reglab/housing_qa huggingface dataset:
SC Code § 27-5-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-20. Rule in Shelley's Case.

 The rule of law known as the rule in Shelley's Case is hereby abolished in the following particulars, to wit: When, by deed or will or by any instrument in writing, a remainder in lands, tenements, hereditaments or other real estate shall be limited to the heirs, or heirs of the body, of a person to whom a life estate in the same premises is given, the persons who, on the termination of the life estate, are the heirs or heirs of the body of such tenant for life shall take as purchasers in fee simple, by virtue of the remainder so limited to them. The provisions of this section shall not affect wills, deeds and other instruments in writing executed prior to October 1, 1924 or the construction of such wills, deeds and other instruments in writing.  HISTORY: 1962 Code Section 57-2; 1952 Code Section 57-2; 1942 Code Section 8802; 1932 Code Section 8802; 1924 (33) 1140.
SC Code § 27-5-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-30. Construction of terms "failure of issue" and the like.

 Whenever in any deed or other instrument in writing, not testamentary, or in any will of a testator, an estate, either in real or personal property, shall be limited to take effect on the death of any person without heirs of the body, issue or issue of the body, or other equivalent words, such words shall not be construed to mean an indefinite failure of issue, but failure at the time of the death of such person.  HISTORY: 1962 Code Section 57-3; 1952 Code Section 57-3; 1942 Code Section 8871; 1932 Code Section 8871; Civ. C. '22 Section 5323; Civ. C. '12 Section 3551; Civ. C. '02 Section 2464; G. S. 1682; R. S. 1976; 1853 (12) 298.
SC Code § 27-5-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-40. Feoffment with livery of seizin shall not defeat remainder.

 No estate in remainder, whether vested or contingent, shall be defeated by any deed of feoffment with livery of seizin.  HISTORY: 1962 Code Section 57-4; 1952 Code Section 57-4; 1942 Code Section 8872; 1932 Code Section 8872; Civ. C. '22 Section 5324; Civ. C. '12 Section 3552; Civ. C. '02 Section 2465; R. S. 1977; 1883 (18) 430.
SC Code § 27-5-50 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-50. Warranties by life tenants; collateral warranties.

 All warranties which shall be made by any tenant for life of any lands, tenements or hereditaments descending or coming to any person in reversion or remainder shall be void and of no effect.  All collateral warranties which shall be made of any lands, tenements or hereditaments by any ancestor who has no estate of inheritance in possession in them shall be void against his heir.  HISTORY: 1962 Code Section 57-5; 1952 Code Section 57-5; 1942 Code Section 8801; 1932 Code Section 8801; Civ. C. '22 Section 5268; Civ. C. '12 Section 3498; Civ. C. '02 Section 2412; G. S. 1809; R. S. 1928; 1712 (2) 437.
SC Code § 27-5-60 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-60. Feoffments made by person wrongfully in possession.

 If any person after such entry as is mentioned in Section 15-67-430 into lands or tenements holden with force make a feoffment or other discontinuance to any person to have maintenance or to take away and defraud the possessor of his recovery in any wise and afterwards in an action thereof to be taken or pursued before magistrates by due inquiry thereof such feoffments and discontinuances are duly proved to be made for maintenance as aforesaid then such feoffments or other discontinuances shall be void, frustrate and of no effect.  HISTORY: 1962 Code Section 57-6; 1952 Code Section 57-6; 1942 Code Section 888; 1932 Code Section 888; Civ. P. '22 Section 836; Civ. C. '12 Section 4067; Civ. C. '02 Section 2966; G. S. 2293; R. S. 2426; 1712 (2) 444.
SC Code § 27-5-80 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-80. Certain pension plans, annuity trusts, and the like of employers exempt from laws against perpetuities.

 Pension, profit sharing, stock bonus and annuity trusts, or combinations thereof, established by employers for the purpose of distributing both the principal and income thereof exclusively to eligible employees, or the beneficiaries of such employees, shall not be invalid as violating any laws or rules against perpetuities or restraints on the power of alienation of title to property; but such trust may continue for such period of time as may be required by the provisions thereof to accomplish the purposes for which they are established.  HISTORY: 1962 Code Section 57-7.1; 1960 (51) 1630.
SC Code § 27-5-90 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-90. Effect of descent cast.

 The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.  HISTORY: 1962 Code Section 57-8; 1952 Code Section 57-8; 1942 Code Section 383; 1932 Code Section 383; Civ. P. '22 Section 326; Civ. P. '12 Section 132; Civ. P. '02 Section 107; 1870 (14) Section 110.
SC Code § 27-5-100 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-100. Right of entry of lawful owner or heirs against heirs of disseizor.

