What Is a South Dakota Quitclaim Deed?
A South Dakota (SD) quitclaim deed is a legal document that transfers whatever ownership interest in a property one person (the grantor) has, if any, to another person (the grantee).
Quitclaim deeds often provide for a quick transfer of real property, which is why they are sometimes (incorrectly) referred to as a “quick claims deed” or “quickclaims deed.” They may also sometimes be called “quit claims deed.”
These deeds are often used to transfer property between family members, to remove a property owner from a deed, or to place property in a trust.
A quitclaim deed is much different than a warranty deed, which provides the greatest protection and specific guarantees to a person purchasing real property. In contrast, a quitclaim deed provides no guarantees – not even that the grantor is the rightful owner of the property. Because there are no guarantees, the grantee takes on more risk. If the grantee does not receive the type of ownership interest they expected, there is usually no legal recourse.
Important Laws & Requirements
- Law:§ 43-25-7
- Signing: (§ 43-25-26) SD quitclaim deeds must be signed in front of a notary public or a witness
- Recording: Quitclaim deeds must be recorded with the County Recorder’s Office in the county where the real property is located.
- Attachments: You must attach a completed Certificate of Real Estate Value to the deed when you record it.
How to Write & File a Quitclaim Deed in South Dakota
Step 1: Download the SD quitclaim deed form. Fill in the form digitally or by hand.
Step 2: List information about the grantor, who is the person selling or giving away the property. Fill in the grantor’s name of in each blank where the form identifies the grantor. Fill in his or her address, including the state and zip code, after the first blank where you have identified the grantor.
Step 3: List information about the grantee, the person receiving the property. Write out the grantee’s full legal name in the blank beside where you identify him or her and then his or her address.
Step 4: Report the name and mailing address of the person who should receive the filed deed under the “return to” address section.
Step 5: Fill in the county where the property is located.
Step 6: Write the value of money that was exchanged beside the dollar sign ($). You will have to write the numeric value, as well as the words spelled out, like if you were writing a check.
Step 7: Write out the full legal description of the property. Copy it verbatim from the most recent deed for the property. Also, include the address and Tax Parcel ID Number in this section.
Step 8: Sign in front of a notary public and have the notary public acknowledge the form. The grantor and grantee must both be present and sign.
Step 9: Complete the Certificate of Real Estate Value and attach it to the deed.
Step 10: File your quitclaim deed with the County Recorder’s Office in the county where the property is located.