Could Greenville record sworn affidavits saying neighboring land had long been used as a farm?

Plain-English summary

Greenville County’s register of deeds asked whether certain “Sworn Affidavits” should be recorded. They said a property had been used as a farm and that the signers had lived nearby for a number of years. The AG concluded that these statements did not concern title to the land and therefore did not qualify for recording under the statute he examined.

Because the documents were not recordable, the AG did not answer the follow-up questions about deed-index placement or whether probate or acknowledgment would be required.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Was a statement that land had been used as a farm enough for recording?
No. The AG found that these affidavits did not concern title to the land.

Did the affiant’s nearby residence make the document recordable?
No. The opinion described the residence statement but still found no title-related basis for recording.

How should the register index these affidavits?
The AG did not reach that question because he concluded that the submitted documents were not entitled to recording.

Background and statutory framework

The letter applied § 30-5-90, which directed the register to record enumerated writings and other writings concerning titles to land. It treated the content of the actual submitted affidavits as outside that category.

Citations and references

The original text says “none of the affidavits are relevant to the matter of the title to the land.”

Official title

Questioned whether particular “Sworn Affidavits”, copies of which you forwarded with your letter, should be recorded in the Register of Deeds office.

Requester

The Honorable Timothy L. Nanney, Register of Deeds, Greenville County

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-13-2005/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/05apr13nanney.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER
ATTORNEY GENERAL

April 13,2005

The Honorable Timothy L. Nanney
Register of Deeds, Greenville County
County Square
301 University Ridge, Suite 1300
Greenville, South Carolina 29601
Dear Mr. Nanney:
In a letter to this office you questioned whether particular "Sworn Affidavits", copies of which you forwarded with your letter, should be recorded in the Register of Deeds office. You further questioned whether if such documents are recordable, would they be recorded in the Deed Index under the name of the party that signed the affidavit and would they require a probate or acknowledgment. I

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A prior opinion of this office dated January 20, 1982 indicated that " ... the process of recording is 'purely the creation of the statute law, and therefore [is] subject to such variety as to form, methods, etc. as to the legislative mind seems best." S.C. Code Ann. §30-5-90 (Supp. 2004) provides that The register of deeds is required to record in the order of the times at which they may be brought to his office, all marriage settlements and all conveyances and mortgages, renunciations of dower and other writings concerning the titles to lands situate in his county which may be lodged with him to be recorded if the execution of any such writing shall be proved by affidavit of a subscribing witness, or otherwise as herein provided. (emphasis added). I am unaware of any other statute applicable to the matter of the eligibility of these documents for recording. Each of the documents you forwarded, which are entitled "Sworn Affidavit", simply state that the referenced property "has been used as a farm with various farm animals ... and remains a farm today." A statement is also made that the affiant's personal residence has been "next to the above mentioned property" for a designated number of years. Based upon my review, none of the affidavits are relevant to the matter of the title to the land and, therefore, pursuant to Section 30-5-90 have no basis entitling them to being recorded in the Office of the Register of Deeds. Inasmuch as the

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DENNIS BUil.DING

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POST OFFICE Box I 1549

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COLUMBIA, S.C. 29211-1549

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TELEPHONE: 803-734-3970

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FACSIMILE: 803-253-6283

The Honorable Timothy L. Nanney
Page2
April 13, 2005

documents are not entitled to be recorded, further review of your questions dealing with how they would be recorded and whether they would require a probate or acknowledgment appears unnecessary.

If there are any questions, please advise.
Sincerely,

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Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

Robert D. Cook
Assistant Deputy Attorney General