A South Carolina deed form allows for transferring ownership and claim of a real estate property from one party to another. It includes all documentation and relevant paperwork pertaining to a written contract between the grantor (seller) and the grantee (buyer). The statutory form for a conveyance of simple fee can be found in §27-7-10 of the South Carolina Code of Laws.
All state laws about deeds and transfer of deeds are under Title 30 of the South Carolina Code of Laws. All forms must be filed at the County Registers of Deeds (§30-5-30). All deeds must be signed in the presence of at least two witnesses and done so in the presence of a Public Notary. The notary may act as one of the witnesses (§30-7-10).
South Carolina General Warranty Deed
South Carolina general warranty deeds convey the title of a real estate property from a grantor (seller) to a grantee (buyer). A general warranty deed comes with a seller’s guarantee that the seller owns the title, has an interest in the property, and has the authority and right to sell.
All legal requirements and regulations on general warranty deeds are under SC Code Section 27 (Property & Conveyances).
Before a general warranty deed can be recorded, both parties must have the deed acknowledged by two witnesses and a public notary.
South Carolina Quitclaim Deed
A quitclaim deed is a less formal method of transferring or conveying a claim to, interest in, or ownership of a parcel of real estate. It is a quicker option than a general warranty deed and does not require the involvement of an attorney.
Quitclaim deeds must be signed by both parties and notarized before submitting to the County Register of Deeds. Requirements for quitclaim deeds may vary from county to county. This SC County Register of Deeds List provides more information.
South Carolina Special Warranty Deed
A South Carolina special warranty deed (also referred to as a limited warranty deed) transfers title to real estate property. In South Carolina, the conveyance of real estate will pass the entire interest in the property described to a grantee unless an alternative intention is expressed in the deed.
The statutory form for a conveyance of property in fee simple is in § 27-7-10 of the state General Code. Limited warranty deeds provide the grantor with warrant and defense to property title the grantee, grantee’s heirs, and successors against the grantor, heirs, and successors.
South Carolina Deed of Trust
A South Carolina Deed of Trust is a guarantee between a lender and borrower that pledges the interest in a property to secure a loan or promissory note, with a third-party trustee installed as an intermediary. The parties must establish the terms of the trust in an unrecorded document executed by the grantor (creator of the trust).
The deed must be executed by all trustees and acknowledged by two witnesses. The trustee may also execute a certification of trust to provide with the deed of transfer.
There are two different types of trusts in South Carolina:
- Revocable trust – avoids the probate process, can be altered or revoked after creation
- Irrevocable – in addition to probate, it also avoids the threat of creditors, lawsuits, and estate taxes but cannot be altered or revoked.
State laws and regulations about trusts are under South Carolina Trust Code.
Here are the most common questions about SC deed forms and their answers.