Easement Deed Form - Hughes County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 11/27/2019
Easement Deed Guide - Hughes County
Line by line guide explaining every blank on the form.
Included document last updated 11/15/2019
Completed Example of Easement Deed - Hughes County
Example of a properly completed form for reference.
Included document last updated 12/6/2019
Guide to writing an Easement Description - Hughes County
A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
Included document last updated 11/22/2019
*The Following South Dakota and Hughes County supplemental forms are included as a courtesy with your order.
Certificate of Real Estate Transfer
This is a required form, due at the time of recording.
Transfer Tax Rates and Exemptions
Consult this list for exempt transfers.
Including:
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).
Get your Hughes County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Hughes County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
December 9th, 2019
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December 8th, 2019
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December 8th, 2019
Name: John P.
Review: Working with one document at a time every thing was great, but the program will not let multiple documents save independently. When I saved a document and created another document the changes I made on the second document were on the 1st document. No big deal if your printing, but if your saving to email later, its an issue.
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December 7th, 2019
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December 7th, 2019
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December 7th, 2019
Name: Geraldine B.
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December 6th, 2019
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December 5th, 2019
Name: Diane C.
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