South Carolina: First Steps to Determine Legal Ownership of a Portion of a Relative’s Land | South Carolina Probate | FastCounsel
SC South Carolina

South Carolina: First Steps to Determine Legal Ownership of a Portion of a Relative’s Land

How to begin confirming who legally owns a piece of your grandfather’s land in South Carolina

Disclaimer: This article provides general information about South Carolina property procedures and is not legal advice. Contact a licensed South Carolina attorney to get advice tailored to your situation.

Detailed answer — the single best first step

The single best first step is to locate and review the recorded deed(s) and related public records for the parcel at the county Register of Deeds where the property is located. The deed(s) and the county recording records show the legally recognized chain of title (how ownership passed from person to person) and will identify the current recorded owner(s), legal description, and any recorded liens or restrictions.

Why start with recorded deeds and public records?

In South Carolina, ownership of real property is established and protected by the chain of recorded instruments (deeds, mortgages, releases, easements). The county Register of Deeds maintains the official record for transfers and encumbrances for parcels in that county. Finding the deed that transferred the property from your grandfather (or his heirs) is the most direct way to determine who holds legal title today.

How to do this step, in practical terms

  1. Identify the county. Determine which county contains the parcel. If you do not know, use the street address, tax parcel number, or a description to check with the county tax assessor or GIS mapping site.
  2. Visit (or search) the county Register of Deeds. Most counties offer online searchable deed indexes and images. Search by your grandfather’s name, parcel number, or by legal description if you have it. If online search is not available, contact or visit the Register of Deeds office in person.
  3. Pull the chain of title. Start from the deed you believe transferred the land out of your grandfather’s name and follow each subsequent recorded deed up to the present. Note the grantee (buyer or transferee), the dates, and any conditions, easements, liens, or mortgages appearing on the face of the instruments.
  4. Check probate records. If the property passed after your grandfather’s death, look for probate filings in the county where he lived (estate administration, probate court records, wills). Probate records can show how property distributed to heirs or whether it passed under a will or through intestacy.
  5. Check tax records and the assessor’s database. County tax records and GIS maps list the current owner of record for property-tax purposes and give parcel identifiers and maps that help match deeds to the physical land.
  6. If records are unclear, get a professional title search. A licensed title company or a real estate attorney can perform a thorough title search and produce a title report or abstract that summarizes ownership history, defects, easements, and liens.

Where to look online for South Carolina laws and local records

South Carolina statutes and information about property law and recording generally are published by the South Carolina Legislature. You can review the South Carolina Code online (search Title 30 for property-related provisions) at the South Carolina General Assembly website: https://www.scstatehouse.gov/code.php. For county-specific deed indexes and copies, search for the county Register of Deeds office or county auditor/assessor (many counties provide online databases).

When a simple deed check may not be enough

Sometimes the recorded title does not match what neighbors or family believe because of informal transfers, unrecorded wills, adverse possession, boundary issues, or missing probate. If you find conflicting information, gaps in the chain of title, or potential encroachments, you should move to a deeper investigation:

  • Obtain a current survey to match the legal description to the actual boundaries.
  • Ask a title company for a full title report or title insurance commitment.
  • Consult a South Carolina real estate attorney if the chain of title is broken, if ownership appears to depend on probate outcomes, or if there are questions about adverse possession or boundary disputes.

Helpful hints

  • Gather basic documents before you search: your grandfather’s full name, any deed copies you already have, his death certificate, the property address or tax parcel number, and any will or probate documents you know of.
  • Names change over time (nicknames, initials, married names). Search variations of your grandfather’s name when using deed indexes.
  • Recording does not create ownership, but recorded instruments provide public notice and are the primary evidence of ownership; unrecorded private transfers can create problems.
  • County Registers of Deeds are the official place to find recorded deeds in South Carolina. If unsure which county, start with the county where your grandfather lived or where the land is physically located.
  • Tax assessor records show the owner of record for tax purposes but do not determine legal title. Use them to help locate deeds and parcel numbers.
  • If you are comfortable doing research yourself, a title company will still be useful if you need a clean, insurable title for sale or financing; title searches and title insurance provide stronger protection than a DIY review.
  • Time limits and rules (for example, those relating to adverse possession or challenging a will) can be strict. If you see signs of a dispute or possible lost claims, consult an attorney promptly.

If you want, I can outline a checklist tailored to the county where the land sits, list documents to request from a Register of Deeds, or help draft questions to ask a title company or attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.