(A133, R148, H3608)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 12-39-260, RELATING TO RECORDS OF SALES OR CONVEYANCES AND RESULTING CHANGES IN DUPLICATES AND ENDORSEMENT OF DEEDS BY AUDITORS, SO AS TO PROVIDE GUIDELINES FOR THE RECORDS OF COUNTY REAL PROPERTY SALES AND TO REMOVE COUNTY AUDITOR FEES; BY AMENDING SECTION 30-5-120, RELATING TO THE VALIDATION OF CERTAIN CONVEYANCES NOT ENDORSED BY A COUNTY AUDITOR, SO AS TO PROVIDE THAT ANY CONVEYANCE MEETING THE STATUTORY PREREQUISITES FOR RECORDING ARE VALID AND BINDING; BY REPEALING SECTION 30-5-80 RELATING TO THE REQUIREMENT OF THE AUDITOR'S ENDORSEMENT BEFORE THE RECORDATION OF DEEDS; AND BY REPEALING SECTION 8-21-130 RELATING TO FEES COLLECTED BY COUNTY AUDITORS FOR AN ENDORSEMENT ON A DEED.

Be it enacted by the General Assembly of the State of South Carolina:

Record of sales of real property

SECTION 1.    Section 12-39-260(A) of the S.C. Code is amended to read:

(A) Each county auditor may keep a record of all sales or conveyances of real property made in the county, in which he shall enter, in columns, the names of the purchaser and seller, the quantity of land conveyed and the location and price of such land, and from such record he shall correct the county duplicates annually. For the purpose of carrying out this provision, provided the county auditor chooses to keep a record of all sales or conveyances of real property made in the county, the clerk of courts or register of deeds of each county may have the endorsement of the county auditor on each deed of conveyance for real property either before or after recording.

Valid and binding recordation

SECTION 2.    Section 30-5-120 of the S.C. Code is amended to read:

Section 30-5-120.    (A)    All conveyances of real estate which were recorded by a clerk of court or register of deeds of any of the several counties between December 14, 1876, and May 1, 1882, without the endorsement of the auditor of the county, have heretofore been declared to be as valid and binding, to all intents and purposes, as if such conveyances had been endorsed by the auditor of the county, as required by law.

(B)    All conveyances of real estate that were recorded by a clerk of court or register of deeds of any county that meet the prerequisite recording requirements established by Section 30-5-20, but are without the endorsement of the county auditor, are valid and binding.

Repeal

SECTION 3.    Section 30-5-80 of the S.C. Code is repealed.

Repeal

SECTION 4.    Section 8-21-130 of the S.C. Code is repealed.

Time effective

SECTION 5.    This act takes effect upon approval by the Governor.

Ratified the 8th day of May, 2024.

Approved the 13th day of May, 2024.

This web page was last updated on June 24, 2024 at 4:31 PM