A South Dakota quitclaim deed is a conveyance instrument for real property that does not guarantee the title’s condition or the grantor as the legal title holder. If a claim, such as a mechanic’s lien, arises after the property has been conveyed under a quitclaim deed, the grantor will not be held accountable.
Quitclaim deeds are often used for transfers between relatives or other close relationships rather than in real estate sales. A quitclaim deed can also be used to perfect a title defect (e.g., a misspelled name, a missing signature, etc.).
- Statutes: § 43-25-7
- Formatting: § 43-28-23
- Signing Requirements (§ 43-25-26): Notary Public or Witness
- Where to Record (§ 43-28-1): County Register of Deeds Office
- Recording Fees (§ 7-9-15): $30 for the first fifty (50) pages and $2 for each additional page.
- Forms:
- Certificate of Real Estate Value (Form PT-56): Must be filed with the Register of Deeds when recording a deed (§ 7-9-7(4)).
- Property Disclosure Statement (§ 43-4-38): Reports a property’s condition to prospective buyers before they make a purchase decision.