If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the court may issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.
Rule 70.Judgment for specific acts: Vesting title
Group VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 13, 2026
In one sentenceRule 70 gives courts several tools to force compliance with a judgment ordering a conveyance, document delivery, or other specific act, including appointing someone else to perform it, attachment, contempt, a title-vesting judgment, or a writ of assistance for possession.
Full Text of Rule 70
Notes
Note: This Rule 70 is the same as the Federal Rule except changing references to the State rather than the United States. It preserves the practice of allowing the clerk to issue writs of attachment or sequestration to obtain delivery of possession of property. The Rule represents no change to present State practice, but defines the court's powers more precisely.
Plain-English Summary
Some judgments cannot be satisfied with money; they require a party to do something — sign a deed, hand over documents, or perform some other specific act. Rule 70 answers the obvious follow-up question: what happens when that party refuses outright? The court can appoint someone else to do the act on the disobedient party's dime, and once done, it counts exactly as if the original party had done it.
The rule also arms the court with attachment or sequestration against the disobedient party's property to squeeze out compliance, and it leaves contempt on the table for appropriate cases. For real or personal property located within the state, the court does not even need someone to sign a conveyance; it can enter a judgment that divests title from one party and vests it in another, and that judgment stands in for a properly executed deed.
When the judgment is about possession rather than title, the rule streamlines things further: the party entitled to possession can get a writ of execution or assistance just by applying to the clerk, without a separate motion or hearing. Altogether, the rule ensures that a judgment requiring an act does not become an empty piece of paper just because the losing party would rather ignore it.
Frequently Asked Questions
What can a court do if a party refuses to sign a deed as ordered?
Under Rule 70, the court may direct that the conveyance be executed by another person appointed by the court, at the disobedient party's cost, and the resulting act has the same effect as if the original party had performed it.
Can a court just transfer title without anyone signing anything?
Yes, for property within the state. Rule 70 allows the court, instead of directing a conveyance, to enter a judgment divesting title from one party and vesting it in another, and that judgment operates like a properly executed conveyance.
Is contempt available if a party won't comply with a judgment to perform an act?
Yes. Rule 70 states that the court may, in proper cases, adjudge the disobedient party in contempt in addition to or instead of the other remedies listed.
How does a party get possession once a judgment awards it to them?
Rule 70 lets the party entitled to possession obtain a writ of execution or assistance by applying to the clerk, without needing a further court order.
Source & verification. Rule text, official Notes, and amendment
history are reproduced verbatim from the South Carolina Rules of Civil Procedure,
adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. ·
Official source
Also known as: judgment for specific actenforcing conveyance of landwrit of assistance scdivesting title judgmentcompelling compliance with judgment