Certificate of public conveyance code#

Certificate of public conveyance code#

Code § 8-21-310 which was amended by the South Carolina Legislature, effective August 1, 2019. Recording requirements are pursuant to Title 30 of the SC Code of Laws. However, some interpretations may vary slightly. All listed should be relatively consistent in all counties. require a “parent” or original book and page number.Įxceptions/additional requirements are noted. Subsequent documents such as releases, satisfactions, etc.A derivation clause to include name(s), date and book and page of conveyance to the Grantor.A property description to include a recorded plat reference or metes and bounds description.A South Carolina Probate or Acknowledgement.Signature of the Party of the First Part.Generally, all documents presented for recording require:

Any recording duty omitted from the above lists is not intentional.Ĩ.2 Recording Fees and Recording Requirements Recording UCC financing statements regarding real estate.Īs stated earlier, each county may have their own additional practices that they follow.Recording powers of attorney and certificate of trusts.Recording and indexing federal tax liens.The Register of Deeds is also responsible for: Providing certified copies of any writing recorded in the office upon application and payment in advance of any required fees.Recording and indexing state tax liens.Recording conveyances of real property involving the State of South Carolina, only if accompanied by a certificate of acceptance.Recording highway and street closings or abandonment by court order.Recording releases or satisfactions of lien on real estate.

Recording assignments or transfers of mortgage.

Recording proceedings under the Bankruptcy Act of the United States.

Recording mortgages of leaseholds or other interests in real estate.

Recording marriage settlements, conveyances, mortgages and other writings concerning the titles to lands in his/her county.

The following recording duties are prescribed by law: Failure to do so, or to adequately secure the records in his or her charge as a public officer, can subject the ROD to criminal sanctions. The primary duty of the Register of Deeds is to record writings concerning title to or interests in real or personal property. Other documents of public interest may also be recorded by the ROD.

Generally, all instruments conveying an interest in real property must be recorded in that county’s ROD in order to be valid. The proper recording of documents provides notice to subsequent purchasers or creditors of the interests of others in the property and establishes priority of claims against that property. The duties of the ROD are provided for in Title 30, Chapter 5 of the S.C. However, after their term or exit from office, the name is to change to ROD. Current office holders, whether appointed or elected, were authorized to keep the name of RMC during their tenure in office. On January 1, 1998, the name of the office changed from Register of Mesne Conveyances (RMC) to Register of Deeds (ROD). In the remaining 23 counties, the ROD functions are performed by the elected Clerk of Court.Ĭounties where ROD’s are appointed by the governing body are: AndersonĬounties where the ROD’s are elected are: The Register of Deeds exists as a separate governmental office in 23 counties in South Carolina. Please consult your county attorney, SC Court Administration, or the SC Code of Laws, for clarification on any item contained in this chapter. While the intent is to provide a useful tool of the basic procedures for active ROD’s, it is also understood that each county may have their own set of policies, practices, and ordinances that they adhere to, in addition to State statute. This chapter is designed to serve as a general reference of the duties and activities that may occur in the Register of Deeds (ROD) office.