A special warranty deed can be used in South Dakota to transfer title to real estate. This type of deed must satisfy the statutory requirements for a conveyance of real estate.

A special warranty deed is required to be in writing and signed by the grantor or by his agent authorized in writing South Dakota Codified Laws do not provide a specific statutory form for a special warranty deed. In a special warranty deed, the grantor warrants to defend the title against only the claims and demands of the grantor and those claiming by, through, or under him.

The execution of a special warranty deed must be duly acknowledged to entitle it to be recorded. If the deed is not acknowledged, it must be proved by a subscribing witness (43-25-26). The proof or acknowledgment of a special warranty deed can be made 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 take the proof or acknowledgment of a deed in South Dakota within their own circuit, county, or municipality are listed in section 18-4-2 of the South Dakota Codified Laws. Special warranty deeds can also be acknowledged out of state in accordance with the Uniform Acknowledgments Law, chapter 18-5 of the South Dakota Codified Laws. The acknowledgment or proof of an instrument must be certified by a certificate of acknowledgement endorsed on or attached to the instrument by the officer taking such acknowledgment (18-4-11). A special warranty deed must also be accompanied by a completed Certificate of Value when presented for recording.

An unrecorded special warranty deed will be valid between the parties to it and those who have actual notice thereof (43-28-14). The recording of a duly acknowledged or proved special warranty deed will be constructive notice of the execution of such instrument to all purchasers and encumbrancers subsequent to the recording (43-28-15). Every conveyance of real property in this state is void as against a later 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). Instruments entitled to be recorded must be recorded by the register of deeds in the county where the property is located.

(South Dakota SWD 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

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Common Uses for Special Warranty Deed

Consolidate property ownership among family members
Add a spouse to a property title after marriage
Transfer property into or out of a trust
Transfer property between business entities
Convey real estate as part of an estate plan
Transfer ownership to a living trust

Compare other South Dakota deed forms and documents

Quitclaim Deed Gift Deed Warranty Deed Grant Deed Correction Deed Easement Deed Termination of Easement Notice of Lis Pendens Certificate of Discharge of Notice of Lis Pendens Mortgage Security Agreement and Promissory Note Satisfaction of Mortgage Assignment of Mortgage Contract for Deed Memorandum of Contract for Deed Full Release of Memorandum of Contract for Deed Mineral Deed Mineral Quitclaim Deed Transfer on Death Deed Transfer on Death Revocation Transfer on Death Affidavit Affidavit of Deceased Joint Tenant Personal Representative Deed of Distribution Personal Representative Deed of Sale Trustee Deed Certificate of Trust Disclaimer of Interest

Important: County-Specific Forms

Our special warranty 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.

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