Beaufort County Recorder

The recorder in Beaufort County is responsible for recording and maintaining records related to real property situated in the County.

Deed: $15 + deed tax (see below)
Agreement, Amendment, some Assignments, Contract, Declaration, Dissolution, Easement, Lease, Mortgage, Restrictive Covenant, UCC Document, Waiver: $25
Affidavit, Article, some Assignments, Mechanics Lien, Release: $10
Please check the county website for a more detailed list.

Unless the document is exempt, both state and county taxes are due upon recording. State documentary stamps are $1.30 per $500, and county documentary stamps are $0.55 per $500, rounding up the per $500 to the nearest whole number. Consult the deed stamps table under supplemental forms for specific amounts.

The Hilton Head Island Transfer Fee (which applies to all district numbers in the 500 range, but not 501) is .0025 x the consideration.

Include a self-addressed stamped return envelope so that documents can be returned after they are recorded.

Contact the Register of Deeds directly for more information about recording fees.

* In order to be recorded, documents must be fully legible and should not be of poor quality or condition so as to prevent scanning.

* Any grommets, ribbons, seals, or other materials that may inhibit the scanning will be removed prior to the recording of the document.

* Documents must have original signatures of executing parties and date of execution.

* Documents may be copies or faxes, but all required signatures must be originals. The Beaufort County Register of Deeds suggests that submitters use blue ink for signatures. Names should be printed or typed beneath signatures.

* Most documents require two witness' original signatures. One of these witnesses may sign the Affidavit of Probate and the other may be the notary public. The individuals who execute these documents cannot be any of these. Powers of Attorney may be witnessed as provided for in the jurisdiction in which executed, but if there are fewer than two witnesses an affidavit is required from a licensed attorney in that jurisdiction which cites the applicable law related to such execution.

* Documents presented for recording must be notarized by a licensed notary public, with the appropriate notary statement, signature, and expiration date.

* Documents must contain a legal description of the property and/or a reference to an attached plat which provides the legal description.

* Deeds and mortgages must include a derivation clause, preferably at the end of the legal description. The derivation clause should give recording information for the deed which established the grantor's ownership, and should provide an important link in the chain of title. This clause should include the name of the original grantor, and the recording date and/or book or page number of the deed that originally conveyed the property to the grantor.

* The address of the buyer should be clearly noted on deeds. The secured party should be clearly noted for mortgages. These items are usually on the face of the document.

* Deeds must have a clause, preferably at the end of the legal description that gives the name and address of the person who prepared the document.

* Preferably on the first page of the document, the district map and parcel number should be noted. At a later date, the assessor's office will determine whether that number is correct. If the information is incorrect, the submitter of the document may be asked to re-record a corrected document, at the submitter's own cost. The information may be obtained from your old deed or tax notice, or by contacting the Beaufort County Assessor.

* Any conveyance of property that meets state and local laws requiring payment of recording fees, transfer fees, etc., must indicate the true consideration or value in money's worth for the conveyance.

ATTACHMENTS

* If the submitter claims an exemption from any fees established by state or local laws, an affidavit must be attached which cites the specific section of the law under which the exemption is claimed. For more information, see S.C. Code 4-5-80 and Hilton Head Island Ordinance #95-2 and 95-4 regarding the transfer fees.

* The total consideration should be indicated on the face of the deed. If a deed does not indicate on its face the amount paid, or has the words "and in other consideration" or if a trade of property is involved, an Affidavit of True Consideration must be attached in order to reflect the actual value of the transaction.

* If a document is missing a specifically referenced plat or other attachment/exhibit, it will be returned to the attention of the submitter.

Affidavits of Probate and Acknowledgments

Documents must have either the Affidavit of Probate or an acknowledgment following the execution and witness signatures. The Probate provides for one of the two witnesses to confirm to either the other witness or the notary that he/she saw the grantor(s) execute the document. The acknowledgment provides for the executing party to make oath to the notary that he/she executed the document.