South Dakota Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. South Dakota codifies a statutory warranty deed, recorded with the register of deeds. Attorney review available.
Introduction
South Dakota codifies its warranty deed in statute: the operative words grants, conveys and warrants (SDCL 43-25-5) carry the seller's guarantee of clear title and a promise to defend the buyer against all persons who may lawfully claim the property. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. South Dakota is straightforward here, because South Dakota codifies a statutory warranty deed. The South Dakota form uses the operative words grants, conveys and warrants (SDCL 43-25-5), and those words carry four covenants under SDCL 43-25-6: that the grantor is lawfully seized in fee simple with good right to convey, that the premises are free from all encumbrances, that the grantee will have quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it. You record the signed, notarized deed with the register of deeds of the county where the property sits (SDCL 43-28-1). DocDraft builds your South Dakota deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives the buyer the strongest title protection: the seller guarantees clear title and, under South Dakota's four statutory covenants, promises quiet and peaceable possession and to defend the title against every lawful claim. A quitclaim deed, by contrast, guarantees nothing.
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South Dakota codifies a statutory warranty deed. The form uses the operative words grants, conveys and warrants (SDCL 43-25-5), and those words carry four covenants under SDCL 43-25-6: seisin and good right to convey, freedom from all encumbrances, quiet and peaceable possession, and a promise to defend the title against all persons who may lawfully claim it.
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Because it warrants against all lawful claims, the South Dakota statutory form is a general warranty deed. To limit the warranty to claims arising only during the grantor's own ownership (a special or limited warranty), a grantor adds express restraining language; the quitclaim form (SDCL 43-25-7) carries no covenants at all.
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You record the signed deed with the register of deeds of the county where the property is located (SDCL 43-28-1). South Dakota follows a race-notice priority rule, so recording promptly protects you against a later good-faith purchaser whose deed is recorded first (SDCL 43-28-17).
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The grantor's signature must be acknowledged before a notary for the deed to be recorded as a duly acknowledged instrument (SDCL 43-25-26). South Dakota does not require subscribing witnesses when the deed is acknowledged; a witness is only an alternative route to recording an unacknowledged deed.
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South Dakota imposes a real estate transfer fee of 0.50 dollars for each 500 dollars of value or fraction of it, and the fee is paid by the grantor (SDCL 43-4-21). A Certificate of Real Estate Value stating the consideration must accompany the deed at recording (SDCL 7-9-7(4)). Gifts, transfers between spouses or parent and child, and transfers for no consideration can be exempt (SDCL 43-4-22).
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If the property is a homestead, the conveyance is valid only if both spouses sign, whether by a joint instrument or by separate instruments, even when only one spouse holds title (SDCL 43-31-17).
Key decisions before you file
Before you file a Warranty Deed in South Dakota, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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South Dakota Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. South Dakota codifies a statutory warranty deed at SDCL 43-25-5 whose operative words are grants, conveys and warrants. SDCL 43-25-6 attaches four covenants to that form: seisin and good right to convey, freedom from all encumbrances, quiet and peaceable possession, and a covenant to defend the title against all persons who may lawfully claim it. A quitclaim deed gives none of these.
South Dakota codifies a statutory short-form warranty deed (SDCL 43-25-5) in which the operative words are grants, conveys and warrants, and SDCL 43-25-6 makes the four title covenants obligatory on the grantor as fully as if written out in the deed. South Dakota uses this warranty deed rather than a grant deed; the same chapter also codifies a quitclaim deed (SDCL 43-25-7) for transfers with no warranty.
Record the signed, notarized deed with the register of deeds of the county in which the real property is situated (SDCL 43-28-1). South Dakota follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser (SDCL 43-28-17). Record promptly to protect your interest.
Under SDCL 43-25-26, a deed that is duly acknowledged before a notary may be recorded; an unacknowledged deed can be recorded only if proved by a subscribing witness. South Dakota does not require subscribing witnesses when the deed is acknowledged, so a proper notarial acknowledgment is the standard recording path.
