Mellette County Warranty Deed (Two Grantors) Form

When a co-owned South Dakota property changes hands, the deed either carries every owner of record or it leaves a fraction of the title behind. This fillable warranty deed is configured for exactly two grantors joining in one conveyance: a married couple selling the family home, two heirs passing inherited land to a single buyer, or unmarried co-owners closing out a shared parcel. Both grantors join in a single granting clause, and the instrument prints a separate signature block and a separate acknowledgment certificate for each of them.

Two grantors, one granting clause, full covenants

The operative words track the statutory warranty deed form at SDCL 43-25-5: the grantors grant, convey and warrant the described real estate to the grantee. Those words carry the covenant package of SDCL 43-25-6 on the part of each grantor: lawful seizin in fee simple with good right to convey, freedom from encumbrances, quiet and peaceable possession warranted to the grantee and the grantee's heirs and assigns, and a duty to defend the title against all lawful claimants. Because the two owners convey together, the grantee takes the whole co-owned estate in one instrument under one covenant package instead of assembling it from separate deeds recorded at different times, and title a grantor later acquires passes to the grantee under SDCL 43-25-17. A subject-to entry states the matters the covenants except, which is where the deed's practical warranty scope gets written.

Signature architecture for two owners

The form recites exactly two grantors, each with marital status stated after the name in the customary South Dakota style, and prints two signature blocks with the signer's name beneath each signature, the entry SDCL 43-28-23 requires of every person signing a recorded document. Two acknowledgment certificates follow, so the grantors may acknowledge on different dates or before different notaries; South Dakota law does not require separate certificates, and the layout simply accommodates signers in different places. For married grantors conveying their homestead, SDCL 43-31-17 makes the conveyance valid only when both spouses concur in and sign the instrument, and a deed both spouses sign as grantors carries the two required homestead signatures on its face. Tenants in common conveying their undivided halves and joint tenants with right of survivorship joining to pass the whole estate both present the two-owner record this deed recites. The form is not set up as a sole-owner, three-owner, entity, or trustee conveyance.

What travels with the deed to the counter

The deed records with the register of deeds of the county where the land lies, and the recording package is more than the deed itself. A certificate of real estate value on Department of Revenue Form PT-56 accompanies the conveyance under SDCL 7-9-7, the realty transfer fee of SDCL 43-4-21 is computed on the value and paid before recording, and a conveyance claiming an exemption states it on the face of the deed with its SDCL 43-4-22 subdivision, an entry the form provides. The layout is built to the SDCL 43-28-23 format statute: a blank three-inch recording reserve across the top of page one with the return-address and preparer blocks stacked at the top left, one-inch margins, ten-point black type on twenty-pound white paper, and the grantee's mailing address inside the grantee section. Buyers searching for a South Dakota joint warranty deed, a two-seller general warranty deed form, or a husband and wife warranty deed arrive at the same two-grantor configuration this instrument carries.

The download delivers the two-grantor warranty deed as a fillable PDF, a completed example showing every section filled in for a Pennington County sale by a married couple, and a plain-language guide that walks through each numbered section, the SDCL 43-25-6 covenants, the vesting forms a grantee may take, and the recording steps. The materials describe South Dakota law in general terms and are not legal advice.