South Dakota - Potter County Grant Deed Form

Name: Grant Deed
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All Potter County specific forms listed below are included in your immediate download:

Grant Deed Form - Potter County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 9/22/2020

Grant Deed Guide - Potter County

Line by line guide explaining every blank on the form.
Included document last updated 9/30/2020

Potter County Completed Example of the Grant Deed Document Page 1

Completed Example of the Grant Deed Document - Potter County

Example of a properly completed form for reference.
Included document last updated 9/30/2020

*The Following South Dakota and Potter 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.

Frequently Asked Questions:

How long does it take to get my forms?
- Forms are available immediately after submitting payment.
What are supplemental forms?
- Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
- After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
- All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the forms be re-used?
- Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
Are these forms guaranteed to be recordable in Potter County ?
- Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Potter County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
- No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
- Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
- You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
- No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Grant Deed Forms:

Potter County

Including:

Gettysburg
Hoven
Lebanon
Tolstoy

What is the South Dakota Grant Deed?

In South Dakota, title to real property can be transferred from one party to another by executing a grant deed. Use a grant deed to transfer title with the implied covenants that guarantee that the title is free of any encumbrances (except for those stated in the deed) and that the grantor holds an interest in the property and is free to convey it (43-25-10). The word "grant" in the conveyancing clause transfers fee simple title (SDCL 43-25-10).

Grant deeds offer the grantee (buyer) more protection than quitclaim deeds, but less than warranty deeds. A grant deed differs from a quitclaim deed in that the latter offers no warranty of title, and only conveys any interest that the grantor may have in the subject estate. A warranty deed offers more surety than a grant deed because it requires the grantor to defend against claims to the title.

A lawful grant deed includes the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership. For South Dakota residential property, the primary methods for holding title are tenancy in common and joint tenancy. A conveyance of real estate to two or more persons creates a tenancy in common, unless a joint tenancy is expressly created (43-2-11 et seq).

As with any conveyance of realty, a grant deed requires a complete legal description of the parcel. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property. The completed deed must be acknowledged by the grantor (and his or her spouse, if applicable) in the presence of a notary. Finally, the document must meet all state and local standards of form and content for documents pertaining to real property in South Dakota. See SDCL 43-28-23.

A transfer fee is levied based on the consideration paid. Pursuant to SDCL 43-4-23, if the transfer is exempt from the transfer fee, the deed should cite any exemption claimed. A list of exemptions can be found at 43-4-22. Real estate transfer fees are due upon recording, unless an exemption is claimed. Contact the appropriate Register of Deeds office for up-to-date information on transfer fees. The deed must also be recorded with a Certificate of Real Estate Value (SDCL 7-9-7(4)).

Record the original completed deed, along with any additional materials, at the Register of Deeds office in the county where the property is located. Contact the appropriate Register of Deeds to verify accepted forms of payment.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a South Dakota lawyer with any questions related to grant deeds or the transfer of real property.

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The documents you receive here will meet, or exceed, the Potter County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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