Create a South Dakota Quit Claim Deed with our customizable template!
A quitclaim deed in the state of South Dakota is a document used to convey the interest in a property from one person to the next in an expeditious fashion. This type of transaction comes with no guarantees or warranty that the title of the property is clear and free of encumbrances. Though a quitclaim deed doesn’t provide any type of warranty, it does ensure that the seller or previous owner doesn’t come back at a later date to claim an ownership interest on the property.
Quitclaim deeds are common in property transfers between family members or former spouses. If you are purchasing a property via quitclaim deed, it is important to conduct a title search before completing the transfer to ensure the property is free of encumbrances.
If you instead want to transfer property in a way that protects the new owner, you should consider another type of deed, such as a special warranty deed or general warranty deed. If you're not sure which type of property deed to use, you should seek legal advice.
South Dakota quitclaim deed laws are codified at SDCL § 43-25-7.
Signing - According to state law, all quitclaim deeds are to be signed in front of a Notary Public or a witness that will be signing the deed (§ 43-25-26).
Recording - Quitclaim deeds, along with their filing fees, are to be filed with the County Recorder’s Office.
Additional Documents - State law (§ 7-9-7) says that a Certificate of Real Estate Value must accompany all quitclaim deeds.
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To write a South Dakota quit claim deed form, you will need to provide the following information:
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Once the quitclaim deed has been completed, signed, and notarized, you should file it with the South Dakota County Recorder in the county where the property is located. Depending on the county, the office may be called the Register of Deeds, County Clerk, or Land Registry. Make sure to bring a Certificate of Value with you when you file the deed.
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