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Recorder Offices in Oconee County

Oconee County Register of Deeds
415 South Pine St., Walhalla, South Carolina 29691
8:30 to 5:00 M-F
Phone: (864) 638-4285
Oconee County Register of Deeds   415 South Pine St.,  Walhalla, South Carolina,  29691

 
 
 
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Oconee County Recorder of Deeds
Oconee County Recorder Information
The recorder in Oconee County is responsible for recording and maintaining records related to real property situated in the County.
Recording Fees
To record a deed in Oconee County, South Carolina, the fee is $10 for the first four pages. Each additional page is $1.

Documentary stamps are due upon recording, as are recording fees.

Contact the Oconee County Register of Deed at(864) 638-4285 for more information on recording fees and documentary stamps.
Document Formatting Requirements
The Register of Deeds in Oconee County promptly records legal documents and places them in the public record. All instruments conveying an interest in real property located in Oconee County, South Carolina must be recorded in the county’s Register of Deeds office in order to be valid. The proper recording of a document provides notice to subsequent purchasers and also establishes a priority of claims against the property in question. Original documents will be mailed back to the proper party within one to two weeks from the date of recording.

RECORDING GUIDELINES

In order to be recorded, an instrument must be acknowledged or proved according to law. An instrument can be 1) acknowledged or proved by the affidavit of a subscribing witness to the instrument, taken before an officer in the state who is authorized to administer oaths; or 2) signed and acknowledged by the grantor in the presence of two witnesses, taken before an officer in the state who is authorized to administer oaths.

Submit originals with original signatures.

The mailing address of the grantee must be included in the instrument.

All deeds conveying an interest in land must include a derivation clause with the property description. When the grantor’s title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed.
When the deed from which the grantor derives title has been simultaneously executed and delivered, and has not yet been recorded, it is sufficient to set forth in the deed the name of the grantor of the deed of derivation and the date it is to be recorded. When the grantor’s title was obtained by inheritance, the derivation clause must include the name of the person from whom the title was acquired, the approximate date of acquisition and in the case of property acquired under a probated will or administered estate, the probate court in which the estate was filed.

A derivation clause is not required for a deed devoted to a railroad or utility purpose, and is also not needed on a quitclaim deed or non-warranty deed.

The clerk of court will not record a deed or mortgage unless it contains a derivation clause as required; provided, however a deed or mortgage may be recorded without such clause upon a showing that is satisfactory to the clerk of court that the necessary information for the derivation clause was not available.

Before a deed conveying real property, including timber deeds, timber leases, and contracts of conveyance of timber can be recorded, it must be endorsed by the county auditor that it has been entered of record in his office.

Include a complete legal description in the document.

When any deed conveying or creating an interest in real property refers to the boundaries, metes, courses, or distances of such real estate delineated, the deed should state the office, book, and page of the recording of such plat or blueprint.

When any real property used as a hazardous waste storage or disposal facility permitted by the South Carolina Code of Laws is sold, conveyed, leased, or transferred in any manner, the deed or instrument of transfer should contain the following phrase in the legal description, in the same size type as the rest of the instrument: “The real property conveyed or transferred by this instrument has previously been used as a storage or disposal facility for hazardous wastes.”

AFFIDAVIT

An affidavit showing the value of the real estate also needs to be filed when submitting a deed for recordation. If the deed is exempt, the value is not required to be stated on the affidavit, but the reason for exemption is required.

The affidavit must be signed by a responsible person connected with the transaction, and the connection must be stated. The register of deeds may waive the affidavit requirement at his discretion.

The total consideration paid should be indicated on the face of the deed. If the amount paid is not indicated, or has the words “in other consideration” or if a trade of property is involved, an Affidavit of True Consideration must be attached in order to reflect the actual value of the transaction.

A quit claim deed is subject to documentary stamps if there is a consideration paid. An affidavit of exempt transfers is required.


CONVEYANCES

Every real estate deed will pass the grantor’s entire interest in the property to the grantee, unless a different intent is added. Words of inheritance or succession are not necessary to convey property in fee simple absolute. In the case of discrepancy between a deed and any addendum attached to the deed where words of succession or inheritance are present in one document, but not in all documents, or where there is conflicting language as to whether or not the grantor intended to convey a fee simple or a life estate interest in the real property, it is presumed rebuttable by clear and convincing evidence that the grantor intended to convey a fee simple absolute interest in the real property if he owned such an interest in the property or his entire interest if he did not own it in fee simple.

The form of a release, as provided in the South Carolina Code of Laws 27-2-10, will be effectual to convey land in fee simple. The grantor in a conveyance in fee simple warrants that he defends the said premises unto the grantee, his heirs, and assigns, against himself and his heirs and against every person who lawfully claims against him.

The form of a statutory conveyance should be construed to not oblige anyone to insert a clause of warranty or to restrain anyone from inserting any other clause in the conveyance, as may be deemed proper and advisable by the purchaser and seller.


The following language may be used in a document of conveyance:

"The State of South Carolina.
"Know all men by these presents that I, A B, of __________, in the State aforesaid, in consideration of the sum of ___ dollars, to me in hand paid by C D of __________ County, State of __________, the receipt of which is hereby acknowledged, have granted, bargained, sold and released and by these presents do grant, bargain, sell and release unto the said C D all that (here describe the premises), together with all and singular the rights, members, hereditaments and appurtenances to said premises belonging or in any wise incident or appertaining; to have and to hold all and singular the premises before mentioned unto said C D, his heirs and assigns, forever. And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend all and singular said premises unto said C D, his heirs and assigns, against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.
"Witness my hand and seal this ___ day of __________ in the year of our Lord __________ and in the ___ year of the independence of the United States of America. "__________ [L.S.]"
 
E-Recording
We may be able to e-record your deed documents in Oconee County, Click Here for more information.
Forms
Oconee County Real Estate Deed Forms

Quit Claim Deed Form
Warranty Deed Form
Special Warranty Deed Form
Grant Deed Form
Easement Deed Form
Affidavit of Deceased Joint Tenant Form
Correction Deed Form
Disclaimer of Interest Form
Supplemental Documents

Affidavit for Taxable or Exempt Transfers
Prerequisites to Recording
Recording Fee Manual
Deed Stamps
 
 
 
Information
No current information available for Oconee County
 
 
NOTICE: You are NOT on the Oconee County official website, you are on Deeds.com, a private website that is not affiliated with any government agency.