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South Carolina Grant Deed Form

A grant deed can be used in South Carolina to transfer ownership of real property. A grant deed must meet the statutory requirements for a conveyance of real estate.

A grant deed contains some of the usual covenants of warranty but is not as protective for the buyer as a warranty deed. However, this type of deed does offer more protection than a quitclaim deed. In a grant deed, the grantor warrants that he or she has not previously conveyed the estate being granted and has not encumbered the property except as may be noted in the deed. Every real estate deed in this state will pass the entire interest of the grantor in the property described in the deed, unless a contrary intention is provided in the deed (27-5-130).

A grant deed must be acknowledged or proved in accordance with South Carolina law in order for the deed to be recorded with the register of deeds. Two witnesses are required for a grant deed, one of whom may be the notary public. A grant deed can also be proved by the affidavit of a subscribing witness, taken before an officer in the state competent to administer oaths (30-5-30A). Alternatively, a deed can be signed by the grantor and acknowledged. The signing must be acknowledged by the grantor in the presence of two witnesses, taken before an officer in the state competent to administer oaths. Acknowledgments can also be taken out of state before any of the officers listed in 30-5-30B and must comply with the Uniform Recognition of Acknowledgments Act. Grant deeds in this state are statutorily required to contain a derivation clause (30-5-35).

The proper recording of real property documents establishes a priority of claims against a specific property. A grant deed is valid so as to affect the rights of subsequent creditors or purchasers for valuable consideration without notice only from the time it is recorded in the register of deeds office in the county where the property is located. 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 subsequent lien must be filed for record in order for its holder to claim under this section of the laws as a subsequent creditor or purchaser for value without notice. The priority of instruments is determined by the time of filing for record (30-7-10). South Carolina Grant Deed Forms Have Been Updated as Recently as Thursday February 15, 2018