South Dakota Quitclaim Deed Requirements

A quitclaim deed in South Dakota transfers property without providing a warranty of ownership or a free and clear title if it’s one without covenants. You may use a quitclaim deed without covenants to transfer property to an ex-spouse in a divorce or property settlement, remove or add a spouse to the title, and modify co-ownership terms.

Learn the requirements you must follow when writing and recording your quitclaim deed, including seeking the signature of a notary public or at least one subscribing witness.

Legal Framework

South Dakota quitclaim deed laws establish covenants for real estate transfers unless your quitclaim deed specifically states it is without covenants. SD Codified Laws § 43-25-8 outlines the legal framework for using a quitclaim deed but doesn’t exempt the grantor from implied covenants.

Covenants automatically implied in a property deed include the following, per SD Codified Laws § 43-25-6:

• The grantor is the lawful owner and has the legal right to convey the property
• The property is free of all encumbrances
• The grantor warrants the grantee’s quiet and peaceful possession of the property
• The grantor will uphold the title against lawful claims

A grantor who wants a traditional quitclaim deed should use the term “quitclaim deed without covenants.” This phrasing allows the grantor to transfer their interest in the property without making any guarantees about title or ownership.

Legal Description

Any conveyance of real property, such as a parcel of land and structures permanently attached to the land, must include a legal description of the transferred property. Per SD Codified Laws § 7-9-10, a legal description should be sufficient to perfectly identify the transferred real estate. It may include the following:

• Street address
• City, town, or municipality
• Subdivision name
• Parcel number
• Metes and bounds

Signing

A quitclaim deed must have the grantor’s signature and be witnessed by a notary or single subscribing witness, per SD Codified Laws § 43-25-26. Electronic signatures are acceptable, per SD Codified Laws § 7-9A, also called the Uniform Real Property Electronic Recording Act.

Terminology

SD Codified Laws § 43-25-7 specifies language for a standard quitclaim deed. However, it is important to remember that a standard South Dakota quitclaim deed acts as a special warranty deed. The grantor relinquishes their right to the property, but they are still liable for title or ownership guarantees unless they specifically state that it is a “quitclaim deed without covenants.”

Language should clearly state that there is no implied or express warranty or covenants of title, including covenants and warranties implied in the state’s laws.

Per SD Codified Laws § 43-25-11 and SD Codified Laws § 43-25-10, the following words in a quitclaim deed can also imply covenants if your deed doesn’t state otherwise:

• Remise
• Release
• Quitclaim
• Grant

Additional Documents

When transferring property via a quitclaim deed, you must include a Certificate of Real Estate Value (PT-56) form, per SD Codified Laws § 7-9-7.

The Register of Deeds accepting this certificate should only accept it if it contains the following information:

• The buyer’s and seller’s names and addresses
• The buyer and seller’s relationship (if any)
• The property’s legal description
• The actual consideration the parties exchanged
• The payment terms if the buyer didn’t make a full payment at the time of the sale

Filing

According to SD Codified Laws § 43-28-1, you must record your quitclaim deed with the Register of Deeds in the county where the property is built.

Validity Requirements

SD Codified Laws § 43-28-23 establishes format standards for real estate documents, such as quitclaim deeds. Documents must:

• Be printed on white paper at least 20-pound weight.
• Consist of sheets no larger than 8.5 in. x 14 in. (legal size) and no smaller than 8.5 in. x 11 in. (standard size).
• Be printed or typed in black ink in a 10-point or larger font. Dates, notarial acknowledgments, and signatures can be written in black or dark blue ink.
• Include a 3-inch space at the top of the first page. All other margins in the document must be at least 1 inch.
• Include a prominently displayed title at the top of the first page below the 3-inch space.
• Be legible enough for the register of deeds to produce a readable copy.

Per SD Codified Laws 7-9-15, if your document doesn’t meet the above validity requirements, the Register of Deeds cannot reject it unless it is not sufficiently legible or the office can’t copy it using its reproduction methods.

Content Requirements

Your quitclaim deed must include the following information for the register of deeds to accept it:

• Full names of the grantor and grantee.
• Grantee’s mailing address.
• Deed preparer’s name, address, and phone number.
• Legal property description.
• The property’s homestead status.
• The grantor’s marital status.
• Vesting clause transferring the real estate property.
• Consideration amount.
• Exemption from transfer fee (if relevant).

Quitclaim Deeds vs. Other Property Transfer Methods