reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-150. When electronic record sent and received.

(A) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) is in a form capable of being processed by that system; and
(3) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient and under the control of the recipient.
(B) Unless otherwise agreed between a sender and the recipient, an electronic record is received when it:
(1) enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) is in a form capable of being processed by that system.
(C) Subsection (B) applies even if the place the information processing system is located is different from the place the electronic record is considered to be received pursuant to subsection (D).
(D) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is considered to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the place of business is:
(1) the place having the closest relationship to the underlying transaction, if the sender or recipient has more than one place of business; and
(2) the sender's or recipient's residence, if the sender or the recipient does not have a place of business.
(E) An electronic record is received pursuant to subsection (B) even if an individual is not aware of its receipt.
(F) Receipt of an electronic acknowledgment from an information processing system described in subsection (B) establishes that a record was received but is not sufficient to establish that the content sent corresponds to the content received.
(G) If a person is aware that an electronic record purportedly sent pursuant to subsection (A), or purportedly received pursuant to subsection (B), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection shall not be varied by agreement.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-170. Creation and retention of electronic records by government agencies.

Each governmental agency of this State shall determine if, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
HISTORY: 2004 Act No. 279, Section 1.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-180. Government agencies sending and accepting electronic records and signatures; format.

(A) Each governmental agency of this State shall determine if, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(B) To the extent that a governmental agency uses electronic records and electronic signatures pursuant to subsection (A), the governmental agency, in consultation with the South Carolina Department of Administration, giving due consideration to security, may specify:
(1) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(2) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, a third party used by a person filing a document to facilitate the process;
(3) control processes and procedures appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(4) other attributes required for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(C) Except as otherwise provided in Section 26-6-120, this chapter does not require a governmental agency of this State to use or permit the use of electronic records or electronic signatures.
HISTORY: 2004 Act No. 279, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-190. Development of standards and procedures; service of process.

(A) The South Carolina Department of Administration shall adopt standards to coordinate, create, implement, and facilitate the use of common approaches and technical infrastructure, as appropriate, to enhance the utilization of electronic records, electronic signatures, and security procedures by and for public entities of the State. Local political subdivisions may consent to be governed by these standards.
(B) The Secretary of State may develop, implement, and facilitate the use of model procedures for the use of electronic records, electronic signatures, and security procedures for all other purposes, including private commercial transactions and contracts. The Secretary of State also may promulgate regulations as to methods, means, and standards for secure electronic transactions including administration by the Secretary of State or the licensing of third parties to serve in that capacity, or both.
(C) In accordance with Sections 26-6-20(18) and 26-6-195, and in reference to all South Carolina laws, rules, and regulations pertaining to service of process where service shall be made on entities described in Rule 4(d)(3) of the South Carolina Rules of Civil Procedure, those entities shall be served under Rule 4(d)(8) of the South Carolina Rules of Civil Procedure by:
(1) registered or certified mail-return receipt requested, addressed to the office of the registered agent;
(2) registered or certified mail-return receipt requested, addressed to the office of the secretary of the corporation at its principal office;
(3) e-mailing the service of process that has been postmarked by a United States Postal Service Electronic Postmark in a manner approved by the South Carolina Supreme Court to an e-mail address registered with the Secretary of State for the corporation; or
(4) e-mailing the service of process that has been postmarked by a United States Postal Service Electronic Postmark in a manner approved by the South Carolina Supreme Court to an e-mail address registered with the Secretary of State for the agent for service of process for the corporation.
HISTORY: 2004 Act No. 279, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 26 - Notaries Public and Acknowledgements › Chapter 6 - Uniform Electronic Transactions Act › Section 26-6-195. Service of process to e-mail address by government agency.

Notwithstanding any other provisions in this chapter, a governmental agency may use, in accordance with policies and procedures developed by the South Carolina Department of Administration and as circumstances allow, in order to perfect service of process of any communication, an e-mail address from any vendor, entity, or individual the governmental agency regulates or does business with, or an e-mail address from the agent for service of process of that vendor, entity, or individual. Such communication postmarked by a United States Postal Service Electronic Postmark shall have the same force of law as the United States Post Office certified mail-return receipt requested. The South Carolina Department of Administration shall devise policies and procedures for the use of the United States Postal Service Electronic Postmark in respect to state agencies and operations. These policies and procedures, where necessary, must consider the persons or entities which do not have an e-mail address.
HISTORY: 2004 Act No. 279, Section 1.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-10. Real estate made liable for debts, duties and demands.

