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Spartanburg County Recording Information |
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Recording real estate deeds in Spartanburg County, South Carolina.
All instruments conveying an interest in real property located in South Carolina must be recorded in the county’s Register of Deeds office in order to be valid. The Register of Deeds is part of the clerk of courts. 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.
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.
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.
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.”
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.
Creating Joint Tenancy:
Whenever a deed contains the names of the grantees followed by the words “as joint tenants with rights of survivorship, and not as tenants in common” the creation of a joint tenancy with rights of survivorship is deemed to have been created. The joint tenancy includes, and is limited to, incidents of ownership as defined in section 27-7-40 of the South Carolina Code of Laws.
The surviving joint tenant may file a certified copy of the death certificate with the Register of Deeds following the death of the other joint tenant. This must be done in the county where the property is located. The filing of the certificate of death is conclusive evidence that the joint tenant is deceased and that the interest of the deceased joint tenant has vested by operation of law in the surviving joint tenant.
Any joint tenancy that is severed pursuant to the terms of 27-7-40 is and becomes a tenancy in common without rights of survivorship. Nothing presented in section 27-7-40 shall be construed to create a tenancy by the entirety
Conveyances to defraud:
Every conveyance of land, gift, or other instrument as outlined in section 27-23-10 which is made with the intent or purpose to delay, hinder, or defraud creditors must be deemed and taken to be clearly and utterly void and of no effect. A conveyance to deceive purchasers is also void and of no effect. |
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Information For Spartanburg County, South Carolina |
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| No current information available for Spartanburg County |
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Spartanburg County E-Recording |
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| Record your
Spartanburg County documents now, online,
from your home or
office.
Click here to get
started. |
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Recorder Office
Information |
| Spartanburg County Register of Deeds Administration Building, Suite 100 |
| 366 North Church St., Spartanburg |
| 8:30am to 5:00pm Monday through Friday |
| Phone: (864) 596-2514 |
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