An adverse claim to the contents of a safe deposit box, or to property held in safekeeping, is not sufficient to require the lessor to deny access to its lessee unless:
(1) The lessor is directed to do so by a court order issued by a court of competent jurisdiction; or
(2) The safe deposit box is leased or the property is held in the name of a lessee with the addition of words indicating that the contents or property are held in a fiduciary capacity, and the adverse claim is supported by a written statement of facts disclosing that it is made by or on behalf of a beneficiary and that there is reason to know that the fiduciary will misappropriate the trust property.
A claim is also an adverse claim where one of several lessees claims, contrary to the terms of the lease, an exclusive right of access, or where one or more persons claim a right of access as agents or officers of a lessee to the exclusion of others as agents or officers, or where it is claimed that a lessee is the same person as one using another name.
HISTORY: 1962 Code Section 8-506; 1952 (47) 1932.
Structure South Carolina Code of Laws
Title 34 - Banking, Financial Institutions and Money
Chapter 19 - Safe-deposit Boxes
Section 34-19-10. Definitions.
Section 34-19-20. Safe deposit business authorized.
Section 34-19-30. Lease of box to minor.
Section 34-19-40. Access to box of fiduciary.
Section 34-19-50. Access to box of decedent; removal of contents.
Section 34-19-60. Refusal of access because of adverse claim.
Section 34-19-70. Opening box when rental is one year in default.
Section 34-19-80. Sale of contents unclaimed for two years.
Section 34-19-90. Disposition of proceeds of sale of contents.
Section 34-19-100. Destruction of private documents of no apparent value.
Section 34-19-110. Use of words "safe deposit" or "safety deposit".