These three documents come up constantly in SC boat transfers, and they get confused just as often. A lot of buyers think a bill of sale proves they own the boat. It doesn’t. A lot of sellers think any signed paper will do. It won’t.
Here’s what each document actually does, when SCDNR requires it, and which situations call for which.
Quick Comparison
| Document | What it proves | When SCDNR requires it | Notary required |
|---|---|---|---|
| Title | Legal ownership of the vessel | Always, if one exists | No (signed on back) |
| Bill of Sale | That a transaction occurred | When title is missing; with out-of-state transfers | Yes (when no title) |
| Affidavit | Sworn statement explaining unusual ownership circumstances | Varies (estate, never-titled boats, gifts) | Yes (always) |
The Title
The title is the only document that actually proves you own a boat. Everything else is supporting evidence.
In South Carolina, SCDNR issues titles for all motorized vessels and all vessels over 14 feet, regardless of motor. The title lists the vessel description, HIN, owner name, and any lien holder.
Front of the title: Contains vessel and owner information. You verify this matches what you’re buying.
Back of the title: This is where the transfer happens. The current owner (or all current owners) sign here to release the vessel to you. If the title says “and” between two names, both must sign. If it says “or,” one signature is enough.
Liens on the title: If a bank or lender financed the boat, they appear as a lien holder on the title. The lien must be released (in writing, from the lender) before SCDNR will process a transfer to a new owner.
Once you submit the BTR-1 with the signed title, SCDNR cancels the old title and issues a new one in your name. That new title is your proof of ownership.
The Bill of Sale
A bill of sale is a record of a transaction. It documents who sold what, to whom, for how much, and when. It does not transfer ownership by itself.
SCDNR requires a notarized bill of sale in situations where a title is unavailable. It supplements the transfer process but does not replace the title requirement. If no title exists (lost, never issued, from a state that doesn’t title boats), SCDNR uses the bill of sale along with other steps to establish a chain of ownership before issuing a new SC title.
The right form to use: Section H of the BTR-1 is the official SC bill of sale. Use it. Generic templates from the internet may be missing required fields or language that SCDNR needs. If you use Section H and have it notarized, you’re covered.
When a bill of sale is required:
- No title exists and you need to establish ownership
- Out-of-state transfers (many states require a bill of sale alongside the title)
- Family transfers (used alongside the BTR-1 Section I exemption)
When a bill of sale is not enough:
- A bill of sale alone cannot substitute for a title when one exists
- If the boat has a title in someone else’s name, that person needs to sign the title, not just provide a bill of sale
The Affidavit
An affidavit is a sworn, notarized written statement. In boat transfers, it’s used when normal ownership documentation isn’t available and someone needs to formally explain why.
This comes up most often in three situations:
Inherited boats: The original owner passed away and the boat was never transferred out of their name. An affidavit from the estate executor or heir, combined with supporting documents (death certificate, probate paperwork), establishes who now has the right to transfer the vessel.
Never-titled boats: Older boats and vessels bought in states that didn’t issue titles may have no title at all. SCDNR may require an affidavit of ownership explaining the history of the vessel and how the current seller acquired it.
Family gifts: When a boat is given rather than sold, Section I of the BTR-1 functions as an affidavit for the family transfer exemption. This is a sworn statement that the transfer qualifies as a gift between qualifying family members, which exempts the recipient from the 5% Casual Excise Tax.
Affidavits must always be notarized. The content matters: a vague “I own this boat” statement won’t work. The affidavit needs to explain the specific circumstances that make normal documentation unavailable.
Real Scenarios
Lost Title
You buy a boat and the seller says the title was lost years ago. SCDNR’s process:
- The seller should have requested a duplicate title from SCDNR before the sale (costs $5). That duplicate can then be transferred normally.
- If you’ve already purchased and don’t have the title: file the BTR-1 with a notarized bill of sale (Section H) and pay the $5 duplicate title fee. SCDNR will research the title history and issue a new one in your name if the chain of ownership checks out.
The problem: if the “lost” title actually has a lien on it, this process will surface that lien and you won’t be able to complete the transfer without a lien release.
Gifted Boat (Family Transfer)
Your parent is signing over their boat to you. You pay nothing for it.
Documents needed:
- Signed original SC title (signed on the back by the gifting party)
- Completed BTR-1 with Section I filled out and signed (the family transfer affidavit)
- Paid property tax receipt from your county
The benefit: the sworn statement in Section I exempts you from the 5% Casual Excise Tax. On a $20,000 boat, that’s a $500 savings.
Old Boat with No Paperwork
You find a 1978 runabout that someone has had in their barn for 20 years. No title, no registration, no bill of sale from when they got it.
This is a difficult transfer. SCDNR will likely require:
- A notarized affidavit of ownership explaining how the current person acquired the vessel
- Any supporting evidence of ownership (old registration, purchase receipt, even photos from the era)
- A $5 title fee and full application
There’s no guarantee SCDNR will issue a title based on an affidavit alone. In some cases they will investigate further or require additional documentation. The older and more undocumented the boat, the harder this gets.
Out-of-State Boat with a Lien Release
You buy a boat from someone in Georgia. Their Georgia title shows a loan from a bank that has since been paid off.
Documents needed:
- Original Georgia title (transferring ownership to you on the back)
- Written lien release from the Georgia bank, on bank letterhead
- Notarized bill of sale
- Pencil tracings or photos of HIN and motor serial number
Do not proceed without the lien release in hand. Georgia’s title system may still show the lien as active even after payoff, and SCDNR will not process the transfer until it’s cleared.
Get the Forms Right the First Time
BoatForms generates a completed BTR-1 (including the bill of sale in Section H and the family transfer affidavit in Section I) based on your specific situation. It also tells you exactly which documents to include when you submit. Free to use.