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South Carolina Grant Deed

In South Carolina, title to real property can be transferred from one party to another by executing a grant deed. Use a grant deed to transfer a fee simple interest with some covenants of title. The words "grant, bargain, sell, and release" in the conveyancing clause signify a transfer of title in fee simple (S.C. Code 27-7-10).

Grant deeds offer the grantee (buyer) more protection than quitclaim deeds, but less than warranty deeds. A grant deed differs from a quitclaim deed in that the latter offers no warranty of title, and only conveys any interest that the grantor may have in the subject estate. Grant deeds guarantee through implied covenants that the title is free of any encumbrances (except for those stated in the deed) and that the grantor holds an interest in the property and is free to convey it. A warranty deed offers more surety than a grant deed because it requires the grantor to defend against claims to the title.

A lawful grant deed includes the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For South Carolina residential property, the primary methods for holding title are tenancy in common and joint tenancy. A conveyance of real estate to two or more persons creates a tenancy in common, unless a right of survivorship is expressly created in the conveyance (27-7-40).

In addition to meeting all state and local standards for recorded documents, a grant deed requires a complete legal description of the parcel. South Carolina requires either a metes and bounds, or a lot and subdivision description, or a reference to the plat book and page that provides the legal description. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The completed deed must be acknowledged by the grantor (and his or her spouse, if applicable) in the presence of two witnesses (30-5-30).

A transfer fee is levied based on the consideration paid. If there is no consideration paid or the transfer is exempt from this fee, state the reason for the exemption on the face of the deed. See S.C. Code 12-24-40 for a list of exemptions. Real estate transfer fees are due upon recording, unless an exemption is claimed. Contact the appropriate Register of Deeds office for up-to-date information on transfer fees.

Conveyances of realty in South Carolina require an affidavit that states the true consideration or an exemption (12-24-70(A)(1)). See S.C. Code 12-24-40 for a list of exempt documents. The affidavit should be signed by a person connected to the transaction. Jasper County has a county-specific affidavit that must be recorded with the deed.

Record the original completed deed, along with any additional materials, at the Register of Deeds office in the county where the property is located. Contact the appropriate Register of Deeds to verify accepted forms of payment.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a South Carolina lawyer with any questions related to the transfer of real property.

Deeds.com South Carolina Grant Deed Forms Have Been Updated as Recently as Friday October 18, 2019

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A. S. said: First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

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South Carolina Grant Deed Form