Any person coming into possession of a watercraft or outboard motor without proper proof of ownership must apply to the department for a title using the form prescribed by the department. The application must be supported by an affidavit setting forth the circumstances under which the watercraft or outboard motor was acquired. The applicant must attempt to notify the last known titled or registered owner and any lienholder of record by certified mail of the application. The applicant must provide the department with proof of mailing.
The applicant must publish an advertisement in a newspaper of general circulation in the county of residence of the last known owner of record for three successive issues. If there is no prior owner of record, the advertisement must be published in the county where acquired. The advertisement must be as prescribed by the department in the application. Proof of advertising must be submitted to the department.
Thirty days after the date of the last advertisement if no claim of interest or ownership is made and the item has not been reported stolen, the department shall issue a clear title. If the item is reported stolen, the department shall dispose of the item according to law.
If there is a claim of interest adverse to the applicant, the department shall not issue a title until the issue is resolved. The parties may apply to a court of competent jurisdiction for resolution.
HISTORY: 1989 Act No. 190, Section 19; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 23, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment rewrote this section which previously provided for issuance of a conditional title.
Structure South Carolina Code of Laws
Title 50 - Fish, Game and Watercraft
Chapter 23 - Watercraft And Outboard Motors
Section 50-23-10. Marine dealer's permits.
Section 50-23-11. Dealer demonstration numbers; unauthorized use; penalties.
Section 50-23-12. Change in status forms required for trade-ins.
Section 50-23-20. Watercraft titles; notification of transfer.
Section 50-23-35. Watercraft title issuance; tax payment proof required; exceptions.
Section 50-23-55. Certificate of title as evidence of ownership; watercraft from other states.
Section 50-23-60. Application for certificate; late penalty.
Section 50-23-90. Contents of certificate; effect as evidence.
Section 50-23-110. Statement of origin.
Section 50-23-125. Electronic transmission of information for watercraft title.
Section 50-23-140. Priority and validity of liens and other encumbrances; discharge of liens.
Section 50-23-150. Lost, stolen, or mutilated certificate; issuance of duplicate certificate.
Section 50-23-170. Serial number or hull identification number.
Section 50-23-185. Inspection of watercraft related facilities.
Section 50-23-210. Suspension or revocation of certificate.
Section 50-23-220. Deposit and use of funds.
Section 50-23-240. Filing and publication of rules and regulations.
Section 50-23-250. Employment and duties of investigators.
Section 50-23-260. List of owners furnished to county auditors.
Section 50-23-270. False statement in document or other submission to department; penalty.
Section 50-23-275. Watercraft not previously titled.
Section 50-23-310. Numbering of vessels.
Section 50-23-320. Exceptions.
Section 50-23-330. Conformity to United States Government numbering system.
Section 50-23-340. Application for and issuance of number and certificate; fee.
Section 50-23-345. Temporary certificate of number.
Section 50-23-350. Issuance of certificates of number by agents.
Section 50-23-360. Display of number.
Section 50-23-370. Expiration and renewal.
Section 50-23-380. Transfer of registration upon change of ownership; fee.
Section 50-23-385. Houseboats with waste-holding tanks; indefinite mooring; waste pump-out.
Section 50-23-400. Notice of change of address.