South Dakota Notice of Lis Pendens

County Specific Legal Forms Validated as recently as April 14, 2026 by our Forms Development Team

About the South Dakota Notice of Lis Pendens

South Dakota Notice of Lis Pendens
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How to Use This Form

  1. Select your county from the list on the left
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

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A Notice of Lis Pendens once filed notifies the world of a pending lawsuit affecting real property. (From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were a party to the action.) (S.D. Statute 15-10-3. Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.)

Chapter 45. Partition And Sale of Real Estate
Statute 21-45-7 Lis pendens notice required--Constructive notice.
21-45-7. Lis pendens notice required--Constructive notice. Immediately after filing the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of the several counties in which the property is situated, a notice of the pendency of the action, containing the names of the parties, so far as known, the object of the action, and a description of the property to be affected thereby. From the time of filing such notice for record all persons shall be deemed to have notice of the pendency of the action.

Title 21 - JUDICIAL REMEDIES
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-12 - Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.
21-41-12. Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records. Immediately after the filing of the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of several counties in which the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property to be affected thereby. From the time of filing the notice for record all persons shall be deemed to have notice of the pendency of the action. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.

(South Dakota Notice of LP Package includes form, guidelines, and completed example) For use in South Dakota only.

How to Use This Form

  1. Select your county from the list above
  2. Download the county-specific form
  3. Fill in the required information
  4. Have the document notarized if required
  5. Record with your county recorder's office

What Others Like You Are Saying

— Michele S.

"This is a great service if you know what youre looking for. Unfortunately it just wasnt right for me…"

— Karen M.

"This was a very easy and organized system to use."

— Bonnie A.

"I wish you could send copy in mail"

— Patsy H.

"I had trouble at first printing out the forms but once I figured out what to do, all went well. Than…"

— Christi W.

"Very simple and made recording a breeze. Worth the fee!"

Common Uses for Notice of Lis Pendens

  • Establish priority of a legal claim on real property
  • Prevent the sale of a property while a lawsuit is pending
  • Protect your interest in a property during a divorce proceeding
  • Notify title companies of unresolved claims against a property
  • File notice of a boundary dispute or quiet title action
  • Provide public notice of a pending lawsuit affecting a property
  • Document a pending partition action among co-owners

Important: County-Specific Forms

Our notice of lis pendens 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.