In South Carolina, a valid deed transferring real property must meet several specific requirements to be legally effective between the grantor and grantee. Which of the following is NOT a required element for a deed to be valid and operative as a conveyance under South Carolina law?
Correct Answer
A) The deed must be recorded in the county register of deeds to be valid between the parties
Recording is NOT required for a deed to be valid and effective between the grantor and grantee in South Carolina. Under South Carolina law, a deed is operative as a conveyance upon proper execution and delivery to the grantee. Recording under the SC recording statutes (S.C. Code Ann. §§ 30-7-10 et seq.) is required to protect the grantee's interest against subsequent bona fide purchasers and creditors — it provides constructive notice to third parties — but the deed is legally binding between the original parties without recordation.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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