Houses, lands and other hereditaments and real estate situated or being within this State, belonging to any person indebted, (a) shall be liable to and chargeable with all just debts, duties and demands, of whatever nature or kind whatsoever, owing by any such person, (b) shall and may be assets for the satisfaction thereof and (c) shall be subject to the like remedies, proceedings and process as personal estates.
HISTORY: 1962 Code Section 57-451; 1952 Code Section 57-451; 1942 Code Section 9066; 1932 Code Section 9066; Civ. C. '22 Section 5475; Civ. C. '12 Section 3696; Civ. C. '02 Section 2612; G. S. 1983; R. S. 2112; 1712 (2) 571.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-15. Recovery of attorney is fees and interest on claims for improvement of real estate.

Whenever a contractor, laborer, design professional, or materials supplier has expended labor, services, or materials under contract for the improvement of real property, and where due and just demand has been made by certified or registered mail for payment for the labor, services, or materials under the terms of any regulation, undertaking, or statute, it is the duty of the person upon whom the claim is made to make a reasonable and fair investigation of the merits of the claim and to pay it, or whatever portion of it is determined as valid, within forty-five days from the date of mailing the demand. If the person fails to make a fair investigation or otherwise unreasonably refuses to pay the claim or proper portion, he is liable for reasonable attorney's fees and interest at the judgment rate from the date of the demand.
HISTORY: 1987 Act No. 134, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-20. Appointment of surveyors where land title in dispute; nomination by parties.

If any cause be pending in any circuit court or within its jurisdiction wherein the title or boundaries of lands shall be brought into dispute, the judge of the court shall appoint surveyors at the nomination of the parties, to survey such lands, at the charge of such parties, and to return such survey, on oath, at the next sitting of the court.
HISTORY: 1962 Code Section 57-452; 1952 Code Section 57-452; 1942 Code Section 8867; 1932 Code Section 8867; Civ. C. '22 Section 5308; Civ. C. '12 Section 3538; Civ. C. '02 Section 2452; G. S. 1823; R. S. 1964; 1722 (7) 177.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-30. Appointment of surveyors where land title in dispute; nomination by court.

In case either of the parties shall refuse to nominate a surveyor duly sworn and qualified, the court shall proceed to nominate two or more such surveyors, as it shall think fit, in order for the better finding out and discovering the truth of the matter in difference. If the court shall acquiesce in the return of the surveyors so given in on oath as aforesaid it shall be allowed as evidence.
HISTORY: 1962 Code Section 57-453; 1952 Code Section 57-453; 1942 Code Section 8868; 1932 Code Section 8868; Civ. C. '22 Section 5309; Civ. C. '12 Section 3539; Civ. C. '02 Section 2453; G. S. 1834; R. S. 1965; 1722 (7) 177.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-40. Party walls in cities and towns.

Every person who shall erect in a city or town any building with brick shall have liberty to set half his partition wall on his next neighbor's ground, providing he leave a toothing in the corner of such wall for his neighbor to adjoin unto.
HISTORY: 1962 Code Section 57-454; 1952 Code Section 57-454; 1942 Code Section 8869; 1932 Code Section 8869; Civ. C. '22 Section 5310; Civ. C. '12 Section 3540; Civ. C. '02 Section 2454; G. S. 1842; R. S. 1966; 1713 (7) 58.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-50. Party walls in cities and towns; expense.

When the owner of such adjoining land shall build, he shall pay for one half of such partition wall, so far as he makes use of it.
HISTORY: 1962 Code Section 57-455; 1952 Code Section 57-455; 1942 Code Section 8870; 1932 Code Section 8870; Civ. C. '22 Section 5311; Civ. C. '12 Section 3541; Civ. C. '02 Section 2455; G. S. 1843; R. S. 1967; 1713 (7) 58.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 1 - General Provisions › Section 27-1-60. Right of homeowner or tenant to fly United States flag; restrictive covenants and rental agreements; definitions.

