Rising Values Change Who Comes Knocking
When land in a neighbourhood is worth little, nobody troubles to acquire a fraction of it. When it becomes worth a great deal, a one-eighth share becomes worth pursuing, and the people who pursue it know the property is hard for the family to sell as a whole.
That asymmetry is what the Clementa C. Pinckney Uniform Partition of Heirs' Property Act was adopted to correct, effective 1 January 2017. The framework is on our page covering heirs property and the Pinckney Act.
What Does an Approach Usually Look Like?
A Fire Multiplies the Pressure
After a fire the family faces immediate costs on a building nobody can insure or repair without establishing authority first. That is the moment a cash offer for one person's share is hardest to refuse.
It is also the moment when selling that share does the most damage, because it introduces a stranger into the ownership at exactly the point the family most needs to be able to act together.
Is There a Better Way to Raise Money Quickly?
We publish no ownership determinations, title findings or values for individual properties in these neighbourhoods. The Register of Deeds, the probate court and a South Carolina lawyer answer those.
The Insurance Gap Is Widest Here
Property held by many people without clear title is frequently under-insured or insured by one occupant in their own name only. After a fire that produces claims with problems in them, and sometimes no meaningful payout at all.
Establishing ownership is what allows insurance to be arranged properly, which is a reason to do it before a fire rather than after. For families reading this without having had one, that is the useful sentence on this page.
Older Framing Helps the Arithmetic
Dimensional timber of the era common here chars on the surface rather than failing at connections, so members can frequently be assessed, cleaned back and retained with damaged sections replaced individually.
On property a family wants to keep, that difference can decide whether keeping it is affordable.
The City Neighbourhoods in Context
Where the same issue exists and nobody expects it, see our page about North Main and Augusta Road. Where holdings are larger, see our page for the northern county.
The Sections Behind a South Carolina Heirs Property File
Article 3 of Chapter 61 of Title 15 runs from section 15-61-310 to 15-61-420 and took effect on 1 January 2017. Section 15-61-320 sets the definition, which turns on tenancy in common and on at least 20 per cent of interests being held by relatives.
Section 15-61-360 requires a court-ordered appraisal, section 15-61-370 the cotenant buyout, and section 15-61-400 an open-market sale as the default where a sale is ordered.
City Neighbourhood Questions
Someone Offered to Buy My Share.
Take it to a South Carolina lawyer before answering. It is lawful to sell and very hard to undo.
We Cannot Afford to Clear the Title.
Ask a lawyer what programmes exist. Several organisations in this state work specifically on heirs' property title.
Will You Buy in the West End or Nicholtown?
Yes, from all the owners together, and never a fractional share from one of you.