Recording a deed in Lexington County, South Carolina

Recording a deed in Lexington County

Deeds affecting property in Lexington County, South Carolina are recorded with the Register of Deeds. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording prerequisites the office applies come from S.C. Code Ann. §§ 30-5-30 (witnesses and acknowledgment or probate) and 30-5-35 (derivation clause and grantee's address), the deed recording fee affidavit in § 12-24-70, and the fee schedule in § 8-21-310. Section 30-7-10 is what makes recording protect you against later buyers and creditors. Deeds themselves are governed by S.C. Code Ann. § 27-7-10.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• Signatures from 2 witnesses, which South Carolina requires. The notary can be one of them.
• A completed Affidavit for Taxable or Exempt Transfers, signed before a notary, stating the value or the exemption that applies (S.C. Code § 12-24-70). The register files it separately from the deed.
• Payment for the recording fee, $15 per document. Many offices do not take personal checks.

Formatting

• South Carolina has no statewide margin statute, and counties differ. Greenville asks for a 1.5-inch margin at the top and bottom of every page for the recording stamp, Spartanburg for margins of at least 1.5 inches, and Richland for clear space at the top or bottom for its label. Deedly formats every South Carolina deed to the strictest of these: a 3-inch clear space at the top of page one and 1.5-inch margins on every other edge, printed in black.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch clear space at the top of page one for the recording stamp, 1.5-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the Register of Deeds in Lexington. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingTitle companies, attorneys, and other approved submitters file electronically through services such as Simplifile, CSC, or ePN. Some offices accept filings from the public through those services; check the office's website. If you prepared the deed yourself, in person or by mail is usually simpler.