(A) Regardless of any restrictive covenant, declaration, rule, contractual provision, or other requirement concerning flags or decorations found in a deed, contract, lease, rental agreement, or homeowners' association document, any homeowner or tenant may display one portable, removable United States flag in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended, on the premises of the property of which he is entitled to use.
(B)(1) No homeowners' association document may preclude the display of one portable, removable United States flag by homeowners. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(2) No restrictive covenant in a deed may preclude the display of one portable, removable United States flag on the property. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(3) No rental agreement, lease, or contract may preclude the display of one portable, removable United States flag on the premises of any tenant. However, the flag must be displayed in a respectful manner, consistent with 36 U.S.C. Sections 171-178, as amended.
(C) For purposes of this section:
(1) "homeowner" means a person who holds title to real property, in fee simple or otherwise including, but not limited to, an owner of real property subject to a homeowners' association, an owner of an interest in a vacation time sharing plan, and a co-owner under a horizontal property regime;
(2) "homeowners' association" has the same meaning as provided in Section 12-43-230;
(3) "homeowners" association document' includes, but is not limited to, declarations of covenants, articles of incorporation, bylaws, or any similar document concerning the rights of property owners to use their property; and
(4) "tenant" means any tenant under a rental agreement executed pursuant to Chapter 40, Title 27, any tenant under a rental agreement executed pursuant to Chapter 47, Title 27, any tenant under a vacation time sharing plan, any tenant under a horizontal property regime, and any person who leases commercial or residential real property under a contractual agreement.
HISTORY: 2002 Act No. 344, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-10. System adopted; title.

The system of plane coordinates which has been established by the National Ocean Survey and the National Geodetic Survey for defining and stating the positions or location of points on the surface of the earth within this State may be cited as the "South Carolina Coordinate System Act."
For the purpose of the use of this system the State is designated as one zone.
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-20. Zone title for use in land descriptions.

As established, the South Carolina Coordinate System is named, and in a land description in which it is used it is designated, the "South Carolina Coordinate System."
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-30. Plane coordinates for expressing position of point defined.

The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of a point in the State, consist of two distances, expressed in feet and decimals of a foot. One of these distances, to be known as the easting (x-coordinate), gives the distance in an east-and-west direction; the other, to be known as the northing (y-coordinate), gives the distance in a north-and-south direction. These coordinates must be made to depend upon and conform to the coordinates, on the South Carolina Coordinate System, of the monumented points of the North American Horizontal Geodetic Control Network as published by the United States Coast and Geodetic Survey (now the National Geodetic Survey) within this State as those coordinates have been determined by the survey.
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-50. Coordinate System defined.

For purposes of more precisely defining the South Carolina Coordinate System, the following definition by the National Ocean Survey and the National Geodetic Survey is adopted:
The South Carolina Coordinate System is a Lambert conformal projection of the North American Datum, 1983, having standard parallels at north latitudes 32° 30' and 34° 50', along which parallels the scale must be exact. The origin of coordinates is at the intersection of the meridian 81° 00'west of Greenwich and the parallel 31° 50' north latitude. This origin is given the coordinates: * = 2,000,000 feet and y = 0 feet. For the purposes of the South Carolina Coordinate System, the foot is the International Foot with one inch being exactly equal to 2.54 centimeters.
The position of South Carolina Coordinate System is as marked on the ground by monumented points of the North American Horizontal Geodetic Control Network established in conformity with standards adopted by the Federal Geodetic Control Committee for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American Datum of 1983, and whose coordinates have been computed on the system defined in this section. Any such stations may be used for establishing a survey connection with the South Carolina Coordinate System.
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-60. Standards required for recordation; modification to meet local conditions.

No coordinates based on the South Carolina Coordinate System, purporting to define the position of a point on a land boundary, may be presented to be recorded in public land records or deed records unless that point is established in accordance with Federal Geodetic Control Committee specification for second order-class two. The limitation may be modified by the South Carolina Geodetic Survey to meet local conditions.
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-70. Use of term "South Carolina Coordinate System" on map.

The use of "South Carolina Coordinate System" on a map, report of survey, or other document, must be limited to coordinates based on the South Carolina Coordinate System as defined in this chapter.
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-85. Duties of South Carolina Geodetic Survey.

The South Carolina Geodetic Survey established within the Revenue and Fiscal Affairs Office shall establish horizontal and vertical geodetic control within the State at a density that effectively will provide land and land-related items and records to be referenced to the national horizontal and vertical coordinate system, ensure the accuracy and integrity of new geodetic data entered into the state and national reference system, maintain geodetic files for the State, and disseminate geodetic information as necessary.
HISTORY: 1994 Act No. 497, Part II, Section 59A; 2018 Act No. 246 (H.3895), Section 7, eff July 1, 2018.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
Effect of Amendment
2018 Act No. 246, Section 7, deleted "Office of Research and Statistics of the" preceding "Revenue and Fiscal Affairs Office".
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-95. State mapping products to be compatible with coordinate system; establishment of standards; programs.

