Lawyers, Answer Questions  & Get Points Log In
South Carolina Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law and Banking for South Carolina on
Q: Horry County. I have a HELOC on my home. I changed my name back to my maiden name, want the title to match. How to doit

I was told that if I change my name on the deed it would "trigger" my Heloc to come due and I would have to refinance. This makes no sense to me as I am still the owner and the bank has my maiden name on everything. Is this correct or can I just go into Horry County and have it... Read more »

0 Answers | Asked in Real Estate Law and Landlord - Tenant for South Carolina on
Q: I reside in South Carolina my landlord says they cannot stop this eviction even if I pay. I am 1 month behind,

I have been living in this unit for 3 years and during covid they tried to evict me 2 times, now this is the 3rd time and the landlord says they cannot stop it even if i pay in full. is that accurate?

Q: City water claiming not liable for damage from sewage backup in SC after unknown cable company drilled into. Sue or no?

Charleston water system was fixing a broken sewage main that was before it branched to mine and neighbors home. They had called, not I, and no one notified me they were fixing it. Sewage then backed up into my home causing 3k in damagesafter they "blew it out." City water insurance is... Read more »

0 Answers | Asked in Insurance Bad Faith and Real Estate Law for South Carolina on
Q: Does my real estate lawyer or real estate agent have to disclose to me if the property i am buying has a ROFR on it?

They both knew that it had a ROFR holder on the property. Along with the seller the sellers realtor and her real estate lawyer all knew about it but never told us. We purchased title insurance to cover the bank and one for our personel safety from our real estate lawyer who is also an agent for... Read more »

0 Answers | Asked in Insurance Bad Faith, Intellectual Property and Real Estate Law for South Carolina on
Q: Bought some property in Aiken county sc that had a ROFR holder but was never disclosed to buyer

Had our own real estate agent had our own real estate lawyer not to mention the seller the sellers lawyer and sellers realtor. No one disclosed to us that it had a ROFR HOLDER on the property. Both lawyers and both real estate agents and the seller all knew about it. Bought 2 title insurance... Read more »

0 Answers | Asked in Copyright and Real Estate Law for South Carolina on
Q: If you have a continuation for a case involving a property would a judge order a prejudgement for impossession after tha

Court was Aug 25,2022 and then prejudgement filed September 2,2022. Continuation date is October 24,2022.

1 Answer | Asked in Real Estate Law and Probate for South Carolina on
Q: On a deed there's a notation saying that 2 other people didn't sign the deed but are listed as heirs. Explain please.

On the deed one person signed but 2 of her siblings were listed as heirs but did not sign the deed. Do the siblings have claim to that land?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 22, 2022

You will need a competent SC attorney to read the Deed, and search the Title. But you probably were only conveyed the one signing grantor's interest, so that you are a Tenant In Common with the other Heirs. An Heirship Determination may be in order to see who has Title. Hopefully you did... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: In South Carolina, can I use a North Carolina attorney to prepare/write a real estate deed?

My grandfather passed away and my grandmother needs a new deed with my grandfather removed to purchase new home insurance.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 31, 2022

Yes the NC attorney can draft a Deed. But I doubt Grandmother will be getting a new Deed, as survivorship probably determines Title here. You at least need an attorney to review the present Title if not search it.

1 Answer | Asked in Consumer Law, Estate Planning, Real Estate Law and Tax Law for South Carolina on
Q: Is it possible to reverse a sale of a delinquent tax sale of a dead person's property(unnotified heirs)

Property was sold with out notification to heirs living on the property

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 18, 2022

Consult with a competent SC attorney to exercise your Redemption Rights quickly if you still have them. Time is of the essence. It will take money, or forget it as someone should have paid those Taxes.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: We bought property in SC and the neighbor beside us using our property as an easement to their house

The neighbors have a driveway to their property on the backside of their house. The easement is not granted in the deed. How do we go about keeping them from using the driveway that is on our property?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

You need a SC attorney to search both Titles. The adjacent owner may have a Prescriptive Use Easement or an Easement By Implication, which might be provable in Court.

2 Answers | Asked in Real Estate Law for South Carolina on
Q: Man dies in MI. owns land worth $4,000 in SC does land auto go to spouse or has to file probate. His estate under $20k

A man passed in Michigan where he and his wife were living at that time. He and his wife own land in SC worth $4,000. Does the land automatically go to her without filing probate in MI? His entire estate was less than $20,000.

