Current Status Introducing Body:
HouseBill Number: 3466Primary Sponsor: AltmanCommittee Number: 11Type of Legislation: GBSubject: Derivation clausesResiding Body: SenateComputer Document Number: 3466Introduced Date: Feb 07, 1991Date of Last Amendment: Apr 25, 1991Last History Body: SenateLast History Date: May 01, 1991Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: AltmanType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 3466 Senate May 01, 1991 Introduced, read first time, 11 referred to Committee 3466 House Apr 30, 1991 Read third time, sent to Senate 3466 House Apr 25, 1991 Amended, read second time 3466 House Apr 17, 1991 Committee Report: Favorable 25 with amendment 3466 House Feb 07, 1991 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
April 25, 1991
S. Printed 4/25/91--H.
Read the first time February 7, 1991.
TO AMEND SECTION 30-5-35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DERIVATION CLAUSES OF DEEDS AND MORTGAGES, SO AS TO PROVIDE THAT A DERIVATION CLAUSE ALSO IS NOT REQUIRED ON A DEED OR MORTGAGE OF PROPERTY DEVOTED TO A HIGHWAY PURPOSE AND TO MAKE GRAMMATICAL CHANGES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-5-35 of the 1976 Code is amended to read:
"Section 30-5-35. (A) All deeds conveying an interest in land and all mortgages of real estate executed after July 1, 1976, must include a derivation clause in the property description and there must be inscribed on the deed or mortgage the mailing address of the grantee or mortgagee. When the grantor's or mortgagor's title was acquired by deed, the derivation clause must include the name of the grantor and the recording date of that deed. However, when the deed of derivation simultaneously has been simultaneously executed and delivered and has not then been recorded it is sufficient to set forth in the deed or mortgage the name of the grantor of the deed of derivation and its date and that it is to be recorded. When the grantor's or mortgagor's title was obtained by inheritance or devise, the derivation clause must include the name of the person from whom the title was acquired, the approximate date of acquisition, and, in the case of property acquired under a probated will or administered estate, the probate court in which such the estate was filed. However, a derivation clause is not required on a deed, or mortgage, or easement of property devoted to a utility, or railroad, or public highway purpose of by any private or public utility, or railroad or public entity responsible for construction and maintenance of highways. Further, a derivation clause is not required on a quitclaim or nonwarranty deed of real property.
(b) (B) A No clerk of court or register of mesne conveyance shall not record any a deed or mortgage after July 1, 1976, unless it contains a derivation clause as prescribed in subsection (a) (A); provided, however, that. However, he may record a deed or mortgage without such the clause upon a showing satisfactory to him that the necessary information for such the clause was not available.
(c) (C) The provisions of this section are intended to be regulatory in nature and will not affect the legality, force, effect validity, or record notice of any instrument recorded in violation hereof of this statute."
SECTION 2. This act takes effect upon approval by the Governor.