Updated April 12, 2024
A South Dakota general warranty deed is a document that transfers the ownership of real estate in fee-simple and the title without liens or encumbrances. The document must state that the grantor (seller) “grants, conveys and warrants” the described real estate to the grantee (buyer). It is important to include the property’s full legal description consisting of the book and page numbers, tax map and lot numbers, and any parcel ID.
Laws – Title 43, Chapter 25 – Deeds and Conveyances
Signing Requirements – Must be signed by one (1) subscribing witness or a Notary Public. If not acknowledged by a notary, the deed cannot be recorded unless proved by a subscribing witness.[1]
Notices and Disclosures
- Certificate of Real Estate Value – Must accompany the warranty deed when filing.[2]
- Statutory Form – SDCL § 43-25-5
Recording the Deed
All forms are to be filed with the Register of Deeds in the proper jurisdiction of the property.[3]