South Dakota general warranty deed

What a general warranty deed does in South Dakota

A general warranty deed transfers ownership and adds the full set of title covenants: the grantor promises they own the property, have the right to sell it, that it is free of undisclosed encumbrances, and that they will defend the title against any claim, including claims that arose long before they owned it. It is the standard instrument for an arm's-length sale between private parties.

The South Dakota law behind this deed

Start with S.D. Codified Laws §§ 43-25-5, 43-25-6 if you want to read the statute's own language. The table below lists the main statutes behind the rules on this page.

When South Dakota property owners use a general warranty deed

• Sell a property directly to a buyer without an agent
• Transfer a property where the buyer expects full title protection
• Satisfy a purchase contract that calls for a warranty deed
• Convey property where a title company requires warranty covenants

What South Dakota requires on the deed

These are the execution and formatting rules for South Dakota deeds. A register of deeds may not refuse a deed only for a format defect unless it cannot be read or copied (S.D. Codified Laws § 7-9-15). But a deed must carry the preparer's name, address and telephone number (§ 7-9-1), and a register may not record one without the grantee's post office address or a Certificate of Real Estate Value (§ 7-9-7).

How to complete and record it in South Dakota

1. 1Find your current deedYou need the legal description from it, word for word. If you can't find your copy, the Register of Deeds can provide one, usually for a few dollars.
2. 2Identify everyone by full legal nameNames must match the current deed and government ID exactly, middle names included. A mismatch creates a gap in the chain of title that shows up years later at closing.
3. 3Complete the deedDeedly builds it with the wording, notary certificate, and 3-inch first-page margin used for South Dakota deeds.
4. 4Sign in front of a notaryBring photo ID. Wait to sign until you are in front of the notary: you have to appear before the notary anyway, and signing there leaves no question about who signed.
5. 5Complete Certificate of Real Estate Value (Form PT 56)South Dakota requires this alongside the deed, including for exempt transfers. Your filing packet explains which boxes apply to your situation.
6. 6Record it with the Register of DeedsFile in the county where the property is located and pay the recording fee. Many 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. Keep the stamped receipt. It fixes your priority date.
7. 7Update insurance and tax recordsA change of ownership can affect your homeowner's policy, your homestead or senior exemption, and in some states the assessed value. Do this within a few weeks.

What it costs in South Dakota

South Dakota charges a real estate transfer fee of $0.50 for each $500 of value or fraction of $500. The grantor pays it by law (S.D. Codified Laws § 43-4-21).

Exemptions that commonly apply to a transfer like this: transfers between spouses or between parent and child for only a nominal payment (SDCL 43-4-22(5)), absolute gifts between individuals with no consideration of any kind (SDCL 43-4-22(16)), deeds into your own living trust and other transfers for which no consideration was given (SDCL 43-4-22(18)), and transfers under a divorce decree or a settlement agreement the decree approves (SDCL 43-4-22(17)). An exempt deed must say "Exempt from Transfer Fee" and cite the subdivision of SDCL 43-4-22 on its face (S.D. Codified Laws § 43-4-23). Deedly prints that line, with the subdivision filled in when your answers show which exemption applies.

Where to record it in South Dakota

South Dakota deeds are recorded with the Register of Deeds in the county where the property sits, not where you live. There are 66 counties in South Dakota.

Many 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.

Recording offices we cover in South Dakota: Minnehaha, Pennington, Lincoln, Brown. See all South Dakota recording offices.

What a general warranty deed does NOT do

Being honest about the limits is more useful than a sales pitch. Every one of these catches somebody out.

• The covenants only bind the grantor personally. If they have no assets, a covenant claim may be worth little.
• It does not replace title insurance or a title search. It gives you a claim after the fact, not clean title today.
• It does not avoid probate and cannot be revoked once delivered and recorded.
• Signing one when you don't actually know the property's history exposes you to real liability. Where that is a concern, a special warranty deed is the safer instrument.

Quirks of South Dakota law that catch people out

• Page one must say "Prepared by" with the preparer's name, address and telephone number (S.D. Codified Laws § 7-9-1).
• Every deed that transfers an interest needs a Certificate of Real Estate Value (Form PT 56), except a transfer on death deed (§ 7-9-7).
• An exempt deed must say "Exempt from transfer fee" and cite the subdivision of § 43-4-22 on its face (§ 43-4-23).
• The deed must give the grantee's post office address (§ 7-9-7).
• If you are married and the property is your homestead, your spouse must sign too (§ 43-31-17).

How to hold title in South Dakota

When two or more people take title in South Dakota and the deed says nothing more, the law presumes a tenancy in common, which means no automatic survivorship. If you want the survivor to take the whole property, the words have to be on the deed. Forms of co-ownership available in South Dakota: joint tenancy with right of survivorship and tenancy in common.