South Carolina Cancellation of Erroneous Deed is a legal process aimed at rectifying a mistake or error made in transferring ownership of real property. This procedure allows individuals or entities to restore the title to its correct state when an erroneous deed has been recorded. The South Carolina Cancellation of Erroneous Deed can be categorized into two types, namely voluntary cancellation and judicial cancellation. In voluntary cancellation, the parties involved in the erroneous deed voluntarily agree to cancel it and rectify the mistake. This type of cancellation typically occurs when both the granter (the person who made the mistake) and the grantee (the person who received the erroneous deed) mutually acknowledge the error and wish to correct it through a voluntary cancellation process. On the other hand, judicial cancellation involves seeking legal intervention through a court order to cancel the erroneous deed. This type of cancellation is usually sought when the parties cannot reach an agreement or when there might be disputes or conflicts over the cancellation of the deed. The court will assess the evidence and make a decision based on the merits of the case. The South Carolina Cancellation of Erroneous Deed process requires several steps to ensure that the cancellation is done correctly. The party seeking the cancellation must file a petition with the court, outlining the reasons for the cancellation and providing all relevant details about the error. This petition should also include supporting evidence, such as documentation and affidavits, to strengthen the case for cancellation. It is crucial to note that South Carolina law imposes a statute of limitations on filing a cancellation of erroneous deed. Typically, the party seeking cancellation must initiate the process within ten years from the date the erroneous deed was recorded. Failure to meet this deadline may impede the cancellation process. Once the court receives the petition, it will review the evidence, hear any necessary testimonies, and render a decision. If the court determines that the cancellation is warranted, it will issue an order officially canceling the erroneous deed. The canceled deed will then be removed from the public records, allowing the property title to be restored to its correct state. In conclusion, the South Carolina Cancellation of Erroneous Deed is a legal procedure designed to rectify errors made in transferring property ownership. It can be pursued through voluntary or judicial means, depending on the circumstances of the case. If you find yourself in a situation where an erroneous deed has been recorded in South Carolina, it is advisable to consult with a qualified attorney to guide you through the cancellation process and ensure a successful outcome.