Lexington County, South Carolina - Recorder Information

Register of Deeds

You are NOT on the Lexington County official website, you are on Deeds.com, a private website that is not affiliated with any government agency.

The primary function of the Register of Deeds office in Lexington County, South Carolina is to record, maintain, and preserve all land records for the county and make them readily available for public viewing. All recordings of documents must be in accordance with South Carolina laws and county ordinances.

Recording Fees

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.

Exempt affidavits are required on deeds with no consideration.

If you need more information about recording fees or transfer taxes, contact the Register of Deeds in Lexington County directly.

Document Formatting Requirements

* Original documents or certified copies from courts or government agencies should be submitted for recordation.

* Use white paper, 8.5 x 11 inches in size. Black ink with a font size of at least 12 point will help to ensure legibility. Signatures can be completed in blue or black ink.

* On the first page, sufficient space must be provided for the recording stamp. A 2-inch top margin on the first page should be sufficient. All other margins should be a minimum of 2 inches.

* On all written instruments, with the exception of a mortgage satisfaction, there must be two witnesses and also a probate or acknowledgement statement. The notary may be one of the witnesses.

* The instrument must be signed by the grantor or mortgagor.

* A person preparing or filing a document for recordation may not include a social security, driver's license, state identification, passport, checking account, savings account, credit card, or debit card number, or other personally identifying numbers, unless required by law.

* All deeds and mortgages 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.

* The grantee's name and mailing address must be provided for any deed of conveyance.

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

* A legal description of the real property is required, which should include the tax parcel ID number and the property address. The legal description must also include a plat book and page reference or a metes and bounds description.

* At the end of the document, include the name and address of the individual who prepared the document.


AFFIDAVIT

When recording a deed, an affidavit showing the value of the realty needs to be filed when the deed is submitted. 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 quit claim deed is subject to documentary stamps if there is a consideration paid. An affidavit of exempt transfers is required.