My Account Deeds.com Real Estate Deeds

South Carolina Special Warranty Deed

A limited warranty deed can be used to transfer title to real estate in South Carolina. A limited warranty deed may also be called a special warranty deed. This type of deed is commonly used in commercial real estate transactions in this state. A conveyance of real estate in South Carolina will pass the entire interest of the grantor in the property described to the grantee, unless a different intention is clearly expressed in the deed (27-5-130). A statutory form for a conveyance of real property in fee simple is presented in 27-7-10 of the South Carolina General Code. This form can be used for a limited warranty deed, as section 27-7-20 of the South Carolina General Code provides that the statutory form does not force anyone to insert the clause of warranty and also does not prevent a person from inserting any other clause. In a limited warranty deed, the grantor will warrant and defend the title to the property to the grantee, the grantee's heirs, successors, and assigns against the said grantor and his successors and assigns.

A limited warranty deed must be signed and 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 limited warranty deed in this state, one of whom may be the notary public. Proof of a limited warranty deed can be evidenced by the affidavit of a subscribing witness to the instrument, taken before an officer in the state authorized to administer oaths (30-5-30A). Alternatively, the deed can be acknowledged by the grantor. 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. A limited warranty deed is required to contain a derivation clause (30-5-35).

From the time a limited warranty deed is recorded in the register of deeds office in the county where the property is located, it will be valid so as to affect the rights of subsequent creditors or purchasers for valuable consideration without notice. Until the limited warranty deed is signed, acknowledged or proved, and recorded, it will not be valid against third parties. In the case of a subsequent purchaser or 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 under this section of the law as a subsequent creditor or purchaser for value without notice. The priority of instruments is determined by the time they are filed for record (30-7-10). The proper recording of documents establishes a priority of claims against a specific property.

Deeds.com South Carolina Special Warranty Deed Forms Have Been Updated as Recently as Monday March 22, 2021

4.8 out of 5 (2578 Reviews)

What others like you are saying:


Joice W G. said: Easy to use and able to individualize, which was important since I needed to print more than one doc. I just wish I had an option for a less expensive purchase - seemed like a lot for just a couple docs.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


BILL G. said: Slick

Reply from Staff: Thank you!


Kevin M. said: Maricopa County Recorders office directed to use Deeds.com for all forms, etc. Easily found the Warranty Deed form, instructions & sample form I was looking for.

Reply from Staff: Thank you!


Anita L. said: Found this site very easy to navigate and customer service very supportive and quickly answers any questions you have regarding forms. Best of all you can get the forms you need and only pay for those forms, not tied to some ongoing fee that you must cancel if you have no further need beyond forms you've already purchased.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Joanna L. said: This is a great tool. It is easy to use and saves me a lot of time.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Christine K. said: This site was fast and easy to use. I would highly recommend using them. Thank you Deeds.com!!!!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


South Carolina Special Warranty Deed Form