Detailed Answer — What South Carolina law allows you to do

This answer explains what typically happens when one co-owner conveys real property without the other co-owner’s agreement and what legal remedies a non‑selling co-owner (or “neighbor” in your question) can pursue under South Carolina law. This is a general overview only; facts can change which remedy is best.

Basic legal framework for co‑ownership

Two common ways people own property together are tenancy in common and joint tenancy. In South Carolina, co‑owners generally may each sell or transfer their individual ownership interest, but a single co‑owner cannot normally unilaterally convey title to the entire property unless the deed being transferred actually included the other owner’s interest (for example, by a later deed executed by that other owner).

If one co‑owner signs a deed purporting to convey the whole property to a buyer, that deed transfers only the interest that co‑owner actually owned unless the buyer obtains the other owner’s interest by a separate valid conveyance or the buyer later acquires full title by other lawful means. A conveyance by one co‑owner may, however, create a cloud on title or lead to litigation.

Common remedies available to the non‑selling co‑owner

Typical legal actions a non‑selling co‑owner can bring in South Carolina include:

• Quiet title / action to remove a cloud on title: Ask the court to declare who really owns the property and to remove any wrongful deed or claim that clouds title. This is the remedy when a transfer improperly claims rights the seller did not have.
• Partition action: A non‑selling co‑owner can ask the court to partition the property. The court may order partition in kind (divide the property physically) or partition by sale (sell the property and split proceeds according to each owner’s interest). Partition is a common remedy to end co‑ownership when co‑owners cannot agree. See South Carolina statutes and provisions on actions for partition and the rules courts follow for partition actions: https://www.scstatehouse.gov/code.php (search “partition”).
• Injunction or temporary restraining order: If a wrongful deed or fraudulent sale is imminent or just occurred and immediate harm is likely (for example, an attempt to mortgage or resell the property), a court may enter emergency injunctive relief to preserve the status quo while the dispute is litigated.
• Rescission, reformation, or constructive trust for fraud or wrongdoing: If the sale involved fraud, forgery, undue influence, or clear misconduct by the selling co‑owner or the buyer, a court can rescind the sale, reform the deed, impose a constructive trust, or require the wrongdoer to convey proceeds to the harmed co‑owner.
• Money damages and accounting: A co‑owner can seek an accounting for rents, profits, or proceeds taken by the other co‑owner and request damages when the sale caused financial loss through breach of fiduciary duties or fraudulent conduct.
• Record remedies / lis pendens: Filing an action and a notice (for example, a lis pendens) can warn third parties about pending litigation and may affect the marketability of title until the dispute resolves.

How title to the property and marketability can be affected

If a buyer purchases an interest from only one co‑owner, that buyer usually acquires only that co‑owner’s share. The buyer will often appear on the chain of title and may hold a portion of the property. That creates a cloud or competing claim on title that a court may need to clear. If the buyer knew of defects or participated in fraud, the buyer’s protection as an innocent purchaser may be limited.

Practical steps the non‑selling co‑owner should take right away

1. Obtain and carefully review the deed(s) and the county land records to see what was recorded and exactly what interest was conveyed.
2. Preserve all documents, communications, and evidence relating to the ownership, agreements between co‑owners, and the sale transaction.
3. Consider contacting a real estate attorney promptly to evaluate urgent relief (such as an injunction or lis pendens) if the buyer plans further transfers or financing.
4. If the disputed transfer involved fraud, forgery, or falsified signatures, report the facts to the attorney and consider criminal referral as well as civil claims.
5. Consider mediation or settlement if co‑owners want a speedy, cost‑effective resolution — but only after consulting counsel so you understand your rights under South Carolina law.

Relevant South Carolina statutory guidance

Partition actions and related procedures are governed by South Carolina statutes and court rules. For statutory text and to locate the exact provisions that apply to partition and actions to clear title, consult the South Carolina Code of Laws: https://www.scstatehouse.gov/code.php. You can search the code for terms such as “partition,” “quiet title,” or “conveyance” to find the most relevant sections and procedural requirements.

When a buyer claims to be a good‑faith purchaser

Whether a buyer who bought from one co‑owner takes free of the other owner’s rights often depends on notice, recording issues, and whether the buyer acted in good faith. Title companies, recorded deeds, and the buyer’s knowledge of the co‑ownership dispute matter. An attorney can analyze the chain of title, recording dates, and any applicable recording statutes to determine how strong the buyer’s claim is.

How courts typically decide

Courts weigh the written deeds, the parties’ actual ownership interests, any evidence of fraud or misconduct, and equitable principles. Where fraud or forged signatures exist, courts generally favor rescission and restoration of rightful ownership or imposition of equitable remedies.

Key takeaway: A co‑owner who sells property without the other owner’s agreement does not automatically defeat the non‑selling owner’s rights. The non‑selling owner has several legal tools available under South Carolina law — quiet title, partition, injunctive relief, and equitable remedies — but the best option depends on the facts. Consult a South Carolina real estate attorney quickly to protect rights and preserve evidence.

Disclaimer: This is general information only and does not constitute legal advice. For advice about a specific situation, consult a licensed attorney in South Carolina.

Helpful Hints

• Act quickly to preserve rights. File actions or ask an attorney about emergency relief if transfers or mortgages are imminent.
• Get certified copies of the recorded deed(s) and the complete chain of title from the county recorder’s office.
• Keep originals and copies of all communications between co‑owners and any documents related to the sale.
• Check whether there is title insurance; a title policy may provide a claims route for covered losses.
• Do not agree to sign anything or accept payment without legal advice — signing new documents can waive rights.
• Consider mediation to settle ownership disputes faster and more cheaply than litigation, if that meets your goals.
• Ask an attorney about recording a lis pendens or similar notice to alert potential buyers or lenders to a pending dispute.
• If you suspect fraud or forgery, preserve the property (photos, locks, access records) and consider both civil and criminal options.