 The dying of any disseizor seized of or in any lands, tenements or other hereditaments, having no right or title therein, shall not be taken or deemed any such descent as to take away the entry of any such person or persons, or their heirs, as, at the time of such descent, had good and lawful title of entry into such lands, tenements or hereditaments unless such disseizor has had the peaceable possession of such lands, tenements or hereditaments for the space of ten years next after the disseizin therein by him committed, without entry or continual claim by or of such person or persons as had lawful title thereunto.  HISTORY: 1962 Code Section 57-9; 1952 Code Section 57-9; 1942 Code Section 877; 1932 Code Section 877; Civ. P. '22 Section 825; Civ. C. '12 Section 4063; Civ. C. '02 Section 2962; G. S. 2282; R. S. 2422; 1712 (2) 474.
SC Code § 27-5-110 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-110. Entry on land.

 No person shall make any entry into any lands and tenements but in case entry is given by law; and in such case not with strong hand nor with multitude of people, but only in peaceable and easy manner.  HISTORY: 1962 Code Section 57-10; 1952 Code Section 57-10; 1942 Code Section 885; 1932 Code Section 885; Civ. P. '22 Section 833; Civ. C. '12 Section 4064; Civ. C. '02 Section 2963; G. S. 2290; R. S. 2423; 1712 (2) 442.
SC Code § 27-5-120 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-120. Posthumous child shall take under will or settlement.

 A posthumous child shall take under any will or settlement as though born in the lifetime of the father and shall not be liable to be defeated on the ground that the remainder was contingent and did not vest at the instant that the prior estate terminated and that there was no trustee to preserve the contingent remainder.  HISTORY: Former 1976 Code Section 21-1-30 [1962 Code Section 19-3; 1952 Code Section 19-3; 1942 Code Section 8873; 1932 Code Section 8873; Civ. C. '22 Section 5325; Civ. C. '12 Section 3553; Civ. C. '02 Section 2466; G. S. 1846; R. S. 1978; 1712 (2) 542] redesignated 27-5-120 by 1986 Act No. 539, Section 2.
SC Code § 27-5-130 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 5 - Estates And Construction Of Documents Creating Estates|Section 27-5-130. Deeds of real estate to pass entire estate; conveyance of fee simple absolute; construction of conflicting language.

 (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.  HISTORY: 1993 Act No. 51, Section 1.
SC Code § 27-6-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-10. Short title.

 This chapter may be cited as the Uniform Statutory Rule Against Perpetuities.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-6-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-20. Nonvested property interest or power of appointment.

 (A) A nonvested property interest is invalid unless:  (1) when the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or  (2) the interest either vests or terminates within ninety years after its creation.  (B) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:  (1) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy no later than twenty-one years after the death of an individual then alive; or  (2) the condition precedent either is satisfied or becomes impossible to satisfy within ninety years after its creation.  (C) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:  (1) when the power is created, it is certain to be irrevocably exercised or to terminate no later than twenty-one years after the death of an individual then alive; or  (2) the power is irrevocably exercised or terminates within ninety years after its creation.  (D) In determining whether a nonvested property interest or a power of appointment is valid under subsection (A)(1), (B)(1), or (C)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-6-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-30. Creation of property interests and powers of appointment.

 (A) Except as provided in subsections (B) and (C) and in Section 27-6-60(A), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.  (B) If there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of (i) a nonvested property interest or (ii) a property interest subject to a power of appointment described in Section 27-6-20(B) or 27-6-20(C), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. A joint power with respect to community property or to marital property under a Uniform Marital Property Act held by individuals married to each other is a power exercisable by one person alone.  (C) A nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-6-40 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-40. Reformation of property dispositions.

 Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years permitted by this chapter if:  (1) a nonvested property interest or a power of appointment becomes invalid under Section 27-6-20;  (2) a class gift is not but may become invalid under Section 27-6-20 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or  (3) a nonvested property interest that is not validated by Section 27-6-20(A)(1) can vest but not within ninety years after its creation.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-6-50 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-50. Exceptions to rule.

 Section 27-6-20 does not apply to:  (1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divorce settlement, (iii) a spouse's election, (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or (viii) a reciprocal transfer;  (2) a fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;  (3) a power to appoint a fiduciary;  (4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;  (5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;  (6) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, and health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse; or  (7) a property interest, power of appointment, or arrangement that was not subject to the common law rule against perpetuities or is excluded by another statute of this State, including, but not limited to, the interests, powers, and arrangements coming within Sections 13-7-30, 27-5-70, 27-5-80, 33-53-30, 39-55-135, and 62-7-909.  HISTORY: 1987 Act No. 12, Section 1; 2005 Act No. 66, Section 2.  Code Commissioner's Note  At the direction of the Code Commissioner, the reference in item (7) to 62-7-409 was changed to 62-7-909 to conform to the South Carolina Uniform Principal and Income Act of 2005.
SC Code § 27-6-60 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-60. Effect of timing of creation of property interest; savings clause.

 (A) Except as extended by subsection (B), this chapter applies to a nonvested property interest or a power of appointment that is created on or after July 1, 1987. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.  (B) If a nonvested property interest or a power of appointment was created before July 1, 1987, and is determined in a judicial proceeding, commenced on or after July 1, 1987, to violate this State's rule against perpetuities as that rule existed before July 1, 1987, a court upon the petition of an interested person shall reform the disposition by inserting a savings clause that preserves most closely the transferor's plan of distribution and that brings that plan within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-6-70 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-70. Application and construction.

