Recording a deed in Brown County, South Dakota

Recording a deed in Brown County

Deeds affecting property in Brown County, South Dakota are recorded with the Register of Deeds. Recording is what puts the world on notice of your ownership and fixes the priority date. An unrecorded deed can still transfer title between the parties, but it leaves you exposed to anyone who records first.

The recording rules the office applies come from S.D. Codified Laws § 43-28-1. Deeds themselves are governed by S.D. Codified Laws § 43-25-1.

What to bring

• The original signed and notarized deed. Recorders do not record photocopies handed over the counter.
• A completed notarial acknowledgment, with the date, the place where you signed, and the commission expiry all filled in.
• A completed Certificate of Real Estate Value (Form PT 56) with every deed except a transfer on death deed (S.D. Codified Laws § 7-9-7). The transfer fee, if the deed does not state an exemption on its face (§§ 43-4-23, 43-4-24).
• Payment for the recording fee, $30 for up to 50 pages and $2 for each page after that. Many offices do not take personal checks.

Formatting

• Print on white paper of at least 20-pound weight, in black type no smaller than 10 point. Signatures, dates and the notary's certificate may be completed in black or dark blue ink (S.D. Codified Laws § 43-28-23(2), (3)).
• The 3-inch space at the top of page one is shared: the right half is for the register of deeds, and the left half is for the preparer's "Prepared by" block. The title goes directly below that space (S.D. Codified Laws § 43-28-23(4), (5)). Deedly prints the "Prepared by" block and the return address in the left half and the title directly below the space.
• Deedly's layout, which suits this office: 8.5 × 11 inch paper, a 3-inch space at the top of the first page (the right half for the register of deeds, the top left for the "Prepared by" block and the return address, and the title directly below it), 1-inch margins on the other edges, and type no smaller than 10 point. Deedly formats every document this way automatically.
• A legal description. A street address alone is not enough.
• A 'when recorded, return to' block so the stamped original comes back to you.

How to file

1. 1In personTake the original to the Register of Deeds in Aberdeen. This is the fastest route. You usually walk out with the recording information the same day.
2. 2By mailSend the original with a check or money order for the fee and a self-addressed stamped envelope. Allow one to three weeks for the stamped original to come back.
3. 3E-recordingMany South Dakota registers of deeds, but not all, accept e-recording through delivery agents such as Simplifile or CSC. The delivery agent charges its own subscription and per-document fees, so for a single deed recording in person or by mail is usually simpler.