South Carolina General Assembly
109th Session, 1991-1992

Bill 4557

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Introducing Body:               House
Bill Number:                    4557
Primary Sponsor:                R. Young
Type of Legislation:            GB
Subject:                        Common law rule, words "and
                                his heirs"
Residing Body:                  House
Date Tabled:                    May 13, 1992
Computer Document Number:       436/12245.DW
Introduced Date:                Mar 17, 1992
Last History Body:              House
Last History Date:              May 13, 1992
Last History Type:              Tabled
Scope of Legislation:           Statewide
All Sponsors:                   R. Young
Type of Legislation:            General Bill
History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 4557  House   May 13, 1992  Tabled
 4557  House   May 07, 1992  Debate ajourned until
                             Wednesday, May 13, 1992
 4557  House   May 06, 1992  Debate adjourned until
                             Thursday, May 7, 1992
 4557  House   Apr 16, 1992  Committee Report: Favorable     25
                             with amendment
 4557  House   Mar 17, 1992  Introduced, read first time,    25
                             referred to Committee
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 16, 1992

H. 4557

Introduced by REP. R. Young

S. Printed 4/16/92--H.

Read the first time March 17, 1992.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4557), to amend Chapter 5 of Title 27, Code of Laws of South Carolina, 1976, by adding Section 27-5-130 so as to abrogate the Common Law Rule, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, in Section 27-5-130, as contained in SECTION 1, line 36, by striking /"/ and inserting:

/(D) This section modifies the common law and only applies to deeds executed after December 31, 1992."/

Amend title to conform.

DAVID H. WILKINS, for Committee.

A BILL

TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 5 of Title 27 of the 1976 Code is amended by adding:

"Section 27-5-130. (A) Every deed of real estate must pass the property to the recipient in fee simple absolute or the entire interest the grantor has power to convey in the property, unless limitations or restrictions are clearly written in the transferring instrument.

(B) Words of inheritance are unnecessary to convey property in fee simple absolute.

(C) Every conveyance of land must include all buildings, erections, fixtures, improvements, rights, privileges, and other advantages appurtenant to the land at the time of its transfer, unless clearly excluded in the transferring instrument."

SECTION 2. This act takes effect upon approval by the Governor.

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