How to Fill Out and Record a South Carolina Special Warranty Deed

A South Carolina special warranty deed transfers real property while guaranteeing only that the grantor did nothing to cloud the title during their own ownership. To use one, you draft the deed with limiting warranty language and the required title information, sign before two witnesses and a notary, then record it at the Register of Deeds in the county where the property sits. Expect a $15 base recording fee plus a transfer tax of $3.70 for every $1,000 of value.

What the Limited Warranty Actually Covers

The statutory deed form in S.C. Code § 27-7-10 contains broad warranty language protecting the grantee against claims from “every person whomsoever.”¹ That language describes a general warranty deed. A special warranty narrows the promise: the grantor stands behind the title only for problems that arose during their period of ownership. Anything predating that ownership is the buyer’s problem.

S.C. Code § 27-7-20 allows parties to omit the full warranty clause or substitute their own.² In practice, the deed accomplishes the narrower guarantee by replacing the statutory warranty wording with language limiting protection to the grantor’s ownership period. Without that limiting language, the statutory form defaults to a general warranty. Because the coverage is restricted, a buyer taking title under a special warranty should seriously consider an owner’s title insurance policy to cover older defects the grantor is not promising against.

When This Deed Fits (and When It Doesn’t)

South Carolina’s three common deed types sit on a spectrum of buyer protection. A general warranty deed guarantees clear title against all claims no matter when they arose, and it is standard in most residential sales. A special warranty deed covers only claims arising during the grantor’s ownership, which is why it shows up in commercial transactions, bank-owned property sales, and estate transfers, where the seller has limited knowledge of what came before. A quitclaim deed transfers whatever interest the grantor holds with no warranty at all and is most common between family members or divorcing spouses.

The choice of deed type does not change what the buyer actually receives. All three transfer the same ownership interest. The difference shows up only if a title problem surfaces later and the buyer wants to hold the seller responsible.

Information the Deed Must Contain

The Register of Deeds will reject a deed missing any of the following, so gather this information before you start drafting.

Full legal names of grantor and grantee. If an entity is involved, use the exact registered name.
The grantee’s mailing address. S.C. Code § 30-5-35(a) requires it on every deed conveying an interest in land.³
A legal description. A metes and bounds description or a reference to a recorded plat; a street address alone is not enough. State regulations require enough detail to locate the property on the ground.⁴
The county tax map and parcel number (TMS).
A derivation clause tracing the grantor’s title back to the prior deed. When the grantor acquired by deed, include the previous grantor’s name and the recording date of that deed. When the grantor inherited, include the name of the person from whom title came, the approximate date, and for probated estates the probate court where the estate was filed. The Register of Deeds will refuse to record a deed without a derivation clause unless the information is genuinely unavailable. Quitclaim deeds are exempt from this requirement, but special warranty deeds are not.³
The consideration paid. The recording office uses this to calculate the transfer tax.
Special warranty language expressly limiting the grantor’s warranty to their period of ownership.

Formatting the Recording Office Expects

County recording offices enforce basic formatting standards. These are representative across South Carolina, though individual counties may vary slightly:

Paper size of 8.5 × 11 or 8.5 × 14 inches.
Margins of at least 1.5 inches at the top and bottom to leave room for the recording stamp.
Black or dark blue ink. No highlighting.
Names typed or printed beneath each signature for indexing.

Including the name and address of the person who prepared the deed is standard practice, though South Carolina has not made this mandatory by statute.⁵

Signing in Front of Witnesses and a Notary

S.C. Code § 30-5-30 provides two ways to execute a deed so it qualifies for recording.⁶

Grantor Acknowledgment

Most closings use this method. The grantor acknowledges signing the deed in the presence of two witnesses, before an officer authorized to administer oaths (typically a notary public). Everyone is in the room at once: grantor, two witnesses, notary. It is the simpler path because it wraps the entire execution into a single event.

Witness Affidavit

Under the alternative, one subscribing witness later provides a sworn affidavit before an officer authorized to administer oaths, confirming they saw the grantor sign and deliver the deed. The broader execution rule in § 27-7-10 still requires two witnesses to the signing itself, so this method does not reduce the witness count; it only shifts when the oath happens.¹

Under either method, the notary’s seal and commission expiration date must be legible on the recorded document.

