What is a Quitclaim Deed in South Carolina?
In South Carolina, a quitclaim deed is used to transfer property from an owner (“Grantor”) to the new owner (“Grantee”) without any promises or guarantees about the property’s title or condition. Quitclaim deeds are a quick way to transfer property but they offer the lowest security among real estate deeds in South Carolina.
The most common use of quitclaim deeds is between parties with high levels of trust, such as family members or close friends.
What is the Difference Between a Quitclaim Deed and a Warranty Deed in South Carolina?
The main difference between quitclaim deeds and warranty deeds in South Carolina is that a quitclaim deed provides less security to the Grantee.
A warranty deed provides legal protection to the new owner because it confirms that the Grantor owns the property and has the right to make a transfer.
Warranty deeds are mostly used for real estate transactions in South Carolina. Quitclaim deeds, on the other hand, are typically used for transfers between family and friends.
How Do Quitclaim Deeds Work in South Carolina?
Laws surrounding quitclaim deeds are found in Title 27 of the South Carolina Legislature titled Property and Conveyances.
A quitclaim deed in South Carolina must state that the Grantor “quitclaims” their interest in the property to the Grantee. Once prepared, the quitclaim deed must be filed at the County Registers of Deeds in the county where the property is located.
Can You Prepare Your Own Quitclaim Deed in South Carolina?
You can prepare your own quitclaim deed in South Carolina. A professional drafter is not legally required.
The name and address of the individual who drafted the deed, however, must be mentioned under “Prepared by.”
South Carolina Quitclaim Deed Requirements
Most formatting standards in South Carolina are those that counties have uniformly adopted and standardized throughout the state.
Formatting Requirements
Formatting requirements for quitclaim deeds in South Carolina include:
- Paper size: between letter (8.5 x 11) or legal (8.5 x 14).
- Margins: leave a 3×3 inch space in the upper right corner of the first page for the recorder; no less than 1.5 inches on all remaining sides.
- Font: black or blue ink; prints legible and photocopiable.
Content Requirements
Content requirements for quitclaim deeds in South Carolina include:
- Grantor’s name and address.
- Grantee’s name and address.
- Preparer’s name and address.
- Granting clause – a statement describing the transfer the parties have agreed to.
- Consideration clause – the value or the amount of money exchanged.
- Property address.
- Property’s legal description.
- Property’s district, map, or parcel number where applicable.
Who Signs a Quitclaim Deed in South Carolina?
For a quitclaim deed to be legally valid in South Carolina, it must be signed by the Grantor, with their names typed directly under the signatures.
The Grantor must have their signature authenticated by two witnesses, and one of these witnesses must be a notary public or an authorized officer.
How to File a Quitclaim Deed in South Carolina
Here’s how to file a quitclaim deed in South Carolina:
- Prepare the quitclaim deed with the information required.
- Ensure that the Grantor signs the deed with their signature authenticated by two witnesses, including a notary public or an authorized officer.
- The party submitting the deed for recording is required to complete a statement, known as an Affidavit for Exempt Transfers to report the property’s value and tax exemptions, if any.
- If the quitclaim deed is used for a real estate sale, then the Grantor is required to fill out a South Carolina Property Disclosure Statement.
- The quitclaim deed must be filed at the County Registers of Deeds in the county where the property is located.
How Much Does it Cost to File a Quitclaim Deed in South Carolina?
In South Carolina, the fees for filing a quitclaim deed are as follows:
- $15 flat fee for real estate deeds.
- $25 flat fee for an attached plat or survey.
What Taxes Are Owed on Quitclaim Deeds in South Carolina?
In South Carolina, the transfer of property through a quitclaim deed triggers transfer tax, also known as a deed recording fee:
- The transfer fee rate is $1.85 for each $500 of the property’s value.
- Many transfers that are generally filed under quitclaim deeds are tax-exempt from the recording fee, including:
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- Property transferred for no consideration (or less than $1oo).
- Transfers for partitioning property.
- Property transfers within family partnerships or trusts.
- Corrective or quitclaim deeds to confirm the existing title.
How Long Does a Quitclaim Deed Take to be Recorded in South Carolina?
The length of time it takes to record a quitclaim deed in South Carolina can vary based on county-specific processes. Typically, it can take anywhere from a few business days to a few weeks.
