A South Dakota deed records the transfer of property from one party (the grantor) to another (the grantee). It contains the names of both parties, a property description, and the consideration (unless none was provided). A deed may provide warranty against title claims and encumbrances, depending on the type of instrument used in the transaction. Warranty deeds provide the grantee with protection against liens and ownership claims should any come up, while quitclaim deeds transfer the property as is.
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Types (5)
Deed of Trust – Used when purchasing a home with financing. The deed assigns the title to a trustee until the purchaser repays their debt.
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Quitclaim Deed – This deed cannot attest the grantor as the legal owner of the title, nor does it provide the grantee protection against title defects.
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Special Warranty Deed – A deed wherein the grantor provides warranty against title encumbrances that appeared under their ownership but not under the ownership of previous title holders.
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Transfer on Death Deed – Allows a beneficiary to inherit a title when the owner passes away.
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Warranty Deed – The grantor assumes responsibility for all title encumbrances that may arise.
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Laws & Requirements
- Statutes: Chapter 43-25 – Deeds and Conveyances
- 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) (§ 7-9-7(4)): Must be included when filing a deed.
- Property Disclosure Statement (§ 43-4-38): Before a purchase of residential real estate is finalized, the buyer must be furnished this disclosure statement detailing the property’s condition.
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