 This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-6-80 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 6 - Uniform Statutory Rule Against Perpetuities|Section 27-6-80. Effect on common law.

 This chapter supersedes the common law rule against perpetuities.  HISTORY: 1987 Act No. 12, Section 1.
SC Code § 27-7-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 7 - Form And Execution Of Conveyances|Section 27-7-10. Form of conveyance of fee simple; witnesses.

 The following form or purport of a release shall, to all intents and purposes, be valid and effectual to carry from one person to another or others the fee simple of any land or real estate if it shall be executed in the presence of and be subscribed by two or more credible witnesses:  "The State of South Carolina.  "Know all men by these presents that I, A B, of __________, in the State aforesaid, in consideration of the sum of ___ dollars, to me in hand paid by C D of __________ County, State of __________, the receipt of which is hereby acknowledged, have granted, bargained, sold and released and by these presents do grant, bargain, sell and release unto the said C D all that (here describe the premises), together with all and singular the rights, members, hereditaments and appurtenances to said premises belonging or in any wise incident or appertaining; to have and to hold all and singular the premises before mentioned unto said C D, his heirs and assigns, forever. And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend all and singular said premises unto said C D, his heirs and assigns, against myself and my heirs and against every person whomsoever lawfully claiming or to claim the same, or any part thereof.  "Witness my hand and seal this ___ day of __________ in the year of our Lord __________ and in the ___ year of the independence of the United States of America. "__________ [L.S.]"  HISTORY: 1962 Code Section 57-251; 1952 Code Section 57-251; 1942 Code Section 8694; 1932 Code Section 8694; Civ. C. '22 Section 5216; Civ. C. '12 Section 3453; Civ. C. '02 Section 2367; G. S. 1775; R. S. 1886; 1795 (5) 255; 1899 (23) 48; 1936 (39) 1301.
SC Code § 27-7-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 7 - Form And Execution Of Conveyances|Section 27-7-20. Warranty and additional clauses in conveyances.

 Section 27-7-10 shall be so construed as not to oblige any person to insert the clause of warranty or to restrain him from inserting any other clause in conveyances, as may be deemed proper and advisable by the purchaser and seller, or to invalidate the forms formerly in use within this State.  HISTORY: 1962 Code Section 57-252; 1952 Code Section 57-252; 1942 Code Section 8694; 1932 Code Section 8694; Civ. C. '22 Section 5216; Civ. C. '12 Section 3453; Civ. C. '02 Section 2367; G. S. 1775; R. S. 1886; 1795 (5) 255; 1899 (23) 48; 1936 (39) 1301.
SC Code § 27-7-30 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 7 - Form And Execution Of Conveyances|Section 27-7-30. Omission of seal.

 Whenever it shall appear from the attestation clause or from the other parts of any instrument in writing that it was the intention of the party or parties thereto that such instrument should be a sealed instrument, such instrument shall be construed to be, and shall have the effect of, a sealed instrument, although no seal be actually attached thereto.  HISTORY: 1962 Code Section 57-253; 1952 Code Section 57-253; 1942 Code Section 8694; 1932 Code Section 8694; Civ. C. '22 Section 5216; Civ. C. '12 Section 3453; Civ. C. '02 Section 2367; G. S. 1775; R. S. 1886; 1795 (5) 255; 1899 (23) 48; 1936 (39) 1301.
SC Code § 27-8-10 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 8 - Conservation Easement Act|Section 27-8-10. Short title.

 This chapter may be cited as the South Carolina Conservation Easement Act of 1991.  HISTORY: 1991 Act No. 92, Section 1.
SC Code § 27-8-20 (2021)
2021 South Carolina Code of Laws|Title 27 - Property and Conveyances|Chapter 8 - Conservation Easement Act|Section 27-8-20. Definitions.

 As used in this chapter, unless the context otherwise requires:  (1) "Conservation easement" means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations, the purposes of which include one or more of the following:  (a) retaining or protecting natural, scenic, or open-space aspects of real property;  (b) ensuring the availability of real property for agricultural, forest, recreational, educational, or open-space use;  (c) protecting natural resources;  (d) maintaining or enhancing air or water quality;  (e) preserving the historical, architectural, archaeological, or cultural aspects of real property.  (2) "Holder" means:  (a) a governmental body empowered to hold an interest in real property under the laws of this State or the United States; or  (b) a charitable, not-for-profit or educational corporation, association, or trust the purposes or powers of which include one or more of the purposes listed in subsection (1).  (3) "Real property" includes surface waters.  (4) "Third-party right of enforcement" means a right provided by the grantor of the conservation easement to enforce selected terms of the conservation easement which is granted to a governmental body, a charitable, not-for-profit, or educational corporation, association, or trust, which though not the holder of the easement, is eligible to be the holder of such easement.  HISTORY: 1991 Act No. 92, Section 1.