Eversole Law Firm September 2018

The Title Abstract — Chain of Title Legal Stuff You Should Know in Beaufort County for development and sold in large chunks of acreage to wealthy northerners. Much of the remaining land was sold on the Sea Islands in 10-acre blocks or strips to freedmen who had acquired title by Head of Family Land Certificate. As the years passed, the owners who acquired a title by Head of Family Land Certificate died, and their heirs obtained ownership interests in the land through the laws of intestacy. For example, if the man who acquired title by a Head of Family Land Certificate died without having a will, one-third of the title would pass, by law, to his wife, and the remainder to his children in equal shares. When his wife died, her interest would pass to the children, and when the children died, their interests would go to their spouses and children, and so on. These lands are commonly referred to as “Heirs Property.” In the 1960s, large-scale land development began on the Sea Islands, where the post-Civil War generations lived on their small farms. Because of a lack of a chain of title in the public records as explained above, Quiet Title Actions were needed to obtain marketable title by court order. Once title was quieted, the property was sold to the developers who created many of the subdivisions that exist today. Even so, there is still a lot of heirs property in Beaufort County that requires court action if it is to ever become marketable.

A title abstract is the product of a search of the public records at the Office of

the Register of Deeds, the Clerk of Court, the Probate Court, and the Tax Assessor’s Office, which shows whether or not a piece of property has marketable

title. A marketable title means that there is an unbroken chain of title that can be traced back at least 40 years that identifies each owner of the property over time.

Beaufort County is unique, primarily because of its rich post-Civil War history. In 1861, when Federal troops occupied the area, they took over the plantations abandoned by the Confederates and set up districts under a General Order. Congress passed a Direct Tax law that placed a levy on all the abandoned property, totaling almost 131,000 acres. Approximately 77,000 acres were sold, and the remainder was reserved for government, education, and charitable purposes. The most challenging abstracting in the Beaufort area is within those 77,000 acres. Lands north and west of Beaufort were open

LEARNING

LEGALESE Late-Summer

Panzanella

Ingredients

Issue “Issue” has a multitude of meanings, including to send forth, to emit, or to promulgate, as in an order of a court. In decedent’s estates, “issue” means offspring, descendants, heirs of the body or, in simple terms, a person’s children.

Inspired by Bon Appétit magazine.

• 1 cucumber, sliced into rounds • 20 basil leaves, chopped

• 2 large tomatoes, cubed • 2 red bell peppers, seeded and cubed • 1/2 red onion, thinly sliced

• 1 small loaf French bread, cut into 1-inch cubes (6 cups) • 3 tablespoons extra-virgin olive oil

• Salt, to taste • Vinaigrette

Directions

1. In a large sauté pan, set to medium-low heat and add olive oil. Add bread and 1 teaspoon salt, and toss often for 10 minutes or until toasted. 2. In a large bowl, mix vegetables and herbs. Toss in bread and your favorite vinaigrette and mix again. 3. Serve immediately or let sit 30 minutes to allow the flavors to meld together.

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