Mellette County Special Warranty Deed Form

Additional South Dakota and Mellette County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Mellette County

Properties in any of these areas use Mellette County forms:

• Norris
• White River
• Wood

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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)

Important: Your property must be located in Mellette County to use these forms. Documents should be recorded at the office below.

This Special Warranty Deed meets all recording requirements specific to Mellette County.

Our Promise

The documents you receive here will meet, or exceed, the Mellette 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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