South Dakota Easement Deed
County Specific Legal Forms Validated as recently as April 21, 2026 by our Forms Development Team
About the South Dakota Easement Deed
How to Use This Form
- Select your county from the list on the left
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
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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).
(South Dakota ED Package includes form, guidelines, and completed example)
How to Use This Form
- Select your county from the list above
- Download the county-specific form
- Fill in the required information
- Have the document notarized if required
- Record with your county recorder's office
What Others Like You Are Saying
"excellent. I will this service again."
"Was a lot easier than driving to the County Building and faster than expected. Thank you!"
"So glad I found this form. Very easy to download and looks like all the instructions are there to co…"
"Deeds.com made this process of electronic document recording so easy! The communication was quick, f…"
"Good site. Saved me a trip to one or two courthouses."
Common Uses for Easement Deed
- Formalize an existing informal access arrangement
- Create a right of way for pedestrian or vehicle access
- Terminate an easement that is no longer needed
- Establish a shared driveway or road access agreement
- Release a utility easement after relocation of services
- Grant access for maintenance of a shared fence or wall
Compare other South Dakota deed forms and documents
Important: County-Specific Forms
Our easement deed forms are specifically formatted for each county in South Dakota.
After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.