South Carolina Quit Claim Deed Form
The South Carolina Quit Claim Deed efficiently releases any present interest a party known as the Grantor has in a property. Their interest will be acquired by a party called the Grantee—if the Grantor in actual fact has any. Due to this agreement’s lack of implied or expressed title covenants, guarantees, and warranties, a Grantee will not have the opportunity to pursue legal action if they are left empty-handed. The reason being that, in the eyes of the law, the Grantor did nothing wrong if they do not end up having any interest to transfer. It is thus up to the Grantee to proactively seek clarification about the property’s title because they cannot rely on a Quit Claim Deed to do so for them.
Laws (§ 27-7-10 and § 27-7-20): South Carolina Code of Laws, Title 27: “Property and Conveyances”
Creation of joint tenancy (§ 27-7-40): If the Quit Claim Deed bears the names of two (2) Grantees followed by the words, “as joint tenants with rights of survivorship, and not as tenants in common” this will establish a joint tenancy with rights of survivorship in the property.
Statutory form (§ 27-7-10 and § 27-7-20): Section 27-7-10 of the South Carolina Code of Laws provides a form of conveyance of fee simple. This form should not be used as-is to execute a Quit Claim Deed as it contains warranties. However, Section 27-7-20 states that the form can be “construed as not to oblige any person to insert the clause of warranty or to restrain him from inserting any other clause in conveyances.” In other words, the form can be adapted to suit the specific needs of each conveyance.
Uniform Recognition of Acknowledgments Act (§ 30-5-30(A)(2)): It is crucial for the Uniform Recognition of Acknowledgments Act to be followed. Otherwise, it will be necessary for the Grantor to submit an affidavit “subscribed to before a person authorized to perform notarial acts herein or by the Uniform Recognition of Acknowledgments Act” that asserts that a) the signature on the Quit Claim Deed is actually theirs and b) the form was executed for the appropriate uses and reasons that are detailed within it.
Signing requirements (§ 27-7-10): In order to ensure the valid execution of a South Carolina Quit Claim Deed, the following must be held true:
- The Grantor signs the document,
- Two (2) or more credible witnesses are present and subscribe it, and
- A Notary Public notarizes it.
How to file a Quit Claim Deed in South Carolina (§ 30-7-10): The South Carolina Quit Claim Deed needs to be recorded in the office of the Register of Deeds or clerk of court in the same county the real estate is located. The filer will be charged a filing fee that must be paid within the time period specified by each respective county.
As established by § 30-7-10, South Carolina is a state that has a “race-notice recording act.” What this means is that filing a Quit Claim Deed represents a form of notice. This is notable because under this act, if someone else purchases the same dwelling without notice that the Grantee now holds the title to it, this party will be able to maintain their claim to it.
Simply put, the Grantee will lose their claim to the dwelling simply because they failed to record their conveyance in due time. Hence, all Deeds should be recorded promptly after completion.