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South Dakota Grant Deed Form

Real property in South Dakota consists of land, that which is affixed to land, that which is incidental or appurtenant to land, and that which is immoveable by law (43-1-3). A grant deed can be used to convey real property in this state; however, the statutes do not provide a statutory form for this type of real estate deed. A grant deed offers less protection than a warranty deed does. When used in a conveyance of real property, the word "grant" will imply the following covenants from the grantor to the grantee, unless restrained by specific terms in the deed: (1) That previous to the time of execution of the deed, the grantor has not conveyed the same estate or any right, title or interest therein to any person other than the grantee and (2) that such estate is, at the time of execution of the conveyance, free from any encumbrances done, made, or suffered by the grantor or any person claiming under him (43-25-10).

A grant deed must be duly acknowledged or proved by a subscribing witness to entitle it to be recorded (43-25-26). A grant deed can be proved or acknowledged at any place within the state before a notary public or justice or clerk of the Supreme Court (18-4-1). Additional officers who are authorized to prove or acknowledge deeds in South Dakota within their own circuit, county, or municipality are listed in section 18-4-2 of the South Dakota Codified laws. A grant deed acknowledged out of state in accordance with the Uniform Acknowledgments Law will be valid for recordation in South Dakota (18-5). The officer taking acknowledgment or proof of a grant deed must have a certificate of acknowledgment endorsed on or attached to the instrument (18-4-11). Further, grant deeds presented for recording must be accompanied by a completed Certificate of Value.

An unrecorded grant deed in South Dakota will be valid only between the parties to the deed and those who have actual notice thereof (43-28-14). A duly acknowledged or proved and recorded grant deed will be constructive notice of the execution of the instrument to all purchasers and encumbrancers (43-28-15). The priority of instruments is determined by the time they are filed for record. Every grant deed in this state is void as against a subsequent purchaser or encumbrancer of the same property, or part thereof, in good faith and for a valuable consideration whose conveyance is first duly recorded (43-28-17). A grant deed should be recorded by the register of deeds in the county where the property is located. South Dakota Grant Deed Forms Have Been Updated as Recently as Monday February 19, 2018