South Carolina Warranty Deed
A South Carolina warranty deed guarantees clear title and defends the buyer. Section 27-7-10 codifies the warrant-and-defend covenant. Review available.
Introduction
South Carolina builds its warranty into a single statutory form: the release in Section 27-7-10 carries a covenant binding the grantor and their heirs to warrant and forever defend the premises against every person whomsoever lawfully claiming, and Section 27-7-20 makes that warranty clause optional. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. South Carolina is one of the states that actually codifies the warranty. The statutory release form in Section 27-7-10 includes a covenant in which the grantor binds themselves and their heirs to warrant and forever defend the premises to the grantee against every person whomsoever lawfully claiming or to claim the same. Section 27-7-20 makes that warranty clause optional, so dropping it produces a non-warranty or quitclaim deed instead. To be effective and recordable, a South Carolina deed must be signed and acknowledged in the presence of two witnesses (Section 27-7-10; Section 30-5-30). You record the signed deed with the Register of Deeds, or the Clerk of Court in counties that do not have one, in the county where the property sits. DocDraft builds your South Carolina deed from your facts, with attorney review available before you record.
Key Things to Know
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A South Carolina warranty deed is the Section 27-7-10 release form with its warrant-and-defend covenant included, binding the grantor to defend title against every person lawfully claiming. Section 27-7-20 makes that clause optional, so dropping it yields a quitclaim deed.
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South Carolina codifies the warranty. The statutory release form in Section 27-7-10 has the grantor bind themselves and their heirs to warrant and forever defend the premises to the grantee against every person whomsoever lawfully claiming or to claim the same. Section 27-7-20 makes that warranty clause optional, so omitting it yields a quitclaim or non-warranty deed.
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A general warranty deed warrants against all title defects, including those that predate the seller. A special or limited warranty deed narrows the same clause to claims arising by, through, or under the seller, and Section 27-7-20 expressly allows varying the warranty language for that purpose.
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You record the signed deed with the Register of Deeds of the county where the property is located, or with the Clerk of Court in the counties that do not have a Register of Deeds (Section 30-5-10). South Carolina follows a race-notice priority rule, so recording promptly protects you against a later buyer without notice (Section 30-7-10).
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South Carolina is a two-witness state. The grantor must sign and acknowledge the deed in the presence of two witnesses, and the deed must then be acknowledged before or probated by an officer, before the Register of Deeds or Clerk of Court can record it (Section 27-7-10; Section 30-5-30). A deed lacking two witnesses is defective.
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South Carolina charges a Deed Recording Fee of 1.85 dollars for each 500 dollars of the property's value, split 1.30 dollars to the state and 0.55 dollars to the county (Section 12-24-10; Section 12-24-90). An affidavit showing the value of the realty must be filed with the deed (Section 12-24-70).
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A warranty deed executed after July 1, 1976 must include a derivation clause in the property description and show the grantee's mailing address (Section 30-5-35). This requirement applies to a warranty deed; only a quitclaim or non-warranty deed is exempt.
Key decisions before you file
Before you file a Warranty Deed in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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South Carolina Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. South Carolina codifies the covenant: the statutory release form in Section 27-7-10 has the grantor bind the grantor and the grantor heirs to warrant and forever defend the premises against every person whomsoever lawfully claiming or to claim the same. Section 27-7-20 makes that warranty clause optional, so dropping it produces a non-warranty or quitclaim deed.
A general warranty deed warrants title against all claims, including defects that predate the grantor. A special or limited warranty deed narrows the Section 27-7-10 clause to claims arising by, through, or under the grantor only. Section 27-7-20 expressly allows a person to insert other clauses or vary the warranty language, so the same statutory release form supports both, as well as a no-warranty quitclaim.
Record the signed, witnessed, and acknowledged deed with the Register of Deeds of the county in which the property is situated, or with the Clerk of Court in the counties that do not have a Register of Deeds (Section 30-5-10). South Carolina follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser without notice (Section 30-7-10). Record promptly to protect your interest.
South Carolina is a two-witness state. The grantor must sign and acknowledge the deed in the presence of two witnesses (Section 27-7-10; Section 30-5-30(B)). To record, the execution must also be acknowledged before, or probated by the affidavit of a subscribing witness taken before, an officer such as a notary. In practice one witness commonly serves as the notary. A deed lacking two witnesses is defective.
