Current Status Introducing Body:Senate Bill Number:196 Ratification Number:102 Act Number:51 Primary Sponsor:Hayes Type of Legislation:GB Subject:Realty, deed of; requirements Date Bill Passed both Bodies:19930504 Computer Document Number:BBM/9029DW.93 Governor's Action:S Date of Governor's Action:19930513 Introduced Date:19930113 Date of Last Amendment:19930428 Last History Body:------ Last History Date:19930513 Last History Type:Act No. 51 Scope of Legislation:Statewide All Sponsors:Hayes Stilwell Waldrep Wilson Martin Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
196 ------ 19930513 Act No. 51
196 ------ 19930513 Signed by Governor
196 ------ 19930511 Ratified R 102
196 Senate 19930504 Concurred in House amendment,
enrolled for ratification
196 House 19930429 Read third time, returned to
Senate with amendment
196 House 19930428 Amended, read second time
196 House 19930421 Debate adjourned until
Tuesday, April 27, 1993
196 House 19930420 Debate adjourned until
Wednesday, April 21, 1993
196 House 19930413 Committee Report: Favorable 25
with amendment
196 House 19930224 Introduced, read first time, 25
referred to Committee
196 Senate 19930223 Read third time, sent to House
196 Senate 19930218 Read second time, notice of
general amendments
196 Senate 19930217 Committee Report: Favorable 11
196 Senate 19930113 Introduced, read first time, 11
referred to Committee
View additional legislative information at the LPITS web site.
(A51, R102, S196)
AN ACT TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE AND PROVIDE THAT A REBUTTABLE PRESUMPTION IS PRESUMED THAT THE GRANTOR INTENDED TO CONVEY A FEE SIMPLE ABSOLUTE IF THERE IS A DISCREPANCY BETWEEN A DEED OR ADDENDUM WHERE WORDS OF INHERITANCE OR SUCCESSION ARE CONTAINED IN ONE BUT NOT ALL DOCUMENTS OR WHERE CONFLICTING LANGUAGE EXISTS.
Be it enacted by the General Assembly of the State of South Carolina:
Entire interest passes to grantee
SECTION 1. Chapter 5 of Title 27 of the 1976 Code is amended by adding:
"Section 27-5-130. (A) Every deed of real estate executed after December 31, 1993, passes to the grantee the entire interest of the grantor in the property described in the deed, unless provided to the contrary in the deed.
(B) Words of inheritance or succession are unnecessary to convey property in fee simple absolute.
(C) This section modifies the common law and only applies to deeds executed after December 31, 1993.
(D) In the event of a discrepancy between a deed and any addendum or attachment thereto where the words of inheritance or succession are contained in one of the documents, but not in all documents, or where conflicting language exists as to whether or not the grantor intended to convey a fee simple or a life estate interest in the real property, it is presumed rebuttable by clear and convincing evidence that the grantor intended to convey a fee simple absolute interest in the real property if he owned such an interest or his entire interest in the property if he did not own it in fee simple."
Time effective
SECTION 2. This act takes effect January 1, 1994.
Approved the 13th day of May, 1993.