My Account Deeds.com Real Estate Deeds

South Dakota Easement Deed

An easement is a land burden or servitude upon land that may be attached to other land as incidents or appurtenances (43-13-2). The land that an easement is attached to is called the dominant estate, while the land upon which a burden or servitude is laid is called the servient tenement (43-13-3). A servitude in South Dakota can be created only by someone who has a vested estate in the servient tenement (43-13-4). The extent of the easement will be determined by the terms of the grant or by the nature of the enjoyment by which it was required (43-13-5). Specific rules apply to the creation of certain easements in South Dakota, such as with wind easements, which can be granted in the same manner and with the same effect as other easements but must contain additional statutorily required information (43-13-17). A transfer of real property in this state will pass all the easements attached to the property (43-25-30).

In order to present an easement deed for recording, it must be signed and acknowledged or proved by the grantor. If the deed is not acknowledged, it can be proved by a subscribing witness (43-25-26). An easement deed can be proved or acknowledged at any place within the state by a justice or clerk of the Supreme Court or by a notary public. Additional officers are authorized to prove or acknowledge deeds within their own circuit, county, or municipality in the state (18-4-2). In accordance with the Uniform Acknowledgments Law, section 18-5, deeds acknowledged or proved out of state will be valid in South Dakota.

Any instrument that is entitled to be recorded in this state, such as an easement deed, must be recorded in the register of deeds office in the county where the property is located. If an easement deed is not recorded, it will be valid between the parties to it and those who have actual notice thereof (43-28-14). However, the act of recording a duly acknowledged or proved easement deed will allow it to serve as constructive notice to all purchasers and encumbrancers (43-28-15). Every instrument in South Dakota, such as an easement deed, that may affect the title to real property is void as against a subsequent purchaser or encumbrancer of the same property, or any part thereof, in good faith and for a valuable consideration whose conveyance is first duly recorded (43-28-17).

Deeds.com South Dakota Easement Deed Forms Have Been Updated as Recently as Monday October 26, 2020

4.8 out of 5 (1989 Reviews)

What others like you are saying:


Marilyn T. said: This is an extremely user friendly site! I had been searching the internet for days for the proper Gift Deed document. I had no idea that my state, the great state of Mississippi had their own site. I am truly looking forward to using this site for additional available documents. Many more blessings to the creator of this site! Keep them coming! Thank You!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Peter R. said: Great site makes this procedure easy to do,thanks

Reply from Staff: Thank you!


Mary K. said: Awesome site. Looking for a way to save hiring an attorney. Family doesn't have the money for that so this site is much appreciated.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


ELIZABETH A P. said: THE FORMS WERE GOOD, EASY TO UNDERSTAND. NICE TO BE ABLE TO DOWNLOAD THEM INSTANTLY. LIKED THAT I DID NOT HAVE TO JOIN ANYTHING WITH ONGOING FEES.

Reply from Staff: Thank you Elizabeth, have a great day!


Nancy B. said: Deeds.com is a godsend! Being able to download the pertinent state and county specific forms reassured me of having the correct t forms in which to proceed. The cost was most reasonable. Thanks for this service.

Reply from Staff: Thank you!


Susan H. said: Best idea ever for completing an on-line government form. And it came with instructions!!!!! Thank you, Gadsden County.

Reply from Staff: Thank you!


South Dakota Easement Deed Form