Current Status Introducing Body:
SenateBill Number: 196Ratification Number: 102Act Number: 51Primary Sponsor: HayesType of Legislation: GBSubject: Realty, deed of; requirementsDate Bill Passed both Bodies: 19930504Computer Document Number: BBM/9029DW.93Governor's Action: SDate of Governor's Action: 19930513Introduced Date: 19930113Date of Last Amendment: 19930428Last History Body: ------Last History Date: 19930513Last History Type: Act No. 51Scope of Legislation: StatewideAll Sponsors: Hayes Stilwell Waldrep Wilson MartinType 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 CommitteeView 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."
SECTION 2. This act takes effect January 1, 1994.
Approved the 13th day of May, 1993.