What Happens After a Quitclaim Deed is Recorded in South Carolina?
In South Carolina, once the quitclaim deed is signed and filed, the county will process the document if the deed is clear of any previous filings. A public record of the transfer of the property ownership will then be made official.
The original deed will then be mailed back to the return information provided. In some South Carolina counties, paper copies are not retained; instead, the deed is scanned after recording, and the original is returned immediately.
How Long Are Quitclaim Deeds Valid For in South Carolina?
There is no expiration for quitclaim deeds in South Carolina. However, the time to recover real property in South Carolina is limited to ten years.
Sources
- 1 S.C. Code Sec 27-7-10
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The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others the fee simple of any land or real estate.., have granted, bargained, sold and released and by these presents do grant, bargain, sell and release unto the said C D all that..
Source Link - 2 S.C. Code Sec 30-7-10.
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All deeds of conveyance of lands, tenements, or hereditaments, either in fee simple or for life..created by law or by agreement of the parties and generally all instruments in writing conveying an interest in real estate required by law to be recorded in the office of the register of deeds..
Source Link - 3 Greenville County - Recording Standards
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(I) Greenville County – Recording Standards
Documents should be 8.5 x 11 or 8.5 x 14 inches (except for plats); Leave a 1.5” margin at the top & bottom of documents for the recording stamp; Use black or dark blue ink on all documents. No highlighting on documents; Tax map Number required; Property description (plat book & page, metes & bounds)
(II) Spartanburg County – Recording Requirements and Fees
With the exception of plats, all documents should be 8.5 x 11 or 8.5 x 14 inches; Document margins should be no less the 1.5”; Use black or blue ink on all documents;
(III) Beaufort County – Register of Deeds
Standard paper sized 8.5″ X 11″ or 8.5″ X 14″ max; Must leave 3″ X 3″ space in upper right hand corner of first page, and 1″ margin at top of all other pages; Documents must be fully legible; The District, Map & Parcel No must be clearly noted somewhere on all Deeds and all Plats; Preparation clause required on all Deeds (name & address of preparing party)
Source Link - 4 S.C. Code Sec 27-7-10
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Form of conveyance of fee simple; witnesses. The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others the fee simple of any land or real estate if it shall be executed in the presence of and be subscribed by two or more credible witnesses..
(II) S.C. Code Sec 30-5-30 (B)
A deed or other instrument must be signed by the grantor… in the presence of two witnesses, taken before some officer within this State competent to administer an oath.. (1) a commissioner appointed by dedimus issued by the clerk of the court of common pleas of the county in which the instrument is to be recorded… (5) a notary public who shall affix to the deed or other instrument his official seal…
Source Link - 5 S.C. Code Sec 12-24-70.
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(A)(1) The clerk of court or register of deeds shall require an affidavit showing the value of the realty to be filed with a deed. The affidavit required by this section must be signed by a responsible person connected with the transaction..
Source Link - 6 S.C. Code Sec 27-50-40.
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Disclosure statements; contents; owner options.(A) Except for transactions exempted under Section 27-50-30, the owner of the real property shall furnish to a purchaser a written disclosure statement…
Source Link - 7 S.C. Code Sec 8-21-310
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(A) Except as otherwise expressly provided, the clerks of court, registers of deeds, or county treasurers, as may be determined by the governing body of a county, shall collect the following uniform filing fees: (1) fifteen dollars for a deed to real estate; and (2) twenty-five dollars for the following documents..(e) a plat or survey not part of or attached to another document to be recorded;
Source Link - 8 S.C. Code Sec 12-24-10.
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(A) In addition to all other recording fees, a recording fee is imposed for the privilege of recording a deed in which land and improvements on the land.. The fee is one dollar eighty-five cents for each five hundred dollars, or fractional part of five hundred dollars, of the realty’s value as determined by Section 12-24-30.
Source Link - 9 S.C. Code Sec 12-24-40
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Deed Recording Fee. Exemptions. Exempted from the fee imposed by this chapter are deeds: (1) transferring realty in which the value of the realty, as defined in Section 12-24-30, is equal to or less than one hundred dollars..
Source Link - 10 S.C. Code Sec 15-3-340
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No action for the recovery of real property or for the recovery of the possession of real property may be maintained unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within ten years before the commencement of the action.
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