3.2 Property Ownership in South Carolina

Key Takeaways

  • South Carolina recognizes fee simple, life estates, and leasehold estates, plus tenancy in common and joint tenancy with right of survivorship.
  • South Carolina does NOT recognize tenancy by the entirety; it was abolished after the Married Women's Property Act and the joint-tenancy statute confirms this.
  • If a deed does not specify the form of co-ownership, South Carolina presumes tenancy in common (no survivorship).
  • South Carolina is a lien-theory state using mortgages and judicial foreclosure; the borrower keeps title.
  • The state deed recording fee is $1.85 per $500 of value ($1.30 state + $0.55 county), recorded with the county Register of Deeds.
Last updated: June 2026

Estates in Land

An estate describes the degree, quantity, and duration of a person's interest in real property.

Freehold Estates

EstateDurationKey feature
Fee simple absoluteIndefinite, foreverLargest bundle of rights; freely sold, gifted, willed, or inherited
Fee simple defeasibleIndefinite but conditionalEnds or may end if a stated condition is violated (e.g., "so long as used as a church")
Life estateMeasured by a lifeHolder is the life tenant; property passes to the remainderman at death

A life tenant may use and profit from the property but may not commit waste (acts that permanently damage the value owed to the remainderman). A life estate pur autre vie is measured by the life of someone other than the holder.

Leasehold (Non-Freehold) Estates

TypeDescription
Estate for yearsFixed term with a definite start and end; no notice needed to end
Periodic tenancyAutomatically renews (month-to-month) until proper notice
Tenancy at willNo fixed term; either party may end with notice
Tenancy at sufferanceA holdover tenant remaining after the lease ends without consent

Concurrent Ownership in South Carolina

South Carolina recognizes two principal co-ownership forms. Critically, South Carolina does NOT recognize tenancy by the entirety - it was valid only until the Married Women's Property Act, and the state's joint-tenancy statute (S.C. Code Ann. Sec. 27-7-40) expressly states it does not create a tenancy by the entirety.

FormSharesRight of survivorshipDefault?
Tenancy in commonEqual or unequalNo - share passes to heirs/willYes - presumed if the deed is silent
Joint tenancy w/ right of survivorshipEqualYes - survivor takes the deceased's shareOnly if the deed clearly creates it

Trap: If a deed does not specify, South Carolina presumes tenancy in common, NOT survivorship. To create survivorship, the deed must use clear statutory language. South Carolina also recognizes a hybrid "tenants in common with right of survivorship."

Deeds and Their Elements

A deed is the written instrument that conveys title from the grantor (seller) to the grantee (buyer). A deed must be delivered and accepted to be effective; recording is not required for validity between the parties but is essential for priority and notice.

Deed typeWarranty protection
General warranty deedMost protection - grantor warrants against ALL defects, even those predating ownership
Special (limited) warranty deedWarrants only against defects arising during the grantor's ownership
Quitclaim deedNo warranties - conveys only whatever interest the grantor has, if any

Note: A deed of trust and a mortgage are security instruments used to secure a loan, not conveyance deeds; in South Carolina the code treats a deed of trust the same as a mortgage.

Required Elements of a Valid Deed

ElementRequirement
Competent grantorOf legal age and sound mind
Identifiable granteeNamed with reasonable certainty
Recital of considerationStated, even if nominal
Granting clauseWords of conveyance ("grant, bargain, sell")
Legal descriptionAccurate; metes-and-bounds, lot/block, or government survey
Grantor's signatureSigned (grantee need not sign); witnessed/probated for recording
Delivery and acceptanceMust be delivered to and accepted by the grantee

Lien Theory, Mortgages, and Recording

South Carolina is a lien-theory state - in fact the first U.S. state to adopt it (1791). The borrower retains legal title; the lender holds only a lien. Because the lender lacks title, default requires a judicial foreclosure through the courts, not a quick power-of-sale.

Documents are recorded with the county Register of Deeds (ROD). South Carolina follows a race-notice rule: a later buyer who takes without notice of a prior unrecorded interest and records first generally prevails. Recording provides constructive notice to the world.

Deed Recording Fee (Transfer Tax)

ComponentRate
State portion$1.30 per $500 of value
County portion$0.55 per $500 of value
Combined$1.85 per $500 of value

Example: A $300,000 sale = 600 units of $500 x $1.85 = $1,110 deed recording fee, customarily paid by the grantor (seller).

Encumbrances and Title Protection

EncumbranceDescription
LiensMoney claims: mortgages, judgment liens, property-tax liens, mechanic's liens
EasementsA right to use another's land (e.g., utility easement, easement appurtenant)
Deed restrictions / covenantsPrivate limits on use, often via an HOA
EncroachmentA physical structure intruding onto adjoining land

Title insurance protects against undiscovered defects: an owner's policy protects the buyer; a lender's policy protects the mortgagee. South Carolina closings are typically handled by attorneys (attorney-supervised closing), and title insurance is standard.

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Concurrent Ownership Types in South Carolina
Test Your Knowledge

Two unmarried siblings take title to a South Carolina property, but the deed does not specify the form of co-ownership. What form is presumed?

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Test Your Knowledge

Which statement about tenancy by the entirety in South Carolina is correct?

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D
Test Your Knowledge

Because South Carolina is a lien-theory state, what is generally required for a lender to take a property after a borrower defaults?

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B
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D
Test Your Knowledge

What is the total South Carolina deed recording fee on real property value, and who customarily pays it?

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D