South Carolina Gift Deed of Mineral Interest with No Warranty
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How to fill out Gift Deed Of Mineral Interest With No Warranty?
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FAQ
Along with vesting the property with the new owner and defining the warranty, a general warranty deed must satisfy South Carolina's general requirements for a valid conveyance. All South Carolina deeds must include the current owner's signature?acknowledged before a notary?and signatures of two witnesses.
Gift Deed or Warranty Deed? Words Have Consequences. Generally, in an unambiguous deed, parol evidence cannot be used to ascertain the intent of the parties, so a warranty deed will be held to be a purchase and not a gift, and gift deed will be a gift. Parol evidence will not be received to contradict the instrument.
The transfer tax is a percentage of the appraised value of the property or the sale price. In South Carolina, you have a combined state and local transfer tax of 0.37% on the sale price (or $1.85 for every $500).
In South Carolina, the grantor must sign the deed in front of two witnesses and in the presence of an individual authorized by the state to administer an oath. Record the completed deed at the local county Recorder's office, along with an Affidavit of True Consideration (S.C. Code Ann.
In South Carolina, a quit claim deed is a real property deed that only transfers interest in the property to the grantor who has a title. Unlike a warranty deed, a South Carolina quit claim deed does not guarantee good title to the property.
Preparation & Execution MUST be completed prior to attempting to record the document in the Register of Deeds. Please note: South Carolina is an Attorney State when it comes to Deed preparation. Any preparation by an individual is considered an unauthorized practice of law.
The prior owner conveying the property is primarily responsible for payment, and the new owner is secondarily responsible. The deed-recording fee rate is $1.85 for each $500.00 of the real estate's value.
New Owners Fill out a Transfer of Ownership form. This form must include the previous owner's signature as well as a notary signature. Send to the Division immediately.
