$pagetitle = "Code of Laws - Title 27 - Chapter 41 - Undertenants Of Life Tenants";
$menuitem = "None";
$submenuitem = "None";
$hideheader = false;
$hidesidemenu = false;
//cache::$enabled = true;
$nodb = true;
The South Carolina Legislative Council is offering access to the 1976 South Carolina Code of Laws on the Internet as a service to the public. The 1976 South Carolina Code on the General Assembly's website is now current through Act Number 147 of the 2016 Session of the General Assembly. The 1976 Code of Laws on this website will be updated online periodically; however, the official version of the 1976 Code of Laws remains the print version which will continue to be updated on a yearly basis before the start of each legislative session. The 1976 South Carolina Code, consisting only of Code text, numbering, history, and Effect of Amendment, Editor's, and Code Commissionerís notes may be copied from this website at the reader's expense and effort without need for permission.
The Legislative Council is unable to assist users of this service with legal questions. Also, legislative staff cannot respond to requests for legal advice or the application of the law to specific facts. Therefore, to understand and protect your legal rights, you should consult your own private lawyer regarding all legal questions.
While every effort was made to ensure the accuracy and completeness of the South Carolina Code available on the South Carolina General Assembly's website, this version of the South Carolina Code is not official, and the state agencies preparing this website and the General Assembly are not responsible for any errors or omissions which may occur in these files. Only the current published volumes of the South Carolina Code of Laws Annotated and any pertinent acts and joint resolutions contain the official version.
Please note that the Legislative Council is not able to respond to individual inquiries regarding research or the features, format, or use of this website. However, you may notify the Legislative Services Agency at LSA@scstatehouse.gov regarding any apparent errors or omissions in content of Code sections on this website, in which case LSA will relay the information to appropriate staff members of the South Carolina Legislative Council for investigation.
Title 27 - Property and Conveyances
Undertenants of Life Tenants
Recovery of rent from undertenant on death of life tenant.
When any tenant for life shall happen to die before or on the day on which any rent was reserved or made payable upon any demise or lease of any lands, tenements or hereditaments to an undertenant which determined on the death of such tenant for life, the executors or administrators of such tenant for life shall and may recover of and from such undertenant of such lands, tenements or hereditaments the rent thereof as prescribed in Section 27-41-20.
HISTORY: 1962 Code Section 41-251; 1952 Code Section 41-251; 1942 Code Section 8797; 1932 Code Section 8797; Civ. C. '22 Section 5264; Civ. C. '12 Section 3494; Civ. C. '02 Section 2480; G. S. 1805; R. S. 1924; 1712 (2) 577.
Proportion of rent to be paid at death of life tenant.
If such tenant for life die on the day on which the rent was payable, the whole of such rent shall be so recovered but if such tenant for life die before such day a proportion of such rent, according to the time such tenant for life lived of the last year or quarter of a year, or other time in which the rent was growing due as aforesaid, making all just allowances, shall be so recovered; or a reasonable part thereof, respectively, shall be so recovered if the recovery of the whole or such portion thereof as aforesaid shall be unreasonable.
HISTORY: 1962 Code Section 41-252; 1952 Code Section 41-252; 1942 Code Section 8798; 1932 Code Section 8798; Civ. C. '22 Section 5265; Civ. C. '12 Section 3495; Civ. C. '02 Section 2409; G. S. 1806; R. S. 1924; 1712 (2) 577.
Undertenant's right to possession.
If any person shall rent or hire lands of a tenant for life and such tenant for life dies, the person hiring such land shall not be dispossessed until the crop of that year is finished, he securing the payment of the rent when due.
HISTORY: 1962 Code Section 41-253; 1952 Code Section 41-253; 1942 Code Section 8799; 1932 Code Section 8799; Civ. C. '22 Section 5266; Civ. C. '12 Section 3496; Civ. C. '02 Section 2410; G. S. 1807; R. S. 1926; 1789 (5) 111.