South Carolina General Assembly
109th Session, 1991-1992

Bill 1382

Indicates Matter Stricken
Indicates New Matter 

                    Current Status

Introducing Body:               Senate
Bill Number:                    1382
Primary Sponsor:                Robert W. Hayes Jr.
Type of Legislation:            GB
Subject:                        Common law rule, "and his
                                heirs" provision
Residing Body:                  House
Computer Document Number:       436/12216.DW
Introduced Date:                Mar 11, 1992
Date of Last Amendment:         Jun 03, 1992
Last History Body:              House
Last History Date:              Jun 03, 1992
Last History Type:              Objection by Representative
Scope of Legislation:           Statewide
All Sponsors:                   Robert
                                W. Hayes
                                Jr. Stilwell
                                Bryan
Type of Legislation:            General Bill
History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1382  House   Jun 03, 1992  Objection by Representative
 1382  House   Jun 03, 1992  Amended
 1382  House   Jun 02, 1992  Objection withdrawn by
                             Representative
 1382  House   Jun 02, 1992  Objection withdrawn by
                             Representative
 1382  House   May 20, 1992  Objection by Representative
 1382  House   May 20, 1992  Debate interrupted
 1382  House   May 19, 1992  Debate adjourned until
                             Wednesday, May 20, 1992
 1382  House   May 13, 1992  Debate adjourned until
                             Thursday, May 14, 1992
 1382  House   May 12, 1992  Debate adjourned until
                             Wednesday, May 13, 1992
 1382  House   May 12, 1992  Amended
 1382  House   Apr 29, 1992  Recalled from Committee         25
 1382  House   Apr 29, 1992  Introduced, read first time,    25
                             referred to Committee
 1382  Senate  Apr 28, 1992  Amended, read third time,
                             sent to House
 1382  Senate  Apr 08, 1992  Read second time
 1382  Senate  Apr 01, 1992  Committee Report: Favorable     11
 1382  Senate  Mar 11, 1992  Introduced, read first time,    11
                             referred to Committee
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AMENDED--SECOND TIME, NOT PRINTED IN THE HOUSE

1382H.3

1382H.2

June 3, 1992

S. 1382

Introduced by SENATORS Robert W. Hayes, Jr., Stilwell and Bryan

S. Printed 4/29/92--H.

Read the first time April 29, 1992.

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.

Amend Title To Conform

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 executed after December 31, 1992, 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 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, 1992."

SECTION 2. This act takes effect January 1, 1993.

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