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 the property into a trust.
A quitclaim deed is much different than a warranty deed, which provides specific title and ownership warranties and offers the grantee the greatest protection.
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 expect, there is usually no legal recourse.
Important Laws & Requirements
The following are important laws and requirements for South Dakota quitclaim deeds.
South Dakota Codified Laws § 43-25-7
Per South Dakota Codified Laws § 43-28-23, all documents submitted for recording must be printed, typewritten, or computer generated in black ink.
They also must be in larger than 10-point type, have at least 3 inch top margin on the first page and a 1 inch minimum for all other margins.
South Dakota quitclaim deeds must be smaller than 8.5 by 14 inches and larger than 8.5 by 11 inches, contain a title prominently displayed at the top of the first page, and be sufficiently legible to reproduce a readable copy.
Per South Dakota Codified Laws § 43-25-26, the grantor must sign SD quitclaim deeds before a notary public or a subscribing witness.
Per South Dakota Codified Laws § 43-28-1, quitclaim deeds must be recorded with the County Register of Deeds’s Office in the county where the real property is located.
Per South Dakota Codified Laws § 43-4-21, a real estate transfer fee is imposed at the rate of $.50 for each $500 of value and the grantor will pay the fee. There are exemptions to the transfer fee under South Dakota Codified Laws § 43-4-22.
Per South Dakota Codified Laws § 7-9-7, a completed Certificate of Real Estate Value (PT 56) Form must be filed with the deed at the recording time.
How to Write & File a Quitclaim Deed in South Dakota
Take the following steps to write and file a quitclaim deed in South Dakota.
Step 1 – Obtain the South Dakota Quitclaim Deed Form
Download the SD quitclaim deed form. Fill in the form digitally or by hand.
Step 2 – Fill in Grantor’s Details
List information about the grantor, who is the person selling or giving away the property. Fill in the grantor’s full name and his or her address, including the state and zip code, after the first blank where you have identified the grantor.
Step 3 – Enter Grantee Information
List information about the grantee, the person receiving the property. Write out the grantee’s full legal name in the blank beside where you identify him or her and then his or her address.
Step 4 – Write Preparer and ‘Return To” Names and Addresses
Report the name and mailing address of the person who prepared the form under the “prepared by” section as well as the person who should receive the recorded deed under the “return to” address section.
Step 5 – Note Property’s County
Fill in the county where the property is located.
Step 6 – Fill in Consideration
Write the value of money that was exchanged, if any, beside the dollar sign ($). You will have to write the numeric value, as well as the words spelled out, as if you were writing a check.
Step 7 – Enter Property’s Legal Description
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 – Get Quitclaim Deed Notarized
The grantor must sign before a notary public and have the notary public acknowledge the form or sign before a subscribing witness.
Step 9 – Complete Certificate of Real Estate Value
Complete the Certificate of Real Estate Value and attach it to the deed.
Step 10 – File Quitclaim Deed
File your quitclaim deed with the County Register of Deeds’s Office in the county where the property is located and pay the appropriate fees.
South Dakota Quitclaim Deed Sample
Below is an example of what a South Dakota quitclaim deed looks like.