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April 2012 |
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Requirements for Recording Real Estate Deeds in Colleton County, South Carolina |
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REQUIREMENTS
• All deeds conveying an interest in real property must include a derivation clause in the property description.
• The grantee’s mailing address must be included.
• The owner of real property shall furnish a written disclosure statement to the purchaser. The disclosure statement must be in a form approved by the South Carolina Real Estate Commission. It may be delivered electronically. This form can be found on the South Carolina Real Estate Commission website.
• Before a deed can be recorded, it must be endorsed by the County Auditor.
• A document should be submitted on 8.5x11 inch white paper. Typing or printing should be in black ink, with a minimum font size of 12 point.
DERIVATION CLAUSE
When the grantor’s or mortgagor’s title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed. If the deed of derivation has been simultaneously executed and delivered and has not been recorded, it is sufficient to provide the name of the grantor of the deed of derivation and the date it is to be recorded. When the grantor’s or mortgagor’s title was acquired by inheritance or devise, 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 such estate was filed.
A derivation clause is not required on a quitclaim deed or non-warranty deed of real property.
ACKNOWLEDGMENTS
Before any deed or other instrument in writing can be recorded in any county in South Carolina, it must be acknowledged or proved by one of the following methods: 1) The execution of the deed must be first proved by the affidavit of a subscribing witness to the instrument, taken before an officer in the State competent to administer an oath; or 2) It must be signed by the grantor/mortgagor/vendor/lessor and acknowledged in the presence of two witnesses, taken before an officer in the State competent to administer an oath.
Form of conveyance of fee simple; witnesses:
The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others the fee simple of any land or real estate if it shall be executed in the presence of and be subscribed by two or more credible witnesses:
“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.]”
RECORDING FESS
To record an affidavit, the fee is $10.
To record a deed, the fee is $10 for the first four pages and $1 for each additional page. Deed stamps are $3.70 per $1,000. This calculation is a combination of state taxes ($2.60 for state) and county taxes ($1.10 for county).
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| Recorder Office Information |
| Colleton County Register of Deeds |
| 31 Klein St., Walterboro |
| Monday - Friday 8AM - 5PM |
| Phone: (843) 542-2745 |
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