South Carolina Rejection of Acceptance of Releases

State:
Multi-State
Control #:
US-OG-393
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Lessors are executing this Rejection of Acceptance as notice that the Releases executed and filed of record by the Lessees are not accepted, are deemed void, of no force and effect, and Lessors deem each of the Lessees to continue to own an undivided interest in the Lease, (as if the Releases had never been executed and recorded), as their interests appear of record.


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FAQ

The squatter must live on the property for an uninterrupted period of 10 years or more to claim adverse possession (SC Code § 15-67-210). The squatter can possess the property and for 20 years (§ 15-3-1) or possess the property with color of title while paying taxes for 10 years (§ 15-3-15) to claim ownership.

If the named defendants contest the claims, they must produce evidence at trial showing that their title to the property is superior to the plaintiff's title. At the end of the trial, the court issues a written order which quiets title in the name of the prevailing party.

Code § 15-67-10. A quiet title action will determine the rights of all parties claiming an interest in the property, clarifying ownership through a court of law.

Section 15-67-610 may be used to remove a person from the premises when there is no landlord/tenant relationship.

While the law is a little unclear, it is generally recognized in South Carolina that if a person who is owed money (also called a judgment creditor) does not begin court action to execute the judgment within 10 years from the date the judgment is entered, then the judgment will be deemed to have expired.

To validly adversely possess a property you must openly, obviously, and actually be on the land treating it as your own, as well as exclusively and continuously for as many years as is required by state law. In South Carolina, the time period is 10 years.

A right of first refusal is a restraint against alienation. In South Carolina, restraints against alienation that are unreasonable are unenforceable. On one end of the spectrum, an absolute prohibition against selling land is unenforceable. On the other hand, certain restraints may be enforced if properly drafted.

The Real Estate Offer Rejection Form is promulgated by the South Carolina Real Estate Commission. The Real Estate Offer Rejection Form is only required when an offer is rejected outright. If a counter-offer is made, this form isn't required.

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South Carolina Rejection of Acceptance of Releases