The wife is trying to sell the land in SC but this issue arose... Read more »

Trent Harris
Trent Harris
answered on May 16, 2022

This is a question that depends on South Carolina law. A Michigan probate court does not have jurisdiction to decide matters regarding real estate located outside the State of Michigan. Other states could have a statute though that allows South Carolina to recognize ancillary probate proceedings... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: My partner is an executor of his father’s estate, which has a mortgage being paid by grandparents.

His grandfather is paying a mortgage on the house my partner inherited, and he is threatening to foreclose on the home. What rights does my partner have? Will we be forced into homelessness with no further say in the matter?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 2, 2022

Whoever owns the mortgage is the one the that can foreclose. If the notemaker buys the note, then he can foreclose. It sounds like he is threatening to quit paying the note. Being the executor probably has no relevancy here.

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for South Carolina on
Q: Do we have any rights as a renter for what we considered false advertisement?

We rented a home with a dock on the inlet for the sole purpose of fishing and water activities but when we arrived, the dock had been torn down and under construction. There is no access to the water due to the construction material along the entire inlet wall. No communication was made to us... Read more »

D. Nathan Davis
D. Nathan Davis
answered on Apr 18, 2022

The short answer is probably yes. If a property is held out to you as including a dock, you have the right to be compensated if the amenity was not available to use. Of course, you will have to prove the difference in the value of the property with the amenity and without the amenity.... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law, Family Law and Probate for South Carolina on
Q: Can a homeowner file Chapt 7 the day before his home is auctioned off at the courthouse?

The home is a probate estate home, whereas the tenant is the son (Executor) and heir. The home was willed to the son, but he says that the mrtg lender told him he has no rights to the home because he is not on the deed. Is this true?

Timothy Denison
Timothy Denison
answered on Apr 5, 2022

Yes. They can file the day before the auction. If the property was willed to the heir, then the heir has an ownership Interest in the property.

View More Answers

1 Answer | Asked in Real Estate Law for South Carolina on
Q: i bought an acre of land with a small amount of cash with a quit deed two years ago. there was no one present but me and

the seller. the deed was only signed by me and the seller there was no lawyer or notary present and i never recorded the deed. is it still valid? or did i get screwed?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 16, 2022

You need to hire a SC attorney to examine your Deed and perform a title search, basically to see if you are the owner. Have you paid taxes? Hopefully you will need to record the Deed and pay property taxes. Otherwise you may only have a claim under color of title.

1 Answer | Asked in Consumer Law, Estate Planning, Land Use & Zoning and Real Estate Law for South Carolina on
Q: can you QuitClaim Deed property to Trust? & if the lender wants pay-in-full but you have nothing else of value left...

what happens when you do a QuitClaim Deed of property over to a Private Common Law Irrevocable Ecclesiastic Trust? If the person’s name is on the recorded Deed as owner… meaning legal owner of the property, having a legal interest in the property referring to the right to possess or use... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 15, 2021

Transferring property to a trust does not magically remove security interests. If the loan goes into default due to lack of payment, the lender may foreclose its lien.

1 Answer | Asked in Family Law, Real Estate Law, Insurance Defense and Municipal Law for South Carolina on
Q: What type of liability insurance is needed for a home child care center?
Tim Akpinar
Tim Akpinar
answered on Dec 7, 2021

A South Carolina attorney could advise best, but your question remains open for four weeks. You could also consider discussing this with an insurance agent who has experience with commercial policies for these types of operations. That way you could identify the risks you need to be protected... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: My ex boyfriend and I purchased land in cash and I’d like him to buy me out but he’s refusing, can I force sale?

He’s become petty and hinting that he can have my name removed from the deed without my consent, though ownership is 50/50. I’d like to sever ties and he can afford the buyout. Also, he has the only deed in his possession. Any advice is appreciated. Thank you

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 28, 2021

Deed should be recorded at the Courthouse. You could hire a competent SC attorney to file an action for a Sale For Partition, if you are actually a titled owner.

1 Answer | Asked in Real Estate Law for South Carolina on
Q: In SC do I have to have a lawyer to transfer a deed of land over to a family member
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 4, 2021

If the land has any actual value then hire a competent SC lawyer to draft the Deed. It is not a simple task and a mistake could be catastrophic.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for South Carolina on
Q: We sold 3 lands, sign a sell agreement and get payed. now the buyer wants to back up the deal beuse he say thye land has
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 30, 2021

Not sure of your question. But if there was a breach of warranties on the Warranty Deed, or some type of dislosure fraud, then a cause of action may exist. It is up to the buyer, now owner, to sue you. If there has not been a Deed executed yet, then read your Contract about each Parties'... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.