Deed Preparation

Are you looking to have a deed prepared for a property transfer in South Carolina?  Our professional team has many years of experience preparing legal documents like property deeds and has the knowledge to provide guidance as to the proper deed selection.

A deed is a written document where the current owner, called the Grantor(s), conveys property to a purchaser, called the Grantee(s).

There are a few steps required to transfer property in South Carolina:

     1)The grantor(s) must be competent to convey the property.
     2)The Deed must state the consideration being paid by the Grantee to Grantor for the property.
     3)The Deed must contain the appropriate granting language.
     4)The Deed must be signed in the presence of two credible witnesses.  For a deed to be recorded,          one witness must be a notary.      
     5)The Deed must be probated or acknowledged.
     6)The Deed must be delivered to the Grantee.


When preparing a deed it is important to note that there are 3 different types of Deeds in South Carolina.

The first type of Deed is called a General Warranty Deed.  A General Warranty Deed is a Deed in which the Grantor(s) warrants the title against the claims of anyone including those claiming through grantor, grantors heirs and those in grantors chain of title.  The statutory language used to create a General Warranty Deed is “And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend all and singular the said premises unto the Grantee, his heirs and assigns, against myself and my heirs and against every person whosoever lawfully claiming or to claim the same, or any part thereof.

The second type of Deed is called a Limited Warranty Deed.  In a Limited Warranty Deed, the Grantor limits his warranty to himself, his heirs,  or successors and assigns.  The language used to create a Limited Warranty Deed is “And I do hereby bind myself, my heirs, executors, and administrators to warrant and forever defend all and singular the said premises unto the Grantee, his heirs and assigns against myself and my heirs.”

The third type of Deed in South Carolina is a Quitclaim Deed.  A Quitclaim Deed contains no warranty and only conveys the title Grantor may or may not have.

When owning property in South Carolina with more than one owner, it is important to consider the manner in which to hold title.  In South Carolina the two most common methods to hold title are:

     1)Tenants in Common (TIC); or
     2)Joint Tenants With Right of Survivorship (JTROS).

The main difference between TIC and JTROS is that upon the death of a co-owner who is holding title as TIC his/her interest in property will transfer according to the deceased’s will; while co-owner’s interest in the property held as JTROS will pass automatically to the other co-owner(s) upon the death of the co-owner without having to go through probate.

 

Deed Preparation Resources

Deed Preparation Attorneys

James Randall Davis


(Ph) (803) 359-2512

(Fa) (803) 359-7478

Ryan M. Wingard


(Ph) (803) 359-2512

(Fa) (803) 359-7478