Updated on September 1st, 2022
A South Dakota special warranty deed transfers real estate to a new owner (the grantee) and warrants that it is protected against encumbrances from when the former owner (the grantor) held the title. The deed language also provides assurances that the grantor holds clear title, and does have the right to transfer it. The deed says nothing to indicate that past owners (before the grantor’s ownership) kept the title clean, and the grantee will be responsible should any issues arise such as mechanic’s liens, unpaid taxes, and the like. Due to their limited protection, special warranty deeds are often used to convey commercial or foreclosed real estate.
- 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.
- Certificate of Real Estate Value (Form PT-56): Deeds cannot be filed if they are not accompanied by this form (§ 7-9-7(4)).
- Property Disclosure Statement (§ 43-4-38): Before completing a purchase, a prospective buyer of real estate must be given a disclosure statement with an honest report of the property condition.