What Is a South Dakota Quitclaim Deed?
A South Dakota quitclaim deed transfers a person’s interest in real estate to someone else. The person giving the property is the grantor, and the person receiving it is the grantee. South Dakota law recognizes this type of transfer when the grantor signs a written deed conveying their interest in the property (SD Codified L § 43-25-7).
A quitclaim deed transfers whatever ownership interest the grantor currently has in the property (SD Codified L § 43-25-8). If the grantor owns the property outright, the grantee receives full ownership. If the grantor only has partial rights, the grantee receives only that portion.
However, a quitclaim deed does not promise a clean title in South Dakota. The grantor makes no guarantees about ownership or past claims, meaning the grantee receives only the grantor’s existing interest, whatever that may be (SD Codified L § 43-25-8).
South Dakota Quitclaim Deed Requirements
South Dakota law sets a few basic rules for a valid quitclaim deed. The document needs to follow certain requirements so the transfer can be legally recognized and recorded.
The Deed Must Be in Writing and Signed
In South Dakota, a property transfer needs to be in writing and signed by the person transferring the property (the grantor) or their authorized agent (SD Codified L § 43-25-1). Verbal agreements can’t transfer real estate.
You can create the document using Legal Templates, which helps you include the required information and signature sections before recording the transfer.
The Deed Must Include Certain Information
A South Dakota quitclaim deed form also needs key details about the transfer and the property. These details identify the parties and describe the real estate being transferred. The document should include the:
- Grantor’s name and address
- Grantee’s name and mailing address
- Consideration amount (payment or value exchanged)
- County where the property is located
- Legal description of the property
- Date of the transfer
- Grantor’s signature
- An acknowledgment section for the notary (SD Codified L § 43-25-7)
- Name, address, and phone number of the person who prepared the deed (SD Codified L § 7-9-10)
Other South Dakota Quitclaim Deed Rules
South Dakota law includes a few additional rules that may affect how a quitclaim deed works:
- Using words like “remise,” “release,” or “quitclaim” in the deed may create limited implied covenants unless the deed says otherwise (SD Codified L § 43-25-11).
- A deed is still valid even if the grantor doesn’t use a seal. South Dakota law doesn’t require one for a valid property transfer (SD Codified L § 43-25-25).
South Dakota Quitclaim Deed Sample
View a sample to see what a completed South Dakota quitclaim deed looks like. You can then customize your own document and download it in Word or PDF format.
How to Record a Quitclaim Deed in South Dakota
Recording a quitclaim deed isn’t required for the transfer to be valid in South Dakota. However, recording it helps protect the grantee’s ownership by putting the public on notice of the transfer (SD Codified L § 43-25-3). If the deed isn’t recorded, later claims or competing transfers could cause issues. To record the deed, follow these steps:
1. Meet the Recording Requirements
Before you record the deed, it needs to meet South Dakota’s recording rules. First, the deed usually needs to be notarized (acknowledged) before the county will record it (SD Codified L § 43-25-26). The notary confirms the grantor’s identity and signature.
The document also has to follow state formatting standards. South Dakota requires real estate documents to meet rules for paper size, margins, legibility, and title placement (SD Codified L § 43-28-23). If the formatting doesn’t meet these standards, the county may reject the filing.
2. Complete the Certificate of Real Estate Value
When recording a quitclaim deed, South Dakota usually requires a Certificate of Real Estate Value (Form PT-56). You file this form with the deed so the state can track property transfers. It asks for information such as the:
- Buyer and seller’s names and addresses
- Legal description of the property
- Sale price or other consideration
- Relationship between the buyer and seller
- Payment terms if the property isn’t paid in full at closing
- Actual consideration exchanged, not just the listed price
3. File the Deed With the County Register of Deeds
Once everything is ready, submit the completed deed and the Certificate of Real Estate Value to the Register of Deeds in the county where the property is located. The Register of Deeds keeps the official records for land ownership and property transfers in the county. After recording, the deed becomes part of the public property record.
How Much Does It Cost to File a Quitclaim Deed in South Dakota?
South Dakota charges a real estate transfer fee when property is transferred. The fee is $0.50 for every $500 of the property’s value (SD Codified L § 43-4-21). In most cases, the grantor pays the fee, although the parties can agree to handle it differently. However, many quitclaim deed transfers don’t require the transfer fee. Common exemptions include:
- Transfers between spouses
- Transfers between a parent and child
- Gifts where no money or consideration is exchanged
- Transfers related to divorce or separation agreements (SD Codified L § 43-4-22)
You may also have to pay a recording fee when filing the deed with the county Register of Deeds. This fee covers the cost of adding the document to the county’s official property records.
