South Carolina special warranty deed
Here is what South Carolina actually requires on a special warranty deed. The witness rules, the notary block, the margins, the forms that have to travel with it, and where to record it, plus what the deed does and does not do.
- Recording office
- Register of Deeds (or Clerk of Court)
- Witnesses
- 2 + notary
- Transfer tax
- $1.85 per $500 of value
- First-page margin
- 3″ top
- Recording fee
- ~$15 first page
- E-recording
- Generally available
What a special warranty deed does in South Carolina
A special warranty deed, also called a limited warranty deed or a covenant deed in some states and a grant deed in California, sits between a quitclaim and a general warranty deed. The grantor promises they did nothing during their own ownership to damage the title, and nothing more. Anything that happened before they bought the property is the buyer's risk. Estates, trustees, banks, and builders use it almost exclusively.
When South Carolina homeowners use a special warranty deed
- Sell a property you inherited or hold as trustee
- Convey a property you have owned only briefly
- Transfer commercial or investment property
- Give a buyer more protection than a quitclaim without accepting unlimited exposure
What South Carolina requires on the deed
These are the execution and formatting rules registers of deeds enforce. Getting any of them wrong is the usual reason a deed comes back in the mail.
| Requirement | What South Carolina says |
|---|---|
| Recording office | Register of Deeds (or Clerk of Court) |
| Notarization | Required. Every signature must be made in the notary's presence. |
| Witnesses | 2 witnesses in addition to the notary. |
| Legal description | Required, copied exactly from the prior recorded deed. A street address is not sufficient. |
| Grantee's address | Must appear on the face of the deed. |
| Return address | A 'when recorded, return to' block is required. |
| Preparer statement | Not required, but customary. |
| Prior deed reference | Not required, though it keeps the chain of title clean. |
| Page setup | 8.5 × 11 in, 3-inch top margin on the first page, 1-inch elsewhere, 10pt minimum type. |
| Accompanying form | Affidavit for Taxable or Exempt Transfers |
South Carolina requires 2 witnesses
South Carolina requires two witnesses to the grantor's signature in addition to the notarial acknowledgment (S.C. Code Ann. § 30-5-30). The notary may serve as one witness, but a second is still required.
How to complete and record it in South Carolina
- Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds (or Clerk of Court) can provide one, usually for a few dollars.
- Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
- Complete the deedDeedly builds it with South Carolina's statutory language, the correct notary block, and the 3-inch first-page margin registers of deeds expect.
- Sign in front of a notaryBring photo ID and 2 witnesses. Do not sign in advance. Every signature has to be made in the notary's presence.
- Complete Affidavit for Taxable or Exempt TransfersSouth Carolina requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
- Record it with the Register of Deeds (or Clerk of Court)File in the county where the property is located and pay the recording fee. Most offices in this state also accept e-recording, which is usually same-day. Keep the stamped receipt. It fixes your priority date.
- Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.
What it costs in South Carolina
| Cost | Typical amount |
|---|---|
| Recording fee | About $15 for the first page |
| Transfer tax | Deed recording fee: $1.85 per $500 of value ($1.30 state + $0.55 county) |
| Notary | Typically $5–$25 per signature; often free at your bank |
| Deedly | $69, one time |
| Attorney (for comparison) | $300–$1,200 for the same statutory document |
South Carolina charges a deed recording fee of $1.85 per $500 of value ($1.30 state + $0.55 county). It is customarily paid by the grantor.
Exemptions that commonly apply to a transfer like this: transfers between spouses, gifts with no consideration, transfers to or from a revocable trust, and transfers between family members where no consideration passes. You have to claim the exemption. The recorder won't apply it for you.
Where to record it in South Carolina
South Carolina deeds are recorded with the Register of Deeds (or Clerk of Court) in the county where the property sits, not where you live. There are 46 counties in South Carolina.
Most South Carolina recording offices accept e-recording through vendors such as Simplifile, CSC, or ePN, which is usually same-day. Check your county's website for the list it works with.
Recording offices we cover in South Carolina: Greenville, Richland, Charleston, Horry, Spartanburg, Lexington, York, Berkeley. See all South Carolina recording offices.
What a special warranty deed does NOT do
Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.
- Defects that predate your ownership are not covered. The buyer bears that risk.
- It does not substitute for a title search or an owner's title insurance policy.
- It transfers ownership immediately and cannot be revoked.
- Some purchase contracts specifically require a general warranty deed; check yours before using this one.
Quirks of South Carolina law that catch people out
- South Carolina requires TWO witnesses to the grantor's signature in addition to the notary. This trips up most out-of-state DIY forms.
- An affidavit stating the value, or the exemption, must be attached to every deed.
- South Carolina abolished tenancy by the entirety.
- South Carolina does not recognize transfer-on-death deeds.
How to hold title in South Carolina
When two or more people take title in South Carolina and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in South Carolina: joint tenancy with right of survivorship and tenancy in common.
$69, one time. Your finished deed appears in full before you pay, with South Carolina's witness rules, margins, and recording instructions already applied.
Common questions
No. South Carolina has no requirement that an attorney prepare a deed. What matters is the correct statutory language, an accurate legal description, proper notarization and 2 witnesses, and recording with the Register of Deeds (or Clerk of Court). Deedly produces all of that for $69, versus roughly $300–$1,200 for an attorney to draft the same document. If ownership is disputed, the current owner has died without probate, or the transfer is tax-sensitive, use an attorney.
Expect around $15 for the first page. South Carolina also charges deed recording fee of $1.85 per $500 of value ($1.30 state + $0.55 county), though gifts and family transfers are often exempt. Typical figure. Counties set their own fees. Confirm with your recorder before mailing.
Yes. South Carolina requires two witnesses to the grantor's signature in addition to the notarial acknowledgment (S.C. Code Ann. § 30-5-30). The notary may serve as one witness, but a second is still required.
With the Register of Deeds (or Clerk of Court) in the county where the property is located, not where you live, and not where the buyer lives. South Carolina has 46 counties. Most offices also accept e-recording through a submitting service.
No, and this is the single most common misunderstanding about deeds. A deed changes who owns the property. The mortgage is a separate contract with the lender, and only a refinance or a written release from the lender removes a borrower. Someone can be off the deed and still fully liable on the loan.
Keep reading
- South Carolina quitclaim deedTransfers whatever interest you have in a property, with no promises about the title.
- South Carolina general warranty deedTransfers ownership with the strongest title guarantees the law allows.
- South Carolina life estate deedYou keep the right to live in the property for life; named remaindermen own it after you.
- South Carolina gift deedTransfers property to someone as an outright gift, for no payment.
- All deed rules for South CarolinaRecording offices, transfer tax, witness rules, and fees.
- South Carolina recording officesWhere to file in each county.
Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.