South Dakota Quit Claim Deed Form
The South Dakota Quit Claim Deed is a type of Deed used for transferring property interest which is known for possessing a number of attributes. The relative speediness of using one has even led some people to mistakenly call it a “Quick Claim Deed.” Another attribute it boasts is that the volume of information and resources demanded by state law to execute this Deed is relatively lower than other types of Deeds which perform a similar role. However, the Grantor and Grantee (the names given to the parties respectively transferring and receiving the interest) should appreciate that in spite of these attributes, a Quit Claim Deed cannot offer any guarantees, covenants, nor warranties of title.
Laws (§ 43-25-7): South Dakota Codified Laws, Title 43: “Property,” Chapter 25: “Deeds and Conveyances”
Formatting standards (§ 43-28-23): Specific formatting standards outlined by state law must be upheld for the conveyance to be duly recorded. The formatting standards are as follows:
- Each sheet must be a maximum of eight and a half inches (8.5″) by fourteen inches (14″), and a minimum of eight and a half (8.5″) inches by eleven inches (11″),
- The form should be free of any attachments that obscure any information or printed material on it,
- The print must be at least 10-point type,
- The text must be in black ink, except for items specified by this provision that may be in blue ink,
- The paper must be white and be a minimum of twenty (20) pounds,
- A blank space of at least three inches (3″) must be kept on the top of the first page (* See the section below for further information),
- On the first page, all margins except the top one should be at least one inch (1″), and
- The entirety of the document should be legible enough to be reproduced for recording.
Information about the preparer * (§ 7-9-1): As stated above, the first page must have a blank space of at least three inches (3″). The left half of this space must be used to provide a typed, stamped, or printed legend stating the words: “Prepared by,” followed by the preparer of the Deed’s name, address, and telephone number.
Marital status (§ 43-28-19): Recitals must be made at the Office of the Register of Deeds regarding one of the following three pieces of information:
- The marital status of both the Grantor and Grantee,
- The homestead status of the property, or
- The identity of parties named in the Deed in the chain of title.
Mailing address of the Grantee (§ 43-28-21): The Grantee must provide their mailing address to Register of Deeds at the time of recording the Quit Claim Deed.
Use of certain words (§ 43-25-11): If the words “remise,” “release,” or “quitclaim” are used in the Deed, two (2) covenants on the part of the Grantor to the Grantee will be implied. Namely:
- Prior to executing the Quit Claim Deed, the Grantor did not convey the same interest to someone other than the Grantee, and
- At the time of executing it, the property is “free from encumbrances made, done, or suffered by the grantor.”
“QUITCLAIM DEED________, grantor, of ________ county, state of ________, for and in consideration of ________ dollars, conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the following described real estate in the county of ________ in the State of South Dakota______________________________Dated this ________ day of ________, 20____.
Signing requirements (§ 43-25-26): Acknowledgment or proof by a subscribing witness of the Grantor’s signature is needed for all Quit Claim Deeds executed in the state of South Dakota.
How to file a Quit Claim Deed in South Dakota (§ 43-28-1 and § 43-28-15): The Quit Claim Deed must be recorded at the Register of Deeds. The Register of Deeds must be in the county where the property can be found. The filer should note that there is a fee attached to any recordings made in the state that must be paid.
The filer should also note that in line with § 7-9-7, Form SDCL 7-9-7(4): Certificate of Real Estate Value must be filed at the same time as the Quit Claim Deed.
The need to record the Deed (§ 43-28-14 and § 43-28-17): South Dakota abides by a “race-notice recording statute.” Under § 43-28-14, an unrecorded Quit Claim Deed will be valid between the Grantor and Grantee, and any other parties who have notice of it.
State law (§ 43-28-15), establishes that “constructive notice” must be given by way of recording the Deed. This explains the “notice” part of a “race-notice.” Specifically, this law states that:
“The recording and deposit of an instrument, proved and certified according to the provisions of §§ 18-4-17 to 18-4-20, inclusive, and §§ 43-28-8 and 43-28-10, are constructive notice of the execution of such instrument to all purchasers or encumbrancers subsequent to the recording.”
In regards to the “race” part of a “race-notice,” § 43-28-17 states that priority will be given to the “conveyance [which] is first duly recorded.”
To explain all of this in easy-to-understand terms, recording a Deed provides what is called “constructive notice” to other parties who may wish to purchase the same property. It is a legal requirement to provide such notice by making a record of the Quit Claim Deed at the Register of Deeds.
If one party does not provide notice and another party proceeds to purchase and record a conveyance for the same property, the party who records their conveyance first will obtain the property title because state law prioritizes recorded conveyances. In effect, the party who did not record their conveyance will lose any rights to the property.