(A) For the following counties of this State bordering North Carolina, Oconee, Pickens, Greenville, Spartanburg, Cherokee, York, Lancaster, Chesterfield, Marlboro, Dillon, and Horry, hereinafter referred to as the "affected counties", the following provisions apply to a deed, plat, mortgage, security instrument, right of way, utility right of way, or other instrument affecting real property in the affected jurisdiction previously believed to be located in whole or in part in North Carolina and which is determined to be located in whole or in part in South Carolina as a result of the boundary clarification legislation.

(B) Unless specifically provided otherwise or the context otherwise requires, and in this chapter:

Terms Used In South Carolina Code 30-5-270

  • Abutter: means an owner whose property abuts or adjoins the property of another person with no intervening land in between owned by a third party. See South Carolina Code 30-5-270
  • Affected counties: means any South Carolina county that abuts or adjoins the boundary with an affected jurisdiction. See South Carolina Code 30-5-270
  • Affected jurisdiction: means a sovereign state whose common boundary with South Carolina has been clarified resulting in a change in the perceived location of the boundary to be that of the actual boundary. See South Carolina Code 30-5-270
  • Affected lands: means real property of an owner whose perceived location has been clarified pursuant to the boundary clarification legislation. See South Carolina Code 30-5-270
  • Boundary: as used in this chapter , has the meaning as established in Section 1-1-10 and in accordance with the constitution of this State. See South Carolina Code 30-5-270
  • Boundary clarification legislation: means the amendments to Section 1-1-10, effective January 1, 2017. See South Carolina Code 30-5-270
  • Clarification: means the official recognition of the original boundary as confirmed and agreed between an affected jurisdiction and the State of South Carolina pursuant to the boundary clarification legislation. See South Carolina Code 30-5-270
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Owner: as used in this chapter means any person or entity owning of record a legal or equitable real property interest or incorporeal hereditament in affected lands as an abutter. See South Carolina Code 30-5-270
  • Preclarification title: means muniments of title of record in an affected jurisdiction or the affected counties, or both, of an owner prior to the effective date of the boundary clarification legislation. See South Carolina Code 30-5-270
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(1) "Abutter" means an owner whose property abuts or adjoins the property of another person with no intervening land in between owned by a third party.

(2) "Affected counties" means any South Carolina county that abuts or adjoins the boundary with an affected jurisdiction.

(3) "Affected jurisdiction" means a sovereign state whose common boundary with South Carolina has been clarified resulting in a change in the perceived location of the boundary to be that of the actual boundary.

(4) "Affected lands" means real property of an owner whose perceived location has been clarified pursuant to the boundary clarification legislation.

(5) "Boundary", as used in this chapter, has the meaning as established in Section 1-1-10 and in accordance with the constitution of this State.

(6) "Boundary clarification legislation" means the amendments to Section 1-1-10, effective January 1, 2017.

(7) "Clarification" means the official recognition of the original boundary as confirmed and agreed between an affected jurisdiction and the State of South Carolina pursuant to the boundary clarification legislation.

(8) "Clarified line" means the officially recognized boundary between an affected jurisdiction and the State of South Carolina pursuant to the boundary clarification legislation.

(9) "Muniments of title", where the term is used in this chapter, constitutes documents of record setting forth a legal or equitable real property interest or incorporeal hereditament in affected lands of an owner in the respective affected counties or an affected jurisdiction, or both.

(10) "Notice of State Boundary Clarification", where the term is used in this chapter, constitutes the statutory form of notice to be recorded in South Carolina in the particular affected counties where affected lands now or previously lie.

(11) "Owner" as used in this chapter means any person or entity owning of record a legal or equitable real property interest or incorporeal hereditament in affected lands as an abutter.

(12) "Preclarification title" means muniments of title of record in an affected jurisdiction or the affected counties, or both, of an owner prior to the effective date of the boundary clarification legislation.

(C) Notice of State Boundary Clarification:

(1) On the effective date of this section, with respect to preclarification title as defined in this chapter where the instruments disclosing the muniments of title for that land were recorded in the public land records of an affected jurisdiction or the affected counties, or both, prior to the effective date of the clarification, the registers of deeds in the affected counties or the clerks of court in those counties not having registers where the affected lands are now or previously were perceived to be located, shall file the Notice of State Boundary Clarification, as specified in this section, in the record for all affected lands. The purpose of this notice is to alert anyone checking the title to real property that the real property constitutes affected lands that may be affected by the boundary clarification legislation and muniments of title for this land also may be recorded in the public land records of an affected jurisdiction. The notice must be properly indexed, including the correct order of indexing, in the same manner as any instrument conveying or encumbering real property.

(2) On or before the effective date of this section, the registers of deeds or clerks referenced above must inform attorneys and others using their offices of the requirements of this section. The information may be provided by clerks and registers by those means that they would normally utilize to provide general notices to users of their services such as postings on their web pages. This information shall include a copy of or a link to the notice of state boundary clarification form.

(3) The notice form must be substantially in the following format:

"STATE OF SOUTH CAROLINA) )Notice of South Carolina-North Carolina COUNTY OF)State Boundary Clarification

The undersigned Register of Deeds/Clerk of Court of the County and State set forth above, does hereby certify, under the penalty of perjury, the following:

(1) The following described tracts or parcels constitute affected lands as defined in Section 30-5-270(B)(4), which may be affected by the boundary clarification legislation effective January 1, 2017.

[Legal description, derivation (if available) and TMS#]

(2) The parties set forth below are an Owner, as defined in Section 30-5-270(B)(11).

[List the name and address of all owners of record]

(3) The muniments of title, as defined in Section 30-5-270(B)(9), providing the basis for this claim of ownership, recorded in the public records of the aforesaid County and State, are as follows:

[List the specific instrument name and recording information]

(4) Muniments of title of those claiming an interest in this land also may be recorded in the public land records of an affected jurisdiction, as defined in Section 30-5-270(B)(3).

Date:

Signature of Register of Deeds / Clerk of Court Printed Name: ____________________________"

(D) Policies of Title and Casualty Insurance issued prior to the effective date of the boundary clarification legislation are enforceable according to their terms and shall remain in effect regardless of whether the insured property has been determined to be in another state.

(E) Clarification of the boundary does not alter, change, or affect in any manner the sovereignty rights of federally recognized Native American tribes over tribal lands on either side of a confirmed boundary line. Tribal sovereignty rights continue to be established and defined by controlling state and federal law.