Looking for:
Is south carolina a race notice stateIs south carolina a race notice state. Request a Call - Scroll Bar Form
Is south carolina a race notice state
You are NOT on the recorder's website, you are on Deeds. Recorder information for South Carolina. Real property records are maintained by the recorder in the County where the property is located.
South Carolina is a race-notice state. This means that the first person recording the title to a particular piece of land is considered to be the landowner. It is imperative that you record the deed as soon as possible. A plat has no time limit unless the property is being subdivided for sale.
However, to have the parcel correctly taxed and prevent any future discrepancies with boundary lines, all plats should be recorded. A deed changes the ownership, but a plat only outlines the property.
Real estate deeds that transfer property in South Carolina can be recorded to provide constructive notice of the transfer. In most cases deed documents are recorded in the County where the property is situated. Address of grantee required by statute on all real estate deeds for recording. All deeds, conveyances, and instruments that are required by law to be recorded, are valid so as to affect the rights of subsequent creditors or purchasers for valuable consideration without notice, only from the time they are recorded in the proper county.
In the case of a subsequent purchaser of real estate, or in the case of a subsequent lien creditor on real estate for valuable consideration without notice, the instrument evidencing the subsequent conveyance or lien must be filed for record in order for its holder to claim as a subsequent creditor or purchaser for value without notice, and the priority is determined by time of filing. No possession of real property described in any instrument of writing required by law to be recorded shall operate as notice of such instrument.
Actual notice will be deemed and held sufficient to supply the place of registration only when such notice is of the instrument itself or of its nature and purport. In order to be recorded, an instrument must be acknowledged or proved according to law.
An instrument can be 1 acknowledged or proved by the affidavit of a subscribing witness to the instrument, taken before an officer in the state who is authorized to administer oaths; or 2 signed and acknowledged by the grantor in the presence of two witnesses, taken before an officer in the state who is authorized to administer oaths.
The mailing address of the grantee must be included in the instrument. The clerk of court will not record a deed or mortgage unless it contains a derivation clause as required; provided, however a deed or mortgage may be recorded without such clause upon a showing that is satisfactory to the clerk of court that the necessary information for the derivation clause was not available.
Before a deed conveying real property, including timber deeds, timber leases, and contracts of conveyance of timber can be recorded, it must be endorsed by the county auditor that it has been entered of record in his office. When any deed conveying or creating an interest in real property refers to the boundaries, metes, courses, or distances of such real estate delineated, the deed should state the office, book, and page of the recording of such plat or blueprint.
When any real property used as a hazardous waste storage or disposal facility permitted by the South Carolina Code of Laws is sold, conveyed, leased, or transferred in any manner, the deed or instrument of transfer should contain the following phrase in the legal description, in the same size type as the rest of the instrument: "The real property conveyed or transferred by this instrument has previously been used as a storage or disposal facility for hazardous wastes. Box , Fairlawn, OH General Records Retention Schedules — these schedules are state regulations issued by the S.
When a general schedule applies to records already covered under a specific schedule, the general schedule will supersede the specific schedule unless you wish to opt out of using the general schedule. Before you destroy the originals, you must submit to the State Archives and have approved a Microfilm Quality Certification for Records Disposition form. Introduction and general matters; application of schedule. The following general schedules contain minimum records retention periods for the official copy of the records.
These retentions and dispositions apply regardless of physical format, i. Convenience, informational or duplicate copies are not governed by this regulation and may be destroyed when no longer needed for reference.
To destroy records in accordance with this regulation, county governments must complete and submit a report of records destroyed form to the Department of Archives and History after eligible records have been destroyed. Before disposing of public records under these general schedules, county governments should insure that the records have no further audit, legal, or fiscal value. These general schedules supersede all schedules approved previously for the same records series.
However, county governments may opt out of these general schedules and request the continuing use of existing schedules or the establishment of specific retention schedules for their records when appropriate, necessary, or in order to avoid conflict with other laws or regulations. Subarticle 1. Register of Deeds S. Grantor and Grantee Index to Conveyances. Description: A finding aid to instruments in the conveyance book series.
Information includes name of grantee and grantor, book and page number where document is recorded, day and year of execution, month, day and year of recordation, number of acres or lots and a description of the land. Retention: Permanent. Microfilm for security. Description: Documents real property transactions plus infrequent entries involving personal property. Information includes grantor, grantee, location and description of land, monetary consideration, encumbrances if any , signature of grantor, notary, and witnesses or facsimiles thereof , date recorded, and plats where applicable.