To the extent possible, the South Carolina Geodetic Survey of the Revenue and Fiscal Affairs Office shall utilize the office's responsibility of coordinating mapping activities in the State to ensure that mapping products are compatible with the South Carolina Coordinate System. As part of this activity, the office shall establish, develop, and promulgate standards for maps and map products to ensure quality, accuracy, and compatibility of mapping products, encourage the development of accurate mapping systems that are compatible with and suitable for incorporation into a standardized statewide mapping system, develop, maintain, and administer programs for funding qualified mapping projects, and serve as the focal point for federal, state, and local mapping programs and activities in South Carolina.
HISTORY: 1994 Act No. 497, Part II, Section 59A; 2018 Act No. 246 (H.3895), Section 7, eff July 1, 2018.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1).
Effect of Amendment
2018 Act No. 246, Section 7, in the first sentence, deleted "Office of Research and Statistics of the" preceding "Revenue and Fiscal Affairs Office".
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 2 - Coordinate System For Defining Location Of Points Within State › Section 27-2-110. Reliance on description based on coordinate system not required.

Nothing contained in this chapter requires a purchaser or mortgagee to rely on a description, a part of which depends exclusively upon the South Carolina Coordinate System.
HISTORY: 1979 Act No. 54, Section 1; 1989 Act No. 32, Section 1.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-10. Declaration of purpose.

The purpose of this chapter is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.
HISTORY: 1962 Code Section 51-81; 1968 (55) 3047.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-20. Definitions.

As used in this chapter:
(a) "Aviation activities" means taking off, flying, or landing an airplane or aircraft. Aviation activities do not include airshows or any activity where the general public is invited.
(b) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.
(c) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, easement holder, or person in control of the premises.
(d) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, summer and winter sports, aviation activities, and viewing or enjoying historical, archaeological, scenic, or scientific sites.
(e) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(f) "Persons" means individuals regardless of age.
HISTORY: 1962 Code Section 51-82; 1968 (55) 3047; 2014 Act No. 255 (H.4673), Section 1, eff June 6, 2014.
Effect of Amendment
2014 Act No. 255, Section 1, added subsection (a), defining "aviation activities"; redesignated the subsections accordingly; in subsection (c), inserted "easement holder,"; and in subsection (d), inserted ", aviation activities,".
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-30. Duty of care.

Except as specifically recognized by or provided in Section 27-3-60, an owner of land owes no duty of care to keep the premises safe for entry or use by persons who have sought and obtained his permission to use it for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on such premises to such persons entering for such purposes.
HISTORY: 1962 Code Section 51-83; 1968 (55) 3047.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-40. Effect of permission to use property for recreational purposes.

Except as specifically recognized by or provided in Section 27-3-60, an owner of land who permits without charge any person having sought such permission to use such property for recreational purposes does not thereby:
(a) Extend any assurance that the premises are safe for any purpose.
(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
(c) Assume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons.
HISTORY: 1962 Code Section 51-84; 1968 (55) 3047.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-50. Application of Sections 27-3-30 and 27-3-40 to land leased to State or political subdivisions.

Unless otherwise agreed in writing, the provisions of Sections 27-3-30 and 27-3-40 shall be deemed applicable to the duties and liability of an owner of land leased to the State or any subdivision thereof for recreational purposes.
HISTORY: 1962 Code Section 51-85; 1968 (55) 3047.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-60. Certain liability not limited.

Nothing in this chapter limits in any way any liability which otherwise exists:
(a) For grossly negligent, willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.
(b) For injury suffered in any case where the owner of land charges persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.
HISTORY: 1962 Code Section 51-86; 1968 (55) 3047.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 3 - Limitation On Liability Of Landowners › Section 27-3-70. Construction.

Nothing in this chapter shall be construed to:
(a) Create a duty of care or ground of liability for injury to persons or property.
(b) Relieve any person using the land of another for recreational purposes from any obligation which he may have in the absence of this chapter to exercise care in his use of such land and in his activities thereon, or from the legal consequences of failure to employ such care.
HISTORY: 1962 Code Section 51-87; 1968 (55) 3047.
2023 South Carolina Code of Laws › Title 27 - Property and Conveyances › Chapter 5 - Estates And Construction Of Documents Creating Estates › Section 27-5-10. Tenure of lands in State.

The only tenure of lands in this State is that of free and common socage.
HISTORY: 1962 Code Section 57-1; 1952 Code Section 57-1; 1942 Code Section 8680; 1932 Code Section 8680; Civ. C. '22 Section 5202; Civ. C. '12 Section 3439; Civ. C. '02 Section 2353; G. S. 1761; R. S. 1872; 1712 (2) 413.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.