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South Carolina Real Estate Law Questions & Answers
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
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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
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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
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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
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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 »

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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
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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.

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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
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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 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 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
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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 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
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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
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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
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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 »

1 Answer | Asked in Contracts and Real Estate Law for South Carolina on
Q: Does for sale by owner real estate transactions require an attorney in SC?

The buyer wants to have a letter notarized that she will be buying the home and is giving money to the seller to do so. She is unable to complete the entire transaction due to time constraints at the moment and would like to know if the notarized letter will hold up in court.

Anthony M. Avery
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Anthony M. Avery
answered on Aug 30, 2021

It does not sound like the so called buyer is actually buying anything. Land is usually transferred between living bargainors by Deed and there are several statutory requirements for a Deed to be recorded and enforceable. She needs to hire a competent SC attorney and forget about the notarized... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: Is it possible to remove a co-owner on a home?

My mother is a co-owner on my home. The mortgage is paid off, but she does not want to put the deed in only my name. Is there anyway for me to remove her name from the deed and title? She is not and has never lived in the home with me. Also all the utilities are in my name.

Anthony M. Avery
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Anthony M. Avery
answered on Jun 28, 2021

If you cannot get her to agree to give you a Quit Claim Deed, then you may have to hire an attorney to file a Sale For Partition Action.

1 Answer | Asked in Real Estate Law, Bankruptcy and Consumer Law for South Carolina on
Q: I would like to purchase a parcel of land, but 1 of the 2 owners has several judgements against him in the same county.

The property is an empty parcel and not the residence of the debtor. He has only partial interest that does not exceed $5000. I am trying to find out if he can sell without being affected by the judgements. Using info from the S.C. Code 15-41-30, can he sell it and still remain "judgement... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Jun 22, 2021

S.C. Code 15-41-30 refers to the homestead exemption, and you have stated it is not his residence. Therefore, the property is not exempt from creditors. Whether the lien is properly filed is another matter. However, if the lien is valid, then, although the property can still be sold, the lien... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for South Carolina on
Q: How to change the name on a real estate deed of owner passed away over 25 years ago?

Hi, my question is in reference to a home that was given to me by my aunt before she died. The original name on the deed is my uncle who has been deceased for about 25 years. His wife gave me the home before she died about 15 years ago. I have lived in the house since then. Their children all live... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 8, 2021

Hire a competent attorney to search the title, determine heirship, draft and record an Affidavit of Heirship, then draft a Deed for the other tenants in common to convey their interests over to you.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: The deed has our deceased mother's name at the beginning, and heir's and at the very end it says forever.

With the forever be in at the end she got a mortgage and me nor my sister signed on that mortgage on agreement to the mortgage nor did we see any of the money so is there any type loophole with the , forever, that gets us out of the mortgage.? So we can keep the land for our children

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 30, 2021

You might be misunderstanding the meaning of typical wording in a deed that says "to [name of Grantee] and her heirs and assigns forever". That does not mean that title is vested in the heirs along with the grantee. It just means that the grantee acquired fee title. The signatures of... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for South Carolina on
Q: If a person have joint tenant with the right of survivorship in SC when will does it comes effect? before death or after

My grandmother deeded the land to multiply people under survivorship joint tenant in SC before my my grandfather death is that legal. An my grandfather didn't signed the deeds either to the people she deeded the land to. An what are the consequences behind her doing this if it was illegal. Can... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 7, 2021

She can convey her interest in the property. Assuming the grandparents own the property as husband and wife, then if she survives her husband, the conveyance vests. If not, then the conveyance is extinguished. It is a future interest conveyance, and very legal.

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