A South Carolina special warranty deed allows a real estate owner (the grantor) to convey their property and provide a warranty that there are no other claims to the title from when they held ownership. Under this type of deed, the grantor also agrees to settle any unexpected third-party claims (e.g., liens, overdue taxes, etc.) if they were made while they held the title, but not if they were made under another owner. The language in the deed form also provides assurances that the grantor does in fact have the right to transfer their interest to another party.
Before finalizing a real estate transaction with a special warranty deed, it is advisable for the buyer (the grantee) to verify a title’s condition by performing a title search. A title search is when the grantee (or another party on their behalf) searches through the Register of Deeds’ public records to see whether unresolved claims exist on the title.
- Statutes: Title 27 (Property and Conveyances)
- Formatting: No state-wide formatting standards; counties may have local requirements (see Greenville County).
- Signing Requirements (§ 27-7-10 and § 30-5-30): Notary Public and Two (2) Witnesses. One of the witnesses may be the notary.
- Where to record: County Registers of Deeds
- Recording fees (§ 8-21-310(1)): $15
- Affidavit for Taxable or Exempt Transfers: Required by the court clerk/register of deeds for deed filings (§ 12-24-70).