South Carolina law provides different kinds of deeds to transfer property, one of which is a quitclaim deed. This type is generally less complicated than other options because it doesn’t contain any promises about the quality of the property owner’s title.
It’s essential for grantors to follow all the state’s requirements to ensure they remain compliant. Read on to discover information relating to the legal framework for quitclaim deeds and the content and validity requirements.
Legal Framework
Tit. 27 of the South Carolina Code of Laws outlines the state’s laws on real property and conveyances. Ch. 7 of that title specifically covers the laws governing deeds. Additionally, Tit. 30 describes the recording of deeds.
Legal Description
The grantor must provide a legal description when they’re transferring the property in a quitclaim deed. They should use as many unique descriptors of identifying features to clearly distinguish the property. The state doesn’t have specific guidelines for writing a legal property description, but it’s good practice to copy the language present on the previous deed.
Signing
Under SC Code § 30-5-30, the following people must sign:
- The grantor.
- A notary public or certain other public official to acknowledge the signature.
- Two witnesses, one of which can be the notary or public official acknowledging the grantor’s signature.
Terminology
South Carolina does not require the use of any state-specific, out-of-the-ordinary terminology in the content portion of its quitclaim deeds.
Additional Documents
SC Code § 12-24-70 requires that the grantor file an affidavit with the deed that states the property’s value. If the deed is exempt from recording fees, the affidavit does not need to state the property value but must provide a reason for the deed’s exemption. The clerk of courts or register of deeds may waive the need for an affidavit at their discretion.
Filing
SC Code § 30-7-10 dictates that a deed must be recorded with the county’s Register of Deeds office. In counties without a separate Register of Deeds, visit the clerk of courts for filing. The county may charge a filing fee separate from the deed recording fee.
Validity Requirements
In order to be considered legally binding, a quitclaim deed must:
- Contain complete information about the grantor and grantee.
- Have an appropriate and thorough legal description of the property.
- Include the required affidavit, unless the county’s register of deeds waives it.
- Contain the signatures of the grantor and two witnesses, including a notary.
- Be accompanied by the appropriate fees, which vary from county to county.
Note: This deed doesn’t require a derivation clause, which is a clause describing the origin of the current owner’s title.
Content Requirements
Within the content of a quitclaim deed, South Carolinians should include:
- Names and addresses of the preparer of the document, the grantor, and the grantee.
- How much money will change hands in the transaction (if any).
- Where the property is and unique descriptors to identify it.
Quitclaim Deeds vs. Other Property Transfer Methods
| Quitclaim Deed | Lets a grantor transfer property to someone they know well. It makes no promises about the property's title. |
| General Warranty Deed | Offers the greatest level of protection by guaranteeing the grantor holds a clear title and has the right to sell the property. |
| Special Warranty Deed | Provides less protection than a general warranty deed. Only guarantees that the seller hasn't done anything to inhibit the title during their ownership period. |
| Life Estate Deed | Transfers property to an individual (the remainderman) upon the death of the grantor. The grantor still has the right to use the property during their lifetime. |
| Grant Deed | Provides two basic warranties on an implicit level: (1) that the grantor hasn't previously transferred the title to someone else, and (2) that the property isn't burdened by any liens or encumbrances (except for those explicitly stated in the deed). |
| Co-Ownership | Options include joint tenants with rights to survivorship (meaning when one owner dies, their title passes to the other owner) or tenants in common with or without rights to survivorship. |
