My Account Deeds.com Real Estate Deeds

South Dakota Special Warranty Deed

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.

Deeds.com South Dakota Special Warranty Deed Forms Have Been Updated as Recently as Wednesday March 24, 2021

4.8 out of 5 (2597 Reviews)

What others like you are saying:


Ralph W. said: very professional

Reply from Staff: Thank you!


Laureen M. said: This service was extremely helpful. I truly appreciated the way I was communicated with every step of the way in getting my Deed recorded.

Reply from Staff: Thank you!


Karin G. said: All went well. Forms easy to download and instructions were super. Very pleased with the service.

Reply from Staff: Thank you!


gene h. said: Had used website while working as Land Rep for major oil company (retired 2.5 years ago). Recently had need to do some online research and went back to Deeds.com to find needed documents. Same as before, website provides a great service at a great price.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Johnnie G. said: We had hoped, as this was direct through our State recorder's office, State-specific data would be pre-filled in. Also there is no help when transferring the home title from a Revocable Trust to the living Trustee and new spouse (no example given, no help for which code to use). And the example doesn't match the prior deed revision format submitted by our attorney. So, not the best experience. We may have to get an attorney involved...what we were hoping to avoid

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Charles Z. said: I am very happy with the service and would use again. Super fast, efficient, and very helpful friendly staff. I would recommend and would use again.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


South Dakota Special Warranty Deed Form