Recording the Deed and What It Costs

After signing, you file the deed at the Register of Deeds or Clerk of Court in the county where the property is located. Most counties accept documents in person, and many also accept submissions through authorized electronic recording systems.

Recording Fee

The base recording fee for a deed is $15, though fees for related documents such as easements or powers of attorney can run up to $25.⁵ Some counties charge additional per-page fees for longer documents, so check with the specific office before you submit.

Deed Stamps (Transfer Tax)

South Carolina imposes a transfer tax on every deed that conveys real property, commonly called deed stamps. Under S.C. Code § 12-24-10, the rate is $1.85 for each $500 (or fraction of $500) of the property’s value, which works out to $3.70 per $1,000.⁷ On a $200,000 property, the deed stamps come to $740.⁸

Value for this purpose is the consideration paid, including cash, assumed debt, forgiven debt, and the fair market value of any non-cash property exchanged. A deduction is allowed for any lien or encumbrance that existed before the transfer and remains on the property afterward.⁸

Affidavit of Value

S.C. Code § 12-24-70 requires an affidavit showing the property’s value to be filed alongside the deed. It must be signed by someone directly connected to the transaction (typically the buyer, seller, or closing attorney) and must state that person’s connection. If the deed qualifies for an exemption, the affidavit is still required but states the basis for the exemption rather than the value. The clerk has discretion to waive the affidavit, but you should not rely on that happening.⁸

Transfers That Are Exempt from Deed Stamps

Many special warranty deeds (particularly those used in estate planning, entity formation, or family transfers) qualify for one of the exemptions in S.C. Code § 12-24-40:⁸

Deeds where the property value is $100 or less.
Transfers to the federal government, the State of South Carolina, or any of its agencies and political subdivisions, including school districts.
Transfers between spouses, and transfers incident to divorce, where no gain or loss is recognized under Internal Revenue Code § 1041.
Partitions dividing co-owned property among the owners, as long as no consideration is exchanged other than the ownership interests themselves.
Transfers to a corporation, partnership, or trust where the only consideration is stock, partnership interest, or beneficiary interest in the entity.
Distributions from a family partnership to a partner, or from a family trust to a beneficiary, where the only consideration is a reduction in the recipient’s interest in the entity.

Even when an exemption applies, the affidavit of value must still be filed and must explain which exemption you are claiming. The recording office will not process the deed without it.

Record Promptly After Signing

South Carolina is a race-notice jurisdiction. Under S.C. Code § 30-7-10, an unrecorded deed is not effective against a later buyer who pays value, has no notice of the earlier transfer, and records first.⁹ The same rule applies to creditors. If you receive a deed and sit on it, a later buyer could record ahead of you and end up with the superior legal claim.

Recording also establishes the exact date and time your ownership appears in the public record, which matters for lien priority and property tax administration. After the office processes your deed, it is indexed and the original is returned to the party designated on the document. There is no statutory deadline, but every day of delay is a day the grantee’s interest is exposed.

1
South Carolina Legislature. South Carolina Code Section 27-7-10 – Form of Conveyance of Fee Simple; Witnesses
2
South Carolina Legislature. South Carolina Code 27-7 – Form and Execution of Conveyances
3
South Carolina Legislature. South Carolina Code of Laws – Title 30 Chapter 5 – Recording Generally
4
Legal Information Institute. South Carolina Code of Regulations 49-480 – Land Descriptions
5
Greenville County Register of Deeds. Recording Requirements and Fees
6
South Carolina Legislature. South Carolina Code 30-5-30 – Prerequisites to Recording
7
South Carolina Legislature. South Carolina Code 12-24-10 – Recording Fee; Exceptions
8
South Carolina Legislature. South Carolina Code 12-24 – Deed Recording Fee
9
South Carolina Legislature. South Carolina Code 30-7-10 – Validity of Conveyances, Liens, and Other Transactions as to Subsequent Purchasers and Creditors