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South Dakota Special Warranty Deed Form

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.
 
 
 
 

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Deeds.com South Dakota Special Warranty Deed Forms Have Been Updated as Recently as Monday March 13, 2017
South Dakota Special Warranty Deed Form