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South Carolina
Recording Information |
Real estate deeds that transfer property in South Carolina can be recorded to provide constructive notice of the transfer. In most cases deed documents are recorded in the County where the property is located.
Address of grantee required by statute on all real estate deeds for recording.
SECTION 30-5-35. Derivation clause and address of grantee or mortgagee on deeds and mortgages. [SC ST SEC 30-5-35]
(a) All deeds conveying an interest in land and all mortgages of real estate executed after July 1, 1976, must include a derivation clause in the property description and there must be inscribed on the deed or mortgage the mailing address of the grantee or mortgagee. 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. However, when the deed of derivation has been simultaneously executed and delivered and has not then been recorded it is sufficient to set forth in the deed or mortgage the name of the grantor of the deed of derivation and its date and that it is to be recorded. When the grantor's or mortgagor's title was obtained 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. However, a derivation clause is not required on a deed or mortgage of property devoted to a utility or railroad purpose of any private or public utility or railroad. Further, a derivation clause is not required on a quit claim or non-warranty deed of real property.
EFFECT OF RECORDING
All deeds, conveyances, and instruments that are required by law to be recorded, are valid so as to affect the rights of subsequent creditors or purchasers for valuable consideration without notice, only from the time they are recorded in the proper county. In the case of a subsequent purchaser of real estate, or in the case of a subsequent lien creditor on real estate for valuable consideration without notice, the instrument evidencing the subsequent conveyance or lien must be filed for record in order for its holder to claim as a subsequent creditor or purchaser for value without notice, and the priority is determined by time of filing.
No possession of real property described in any instrument of writing required by law to be recorded shall operate as notice of such instrument. Actual notice will be deemed and held sufficient to supply the place of registration only when such notice is of the instrument itself or of its nature and purport.
INSTRUMENT REQUIREMENTS
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.
The mailing address of the grantee must be included in the instrument.
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.
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.” |
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