Find the right South Carolina real estate form

South Carolina real estate conveyances are governed primarily by Titles 27 and 30 of the South Carolina Code of Laws. South Carolina imposes specific execution and recording requirements, including mandatory witness provisions and a derivation clause.

Execution and Witness Requirements

A deed conveying real property must be signed by the grantor and executed in the presence of two credible witnesses (S.C. Code Ann. § 30-5-30). In order to be recorded, the execution of the deed must be proved by the affidavit of a subscribing witness taken before an officer authorized to administer oaths. Compliance with the Uniform Recognition of Acknowledgments Act is required where applicable.

Deeds must also contain a derivation clause stating the grantor’s source of title.

Forms of Conveyance

The statutory form for a fee simple conveyance appears in S.C. Code Ann. § 27-7-10. While statutory forms may be used, they are permissive rather than mandatory. Warranty deeds and quitclaim deeds are commonly used, and warranty clauses may be included or omitted according to the parties’ agreement.

Unless expressly limited, a deed passes the grantor’s entire interest in the property.

Ownership and Alien Restrictions

Any person with legal capacity may acquire and convey real property in South Carolina. Aliens may acquire, hold, and dispose of real and personal property in the same manner as citizens, subject to acreage limitations set forth in S.C. Code Ann. §§ 27-13-30 and 27-13-40. Foreign corporations may exercise similar rights under § 27-13-10.

Recording and Notice

Deeds must be recorded in the Register of Deeds office in the county where the property is located. South Carolina follows a race-notice recording statute. An instrument affecting real property is effective against subsequent purchasers or creditors for value without notice only from the time it is recorded (S.C. Code Ann. § 30-7-10).

Priority among competing instruments is determined by the time of filing for record.

South Carolina law expressly provides that possession of real property does not operate as constructive notice of an unrecorded instrument. Only actual notice of the instrument itself or its nature is sufficient (S.C. Code Ann. § 30-7-90).

Because South Carolina requires execution before two credible witnesses, inclusion of a derivation clause, and timely county recording to protect priority, careful compliance with statutory formalities is essential to ensure that a conveyance is valid and enforceable.