A South Dakota general warranty deed records the conveyance of real estate and provides the new owner (the grantee) a complete warranty of title. The covenants included therein protect the grantee against all encumbrances (e.g., liens, third-party claims, unpaid taxes, etc.), whether they were created during the current grantor’s period of ownership or before. If, for example, a mechanic’s lien is discovered after the deed has been signed, the grantor will be legally responsible for settling the claim. A general warranty deed’s covenants also provide assurance that the grantor does in fact hold property title, which means that they can legally transfer it to the grantee.
- Statutes: § 43-25-5 & § 43-25-6
- Formatting: § 43-28-23
- Signing Requirements (§ 43-25-26): Notary Public or Witness
- Certificate of Real Estate Value (Form PT-56): To be included with the deed at the time of recordation (§ 7-9-7(4)).
- Where to record: County Register of Deeds Office
- Recording fees (§ 7-9-15): $30 for the first fifty (50) pages and $2 for each additional page.