Special Warranty Deed (Limited Warranty Deed)

LIMITED WARRANTY DEED

(Special Warranty Deed)

State of South Carolina

Prepared By:
_____________________________________________

After Recording Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Number (TMS):
_____________________________________________

SPACE ABOVE THIS LINE FOR REGISTER OF DEEDS' USE

DOCUMENT INFORMATION

LIMITED WARRANTY DEED

STATE OF SOUTH CAROLINA
COUNTY OF _________________

KNOW ALL MEN BY THESE PRESENTS:

This Limited Warranty Deed is made this _____ day of _________________, 20_____,

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

_____________________________________________
(Name)

of _____________________________________________
(Address)

Marital Status:
☐ An unmarried person
☐ A married person
☐ Husband and wife
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTOR"

Section 1.2 Grantee(s)

_____________________________________________
(Name)

Mailing Address (Required per S.C. Code):
_____________________________________________
_____________________________________________

Vesting:
☐ An unmarried person
☐ A married person
☐ Husband and wife, as tenants in common
☐ Husband and wife, as joint tenants with right of survivorship
☐ As tenants in common
☐ As joint tenants with right of survivorship
☐ A _________________ [entity type], organized under the laws of _________________ [state]

hereinafter called "GRANTEE"

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

WITNESSETH: That the GRANTOR, for and in consideration of the sum of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold, and released, and by these presents does GRANT, BARGAIN, SELL AND RELEASE unto the GRANTEE, and GRANTEE's heirs and assigns forever:

Section 2.2 Legal Description

All that certain piece, parcel, or lot of land, situate, lying, and being in the County of _________________, State of South Carolina, containing _______ acres, more or less, and being more particularly shown and described as follows:

See Exhibit "A" attached hereto and incorporated herein by reference.

Tax Map Number (TMS): _____________________________________________

Property Address: _____________________________________________

Section 2.3 Derivation Clause (Required per S.C. Code § 30-5-35)

This being the same property conveyed to GRANTOR by deed of _________________________ dated _________________, and recorded in the Office of the Register of Deeds for _________________ County in Deed Book _______ at Page _______.

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Limited Warranty

TOGETHER with all and singular the rights, members, hereditaments, and appurtenances to said premises belonging or in anywise incident or appertaining.

TO HAVE AND TO HOLD all and singular the premises before mentioned unto the GRANTEE, GRANTEE's heirs and assigns forever.

And GRANTOR does hereby bind GRANTOR, GRANTOR's heirs, executors, and administrators, to WARRANT AND FOREVER DEFEND all and singular the said premises unto the GRANTEE, GRANTEE's heirs and assigns, against GRANTOR and GRANTOR's heirs, and against every person whomsoever lawfully claiming or to claim the same or any part thereof BY, THROUGH, OR UNDER THE GRANTOR, but against none other.

Section 3.2 Limitation of Warranty

NOTICE: This is a LIMITED WARRANTY DEED (also known as a Special Warranty Deed). The warranties contained herein are LIMITED to claims arising from acts or omissions of the GRANTOR during GRANTOR's period of ownership. This deed does NOT warrant against:

• Defects in title existing prior to GRANTOR's ownership
• Liens or encumbrances created by prior owners
• Claims of persons NOT claiming by, through, or under GRANTOR

Section 3.3 Statutory References

This conveyance is made pursuant to:

• S.C. Code § 30-5-30 (Signing and witnessing requirements)
• S.C. Code § 30-5-35 (Derivation clause requirement)
• S.C. Code § 30-7-10 (Recording requirements)
• S.C. Code § 12-24-10 et seq. (Deed recording fee)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) Ad valorem property taxes for the year 20_____ and thereafter;

(b) All applicable zoning ordinances, building codes, and governmental regulations;

(c) All restrictions, covenants, conditions, easements, rights-of-way, and reservations of record;

(d) All matters disclosed by an accurate survey and inspection of the property;

(e) Rights of tenants or parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: DEED RECORDING FEE

Section 5.1 South Carolina Deed Recording Fee (S.C. Code § 12-24-10 et seq.)

Consideration/Value: $_____________________

Filing Fee: $15.00

☐ This deed is exempt from filing/recording fees per S.C. Code § 12-24-40.

Exemption reason: _____________________________________________

Section 5.2 Affidavit for Taxable or Exempt Transfers (S.C. Code § 12-24-70)

An Affidavit for Taxable or Exempt Transfers indicating the value of the property must be submitted with this deed at recording.

☐ Affidavit attached

ARTICLE VI: EXECUTION

Section 6.1 Witness and Grantor Signatures (Two Witnesses Required - S.C. Code § 30-5-30)

WITNESS(ES):

_____________________________________________
Witness #1 Signature

_____________________________________________
Witness #1 Printed Name

_____________________________________________
Witness #2 Signature / Notary Public

_____________________________________________
Witness #2 Printed Name

GRANTOR(S):

_____________________________________________ (L.S.)
Signature

_____________________________________________
Printed Name

_____________________________________________ (L.S.)
Signature

_____________________________________________
Printed Name

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 South Carolina Acknowledgment (Individual)

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public for South Carolina

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 South Carolina Acknowledgment (Entity)

STATE OF SOUTH CAROLINA
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the _________________________ [title] of _________________________ [entity name], personally appeared before me this day, and being first duly sworn, acknowledged that he/she as such officer, being authorized to do so, executed the foregoing instrument on behalf of said entity by signing the name of the entity by himself/herself as such officer.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public for South Carolina

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

I, the undersigned Notary Public, do hereby certify that _________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

WITNESS my hand and seal this _____ day of _________________, 20_____.

_____________________________________________
Notary Public

_____________________________________________
Printed Name of Notary

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

All that certain piece, parcel, or lot of land situate, lying, and being in _________________ County, South Carolina:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Tax Map Number (TMS): _____________________________________________

SOUTH CAROLINA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (S.C. Code § 12-24-10 et seq.)

South Carolina Transfer Tax

South Carolina does not impose a state deed transfer tax.

The $15.00 filing fee applies to most deed recordings.

Recording Fee Exemptions (S.C. Code § 12-24-40)

Common exemptions from the recording fee include:

• Property value is $100 or less
• Grantee is a governmental entity
• Transfer is part of a business merger/consolidation
• Quitclaim deed to correct title defect/confirm ownership
• Transfer to an electric utility company

Two Witness Requirement

South Carolina REQUIRES TWO (2) WITNESSES for valid deed execution (S.C. Code § 30-5-30):

• Both must sign in presence of Grantor
• One witness may be the Notary Public
• Witness must be competent adult

Derivation Clause Requirement

S.C. Code § 30-5-35 requires a derivation clause showing how Grantor acquired title:

• Prior grantor name
• Date of prior deed
• Recording information (Book/Page)

Important South Carolina Notes

1. Two Witnesses Required: Failure to have two witnesses may render the deed unrecordable.

2. Derivation Clause Required: All deeds must contain a derivation clause (S.C. Code § 30-5-35).

3. Affidavit of Value: Required with deed recording even if exempt.

4. No State Transfer Tax: South Carolina does not impose a deed transfer tax (only recording fees).

5. Title Insurance: Grantees should consider obtaining title insurance.

6. Legal Counsel: Consultation with a licensed South Carolina attorney is recommended.

THIS INSTRUMENT PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone

_____________________________________________
South Carolina Bar Number (if attorney)

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed South Carolina attorney before using this form.