Kershaw County Recorder

In Kershaw County, the Register of Deeds is a recording and public service office that is responsible for recording easements, deeds, and other instruments pertaining to real property located 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.

There are no documentary stamps on a corrective deed unless the consideration changes. An affidavit of exemption is required.

If you need more details on recording fees or documentary stamps, contact the Kershaw County Register of Deeds directly.

* Originals, not photocopies, should be submitted for recording.

* Use white paper, size 8.5 x 11 inches. Black ink with a font size of at least 12 point will help to meet legibility requirements. Blue ink can be used for signatures.

* Deeds must have two witnesses in order to be recorded. The Register of Deeds will not act as a witness or notary. A South Carolina probate or acknowledgment is also required.

* Sufficient space for the recording stamp should be provided. Generally, a 2-inch top margin on the first page will be sufficient. All other margins should be at least 1 inch.

* The grantor must sign the document and must have his/her signature acknowledged. An example of a South Carolina uniform acknowledgment can be found on the Kershaw County Register of Deeds website.

* The mailing address of the grantee or mortgagee must be included.

* Before a deed of conveyance can be recorded, it must be endorsed by the county auditor.

* A legal description of the property is required, as well as the Tax Parcel ID number and the property address. The legal description must include a plat book and page reference, or a metes and bounds description.

* Include the name and address of the individual who prepared the document, preferably at the conclusion of the document.

* All deeds conveying an interest in land and all mortgages of real estate executed after July 1, 1976, must include a derivation clause in the property description .When the grantor's title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed. However, when the deed of derivation has been simultaneously executed and delivered and has not then been recorded it is sufficient to set forth in the deed the name of the grantor of the deed of derivation, the date, and that it is to be recorded. When the grantor's title was obtained by inheritance or devise, the derivation clause must include the name of the person from whom the title was acquired, the approximate date of acquisition, and, in the case of property acquired under a probated will or administered estate, the probate court in which such estate was filed. However, a derivation clause is not required on property devoted to a utility or railroad purpose of any private or public utility or railroad. Further, a derivation clause is not required on a quit claim or non-warranty deed of real property.

AFFIDAVIT

When recording a deed, an affidavit showing the value of the realty needs to be filed with the deed. If the deed is exempt, the value is not required to be stated on the affidavit, but the affidavit must state the reason for exemption.

The affidavit must be signed by a responsible person connected with the transaction, and the affidavit must state the connection. The register of deeds may waive the affidavit requirement at his discretion.

The total consideration paid should be indicated on the face of the deed. If the amount paid is not indicated, or has the words "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.

A sample affidavit is available on the Kershaw County Register of Deeds website.

A quit claim deed is subject to documentary stamps if there is a consideration paid. An affidavit of exempt transfers is required. A sample version of this form is available on the Kershaw County Register of Deeds website.