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 Friday March 22, 2019
What others like you are saying:
Pamela F. said: Very easy to use and had my forms paid for and downloaded very quickly.
Reply from Staff: Thank you for your feedback Pamela. Have a fantastic day!
Jay W. said: your service is more than I expected easy to navigate, great info, easy to understand. other other sites every time you go to next page there is something to buy to get the info you want. Jay
Reply from Staff: Thank you!
Desmond L. said: Easy access
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Debra W. said: I found this site a must. It provided all the forms I needed to file a Quit Claim Deed. I filed what use to be called a Quick Claim Deed 30 years ago. You only had to file the one form. Today it is called a Quit Claim Deed. The pack provided forms that I had no idea had to be filed with the Quit Claim Deed. I would not have known this otherwise if the option hadn't presented itself. Thank you!
Reply from Staff: Thanks for taking the time to leave your feedback Debra, we really appreciate it.
Jamie F. said: I purchased he Alabama Correction Warranty Deed Form to correct a mistake in the legal description. However, this form says it must be signed by all who previously signed the deed. One of these people is now deceased. Can I use this form? How would it be different? I would give you 5 stars but wish this issue had been addressed. Thanks.
Reply from Staff: Thank you for your feedback. From the product description: All parties who signed the prior deed must sign the correction deed in the presence of a notary.
Christopher V. said: GREAT STUFF TKS
Reply from Staff: Thank you!
Select County where the property is located.