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The duties of the Register of Deeds are set out by the Code of Laws of South Carolina. The proper recording of documents provides notice to subsequent purchasers or creditors of the interests of others in the property and establishes priority of claims against that property. Generally, all instruments conveying an interest in real property must be recorded in that county's Register of Deeds in order to be valid. Other documents of public interest may also be recorded by the Register of Deeds.
The Register of Deeds exists as a separate governmental office in 21 counties in South Carolina. In Anderson, Beaufort, Chesterfield, Colleton, Georgetown, Horry, Jasper, Kershaw, Lancaster, Oconee, Orangeburg, Pickens, Richland, Spartanburg, and Sumter, the position is appointed by the governing body. In the counties of Aiken, Berkeley, Charleston, Dorchester, Greenville, and Lexington, the holder of the office is elected. In the remaining 25 counties, the functions are performed by the elected Clerk of Court.