Description: A finding aid to instruments in the real estate mortgage book series. Information includes name of mortgagee and mortgagor, book and page number where document is recorded, and the date. Microfilm optional.
Real Estate Mortgages and Satisfactions A. Description: Records the transfer of property, serving as a security for a debt which becomes void when the debt is paid according to the terms of the mortgage. Information includes name of mortgagor and mortgagee, description of the property, date of instrument, date of recording and satisfaction of mortgage where applicable.
Index to Plats A. Description: A finding aid to plats. Information includes name of owner and surveyor, date filed, date surveyed, volume and page number, property location, description, map number. Plats A. Description: Documents the legal survey and mapping of lands for grants and conveyances.
Information includes location, boundaries and divisions, date of survey, certificate of surveyor, scale, property owners, date of recording, and plat.
Index to Miscellaneous Records A. Description: A finding aid to instruments in the miscellaneous record series. Information includes name of party, book and page number. Miscellaneous Records A. Description: Various instruments filed with the office, including charters, contracts, options, agreements, powers of attorney, covenants, articles of association, articles of mergers between corporations, notices of forthcoming mergers, assignments of contract to mortgages, limited partnership agreements, and notices of intent to petition.
Description: A finding aid for liens on personal property under the Uniform Commercial Code adopted for South Carolina as of January Information includes name of debtor, date of personal debt, date of maturity, character of debt, and description of personal property pledged. Retention: 1 year after all entries have been terminated or lapsed, then destroy.
Description: Original papers recording liens on personal property under the Uniform Commercial Code adopted for South Carolina as of January These replace chattel mortgages.
Retention: 1 Financing statements where transmitting utility is the debtor: 1 year after termination statement has been filed, then destroy. If a microfilm or other photographic record of the financing statement and any related statements continuation, assignment, release exist, originals may be destroyed immediately after receipt of termination statement. Microfilm or other photographic records may then be destroyed one year after termination statement has been filed.
If a microfilm or other photographic record of the financing statement and any related statements continuation, assignment, release exist, originals may be destroyed immediately after statement has lapsed or after receipt of termination statement. Microfilm or other photographic records may then be destroyed one year after statement has lapsed or termination statement has been filed.
Charters A. Description: Consists of information on charters which have been recorded in the office of the Secretary of State. Information includes name of organization, incorporators, date, place of activities, capital, stock, increases in capital stock and cancellations.
Chattel Mortgages and Indexes A. Description: Defunct series containing original papers recording liens on personal property by chattel mortgages. Retention: 1 Records concerning chattel mortgages for rural electric cooperatives and Public Service Commission regulated utilities: Until termination statement is filed, then destroy. Index to Federal Tax Liens A. Description: Finding aid to federal tax liens.
Information includes name of taxpayer, address of taxpayer, date of filing, hour of filing, and amount of tax with interest. Federal Tax Liens A. Description: Standard forms filed in the office against personal property as a means of collecting delinquent federal taxes. Retention: 10 years and 30 days after date of assessment or last extension, whichever is longer, then destroy. Index to State Tax Liens A. Description: Finding aid to state tax liens. Retention: 10 years, then destroy. State Tax Liens A.
Description: Standard forms filed in the office against personal property as a means of collecting delinquent state taxes. Index to Mechanics Liens A. Description: Serves as the principal finding aid for locating mechanics liens. Information includes name of plaintiff, name of defendant, and file number.
Retention: 10 years after final entry has been executed, discharged, released, or dissolved, then destroy. Mechanics Liens A. Information includes name of defendant, name of plaintiff, description of lien, recording date and time, book numbers and page number.
Retention: 10 years after final judgment to execute the lien, discharge, release or dissolution has been entered upon the registry, then destroy. Overview and Summary S. The amount collected must be noted on the instrument prior to photocopying, microfilming, or scanning. State fees are to be remitted to the State. County fees are to be deposited into the general fund of the County.
State payment is to be remitted to:. Recording instruments without meeting the prescribed requirements may carry penalties pursuant to S. The fair market value of the realty may be used to determine the fair market value of the consideration. A deduction from value is allowed for any encumbrance that remains on the property after the transfer.
The fair market value determined for County tax purposes may be used to determine fair market value for deed recording fee purposes. Exempted from the fee imposed by this chapter are deeds: 1 transferring realty in which the value of the realty, as defined in S.
No comments:
Post a Comment