South Carolina Notice of Option for Recording

State:
South Carolina
Control #:
SC-OPTION-5
Format:
Word; 
Rich Text
Instant download

Description South Carolina Notice Template

This Memorandum and Notice of Option Agreement is for recording in the official records in order to provide notice that an Option to Purchase exists on a certain parcel of real estate. It is used in lieu of recording the entire Option Agreement.
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FAQ

An original, wet signed document. Signature of the Party of the First Part. Two witnesses to the signature. A South Carolina Probate or Acknowledgement. A property description to include a recorded plat reference or metes and bounds description.

The purpose of recording a document is to provide a traceable chain of title to the property (chain of title is evidence that a piece of property has validly passed down through the years from one owner to the next).

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed. Publicly taking note or acknowledging the claim of another person with regard to real estate, such as the filing and recording of a deed.

Title deeds do not have to be recorded. Recording is filing them in the county recorder's office and if recorded, the title deed acts as defacto notice to all third parties as to ownership in the property.

The South Carolina deed recording fee is imposed for the privilege of recording a deed, and is based on the transfer of real property from one person or business entity to another. The fee is generally imposed on the grantor of the real property, although the grantee may be secondarily liable for the fee.

South Carolina is a race-notice jurisdiction. In 1958 the recording statute was amended to require a subsequent lien creditor without notice to file the instrument evidencing his lien in order to claim under the statute.

1. C Explanation: Recording an instrument provides constructive notice to the public of the interest set forth in the recorded instrument. 2. A Explanation: A corporate seal may be added where a corporation is grantor, in order to indicate that the person who signed had authority to sign on behalf of the corporation.

The most common documents are related to mortgages, deeds, easements, foreclosures, estoppels, leases, licenses, and fees, among other kinds of documents. The most important real estate documents list ownership, encumbrances, and lien priority.

There are three basic kinds of statutory schemes in recording acts: race, notice, and race/notice. Even though a recording act does not require recordation, the law does create strong incentive for a buyer to record.

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South Carolina Notice of Option for Recording