South Dakota imposes a real estate transfer fee of 0.50 dollars for each 500 dollars of value or fraction of it, paid by the grantor (SDCL 43-4-21). A Certificate of Real Estate Value stating the actual consideration must accompany the deed at recording (SDCL 7-9-7(4)). Gifts, transfers between spouses or parent and child for nominal consideration, and transfers for no consideration can be exempt (SDCL 43-4-22).
Identify the grantor and grantee, include the grantee's mailing address, state the consideration, and include the full legal description of the property (not just the street address). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed.
South Dakota is not a community-property state, but a conveyance or encumbrance of a homestead is valid only if both spouses concur and sign, by joint or separate instruments, even when only one spouse holds title (SDCL 43-31-17). For non-homestead property a sole titleholder may convey alone. Confirm homestead status before signing to avoid a defective transfer.
Choose the deed to match the protection intended. The SDCL 43-25-5 statutory form warrants title against all persons who may lawfully claim it, making it a general warranty deed. To limit the warranty to claims arising only during the grantor's ownership (a special or limited warranty), add express language restraining the covenants. A quitclaim deed (SDCL 43-25-7) gives no covenants at all. The reason for the transfer usually points to the right one.
Does your Warranty Deed need to be notarized in South Dakota?
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. South Dakota codifies both forms in the same chapter: the warranty deed at SDCL 43-25-5 uses the words grants, conveys and warrants and carries the four covenants of SDCL 43-25-6, while the quitclaim deed at SDCL 43-25-7 conveys only the grantor's present interest with no covenants of title.
A South Dakota general warranty deed carries the four covenants of SDCL 43-25-6: that the grantor is lawfully seized in fee simple and has good right to convey, that the premises are free from all encumbrances, that the grantee will have quiet and peaceable possession, and that the grantor will defend the title against all persons who may lawfully claim it. Those covenants reach every lawful claim, including title defects that arose before the grantor owned the property.
South Dakota uses a warranty deed, not a grant deed. SDCL 43-25-5 sets out a statutory short-form warranty deed whose operative words are grants, conveys and warrants, and SDCL 43-25-6 attaches the covenants of title to a deed in that form. South Dakota also codifies a statutory quitclaim deed (SDCL 43-25-7) for transfers where no warranty is intended, but it does not use a grant deed.
You record the signed, notarized deed with the register of deeds of the county where the property is located (SDCL 43-28-1). The grantor's signature must be acknowledged before a notary first (SDCL 43-25-26), and a Certificate of Real Estate Value must accompany the deed (SDCL 7-9-7(4)). South Dakota follows a race-notice priority rule, so a deed recorded first generally defeats a later one, which is why you should record promptly (SDCL 43-28-17).
South Dakota does not require an attorney to prepare or record a deed; an individual may prepare their own warranty or quitclaim deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your South Dakota deed from your facts, with attorney review available as an option before you record.
It must be notarized in practice. Under SDCL 43-25-26, a deed that is duly acknowledged before a notary may be recorded; an unacknowledged deed can be recorded only if proved by a subscribing witness. South Dakota does not require subscribing witnesses when the deed is acknowledged, so a proper notarial acknowledgment is what lets the register of deeds record it.
Usually yes when the property is sold. South Dakota imposes a real estate transfer fee of 0.50 dollars for each 500 dollars of value or fraction of it, and the fee is paid by the grantor (SDCL 43-4-21). A Certificate of Real Estate Value stating the consideration must accompany the deed at recording (SDCL 7-9-7(4)). Gifts, transfers between spouses or parent and child for nominal consideration, and transfers for no consideration can be exempt (SDCL 43-4-22).
For a homestead, yes. Under SDCL 43-31-17, a conveyance or encumbrance of a homestead is valid only if both spouses concur and sign, whether by a joint instrument or by separate instruments, even if only one spouse holds title. South Dakota is not a community-property state, so for non-homestead property the sole titleholder can convey alone, but confirming homestead status before signing avoids a defective transfer.