-67-10). Because claimants may include heirs or people who can't be found, the statute allows publication of the summons and service on out-of-state parties and unknown claimants once the sheriff has determined that a defendant can't be found in the county and the plaintiff or its attorney has filed an affidavit that a cause of action exists (§15-67-30).

What the statutes set

  1. Who may sue (§15-67-10)

    A person in possession, or claiming title to vacant or unoccupied land.

  2. Against whom (§15-67-10)

    Anyone who claims or could claim an adverse estate, interest or lien.

  3. Service (§15-67-30)

    Publication and out-of-state service on unknown claimants after the sheriff's return and an affidavit.

What the TC does when South Carolina title shows a cloud

  • Ask the title company exactly what it needs to insure over or remove the item.
  • Try a release, quitclaim or satisfaction from the claimant first – it is faster than a lawsuit.
  • If a quiet title action is needed, track it and its hearing dates as tasks and keep the closing date flexible.

Questions about South Carolina quiet title

Who can bring a quiet title action in South Carolina?

A person in possession of the real property, personally or through a tenant, or a person claiming title to vacant or unoccupied land (S.C. Code §15-67-10).

Can unknown heirs be served in a South Carolina quiet title action?

Yes, by publication of the summons once the sheriff determines the defendant can't be found in the county and an affidavit is filed (S.C. Code §15-67-30).

Track a title cure and any court dates as tasks on the deal in ClosingCode.

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Sources: S.C. Code §§15-67-10, 15-67-30 (scstatehouse.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.