South Carolina imposes a Deed Recording Fee of 1.85 dollars for each 500 dollars, or fractional part of 500 dollars, of the realty value (Section 12-24-10), split 1.30 dollars to the state and 0.55 dollars to the county (Section 12-24-90). An affidavit showing the value of the realty must be filed with the deed (Section 12-24-70). Exemptions include a value of 100 dollars or less and transfers between spouses or incident to divorce (Section 12-24-40).
A warranty deed conveying an interest in land executed after July 1, 1976 must include a derivation clause in the property description, stating where the grantor title came from, and must show the grantee mailing address (Section 30-5-35). This requirement applies to a warranty deed; only a quitclaim or non-warranty deed is exempt, so a South Carolina warranty deed should always carry a derivation clause.
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or tax map number). Errors in the legal description, the derivation clause, or in how the grantee takes title are a common and costly source of later title problems, so confirm each against the current recorded deed before signing.
South Carolina is not a community-property state and does not recognize dower, so a married owner can generally convey solely owned real estate without the non-owning spouse joining; confirm how title is held before signing. Choose the deed to match the protection intended: a general warranty deed warrants against all claims, a special warranty deed only against the grantor own acts, and a quitclaim gives no covenants.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. South Carolina codifies both in the same statutory form: Section 27-7-10 supplies a release form with a warrant-and-defend covenant, and Section 27-7-20 says that warranty clause is optional. Include the clause and you have a warranty deed; drop it and you have a non-warranty or quitclaim deed.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. South Carolina codifies that promise in Section 27-7-10, where the grantor binds themselves and their heirs to warrant and forever defend the premises to the grantee, the grantee's heirs and assigns, against the grantor and against every person whomsoever lawfully claiming or to claim the same or any part of it.
South Carolina uses a warranty deed, not a California-style grant deed. Its statutory form in Section 27-7-10 is a release with granting words (granted, bargained, sold and released) and an optional warrant-and-defend covenant. Because Section 27-7-20 lets parties include, narrow, or drop the warranty clause, the same base form produces a general warranty deed, a special or limited warranty deed, or a quitclaim deed depending on the covenant you keep.
You record the signed, witnessed, and acknowledged deed with the Register of Deeds of the county where the property is located, or with the Clerk of Court in the counties that do not have a Register of Deeds (Section 30-5-10). You also file an affidavit of value with the deed (Section 12-24-70). South Carolina follows a race-notice rule, so a deed recorded first generally defeats a later one by a buyer without notice, which is why you should record promptly (Section 30-7-10).
South Carolina does not require an attorney to prepare a deed, though a licensed South Carolina attorney is generally required to supervise the real estate closing and title work in a purchase. Because a deed transfers title and a mistake in the legal description, the covenants, or the derivation clause can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your South Carolina deed from your facts, with attorney review available as an option before you record.
Both. South Carolina is a two-witness state: the grantor must sign and acknowledge the deed in the presence of two witnesses (Section 27-7-10; Section 30-5-30). To record, the execution must also be acknowledged before, or probated by an affidavit taken before, an officer such as a notary. In common practice the grantor signs before two witnesses and one witness serves as the notary, so a South Carolina warranty deed is both witnessed and notarized.
Yes, South Carolina charges a Deed Recording Fee of 1.85 dollars for each 500 dollars of the property's value, split 1.30 dollars to the state and 0.55 dollars to the county (Section 12-24-10; Section 12-24-90). An affidavit showing the value of the realty is filed with the deed (Section 12-24-70). Exemptions include a value of 100 dollars or less, transfers between spouses or incident to divorce, and certain corrective or quitclaim deeds confirming existing title (Section 12-24-40).
A derivation clause is a short statement of where the grantor's title came from, typically the prior deed's book and page and the recording date. South Carolina requires a derivation clause in the property description of any deed conveying an interest in land executed after July 1, 1976, along with the grantee's mailing address (Section 30-5-35). The requirement applies to a warranty deed; only a quitclaim or non-warranty deed is exempt, so a South Carolina warranty deed should always carry one.