South Dakota Special Warranty Deed Form

Updated February 02, 2022

A South Dakota special warranty deed allows the transfer of ownership from a grantor (seller) to a grantee (buyer) of real property with limited guarantees. The deed guarantees that no claims have been made on the property during the grantor’s term as the owner. The grantee will be responsible for any liens, encumbrances, or claims prior to the grantor’s ownership.

Laws – Title 43, Chapter 25 – Deeds and Conveyances

Certificate of Real Estate Value (SDCL § 7-9-7) – Must be affixed to the Deed when recording.

Recording (SDCL § 43-28-1) – All forms are to be filed with the Register of Deeds in the proper jurisdiction of the property.

Signing (SDCL § 43-25-26) – 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.

How To Write

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I. Preparation For South Dakota Submission

(1) Name Of Statement Preparer. The declaration of the South Dakota Real Property Owner will need to be prepared with information regarding his or her intent to release property. As this declaration’s Preparer, supply your legal name to the top of the page.

(2) Business Address For Contact. Any clerical issues that may be found during (or after) the registration process will have to be cleared up. Present your mailing address as this statement’s Preparer as a matter of convenience to Reviewers seeking to clarify or change the reports supplied to this paperwork.

II. Target Recipient Of Filed Statement

(3) Deed Recipient. The South Dakota Register of Deeds Office is obligated to effect the return of the original document. Name the Party to whom the South Dakota Register Of Deeds Office is authorized to release this conveyance statement to upon the a successful filing process.

(4) Mailing Address For Return Action. Naturally, in addition to naming this deed’s Authorized Recipient, the South Dakota Register of Deeds will require the mailing address where this document should be sent.

III. South Dakota Grantor

(5) South Dakota Real Property Owner. The real property at the center of this declaration must be found in South Dakota in order for its Owner to be considered the South Dakota Grantor executing this conveyance. Each of the South Dakota property’s Owners must be established as such with a record of his or her name in the first paragraph.

(6) South Dakota Grantor Address. The full residential address of the South Dakota Grantor will be used to aid in verifying his or her identity. Since it will not be taken for granted that he or she is a resident of South Dakota, three areas have been designated for a display of his or her street address, County, then State of residence. Begin with the street address making sure to also include any unit number needed to physically visit the South Dakota Grantor.

(7) County And State Of South Dakota Grantor Residence.

IV. Transaction Details

(8) Submitted Consideration. The payment made for the South Dakota property the Grantor intends to release through this execution must be discussed. Present the full amount in its written form across the space provided.

(9) Confirming The Amount. A second presentation of the payment made to the South Dakota Grantor should be made in the parentheses. This must be a numerical entry of the payment received.

V. South Dakota Grantee

(10) Buyer Of South Dakota Property. The South Dakota real property will be claimed by this document’s Grantee. This action can only be accomplished if the South Dakota Grantee is specifically named as such. Produce his or her legal name to the conveyance statement made.

(11) Home Address Of South Dakota Grantee. Deliver the street address then the County and State of the South Dakota Grantee’s home to this statement utilizing the three spaces reserved.

VI. South Dakota Real Property

(12) South Dakota County. This real property, as mentioned, must be physically located in the State of South Dakota. Indicate which South Dakota County the real property is found by delivering its full name where requested.

(13) Legal Description Of Real Property. The South Dakota Grantor’s property will need to be well defined so that it can properly trade hands. Thus, after referring to the last registered deed for this property or the Register of Deeds where it was filed, dispense its legal description. This should be an exact transcription of the legal description either of these sources have on record for the property.

VII. Signing The South Dakota Statement

(14) South Dakota Grantor Signature. This paperwork will only become acceptable for filing with a production of the South Dakota Grantor’s signature. Each South Dakota Grantor (named above) will need to personally sign this document before either one Adult Witness or one Notary Public.

(15) South Dakota Grantor’s Name And Address. After signing, the printed name and address of each Signature Party will be the next required submission that the South Dakota Grantor must produce to this form.

VIII. Verification Of The South Dakota Statement

(16) Witness’s Signature. The signature made by the South Dakota Grantor will have been witnessed by at least one Witness or a Notary Public. If a Witness shall act as the means of authentication for the South Dakota Grantor’s signature, then he or she (the Witness) must sign his or her name after watching the South Dakota Grantor’s actions above.

(17) Witness Printed Information. After submitting his or her testimonial signature, each Witness must print his or her legal name and display the address where he or she lives.

(18) Notary Public. The Notary Public attending the South Dakota Grantor’s execution of the instrument above will take control of this paperwork during the signing process to produce documentation of the notarization process. Only a licensed Notary Public attending this signing may perform this task.