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| Recording > South Dakota |
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South Dakota E-Recording |
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South Dakota
Recording Information |
Real estate deeds that transfer property in South Dakota can be recorded to provide constructive notice of the transfer. Instruments entitled to be recorded must be recorded by the register of deeds in the county where the real property is situated.
A. Effect of Recording an Instrument in South Dakota
The recording and deposit of an instrument, proved and certified, are constructive notice of the execution of such instrument to all purchasers or encumbrancers following the recording.
Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.
An unrecorded instrument is valid as between the parties to it and those who have notice of it.
B. Guidelines and Prerequisites for Recording
• Any instrument affecting the title to or possession of real property may be recorded as provided by law.
• The execution of an instrument, if it is not duly acknowledged, must, to entitle the grant to be recorded, be proved by a subscribing witness.
• The original signature of the grantor must be present on the document.
• A real estate deed should consist of one or more individual pages measuring no larger than 8.5 x 14 inches and no smaller than 8.5 x 11 inches. Use white paper of at least 20 pound weight. There may not be any sheets attached or affixed to any page that covers up any information or printed material.
• The text may be printed, typewritten, or computer generated in black ink with a font size of at least 10 point. Dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items completed in blue ink are sufficiently dark.
• At the top of the first page, provide a 3 inch blank margin. The right half of this space will be used by the register of deeds for the placement of recording information. The left half of the margin will be used to show the name, address, and telephone number of the person who prepared the document. This statement can be typed, stamped, or printed. Other document information can also be placed in this section.
• All other margins should be a minimum of 1 inch.
• Immediately below the blank space at the top of the first page, a title should be prominently displayed.
• Every grantee that has a real estate conveyance recorded shall, when the deed is presented for recording, provide the register of deeds with his current mailing address.
• Provide a legal description of the real property. This can be included on the document or as an attachment. |
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