Pennington County, South Dakota - Recorder Information

Register of Deeds

You are NOT on the Pennington County official website, you are on Deeds.com, a private website that is not affiliated with any government agency.

The register of deeds is responsible for recording and maintaining records for real property located in Pennington County.

Recording Fees

REAL ESTATE:
Deeds, Mortgages, Assignments, Satisfactions,
Easements , Contracts, Covenants, Resolutions,
Surveys, Lis pendens, Leases, etc.-SDCL 7-9-15(1)
$30 Per Document For the first 50 pages *

A transfer fee of $0.50 per $500 of value applies as well for deeds with consideration. SDCL 43-4 21

Mortgage Assignments (no more than one assignment listed per document) SDCL 44-8-13
$30 per Assignment for the first 50 pages*

Master Deeds and Master Leases-SDCL 43-15A-9
$75 per Document for the first 50 pages *

LIENS:
Mechanic's Liens & Assignments SDCL 44-9-19 & 7-9-15(3)
$30 per Document for the first 50 Pages *

Mechanic Lien Satisfactions-SDCL 44-9-19 & 7-9 15(3)
No Fee

Notice of Project Commencement (Mechanic's Lien)
SDCL 44-9-50 & 7-9-15(3)
$30 per Document for the first 50 Pages*

Undertaking to Release Property (Mechanic's Lien)
SDCL 44-4-4 & 7-9-15(3)
$30 per Document for the first 50 Pages*

MINERAL RECORDS:
Oil, gas & mineral leases & other docs relating to mineral or oil & gas lease exploration & development.-SDCL 7-9-15(4)
$30 per Document for the first 50 Pages*

Location Certificate-SDCL 45-4-7,&7-9-15 (1)
$30 per Document for the first 50 Pages*

Affidavit of Labor & Notice of Intent to Hold
SDCL 45-4-23&7-9-15(1) &(2) plus .25 per claim.
$30 per Document for the first 50 Pages*

* Documents over 50 pages require the recording fee plus $2.00 per each add'l page. Example: A 52 page document, the fee would be $34.00. (Data on the front & back of a page is considered 2 pages.) No more than one mortgage may be satisfied, continued or assigned in one document.

A certified copy of any instrument of record is $5 for the first page and $1 for each additional page. Uncertified copies are $1 per page.

County recording fees are subject to change without notice. For the most current fees and further information, contact the local register of deeds directly.

Document Formatting Requirements

The Pennington County Register of Deeds records documents pertaining to real property located in Pennington County. The Register of Deeds office keeps full and true computerized, filmed, and scanned records of deeds, mortgages, and other instruments authorized by law to be recorded.

Effect of Recording: The recording of an instrument, proved and certified according to South Dakota law, is constructive notice of the execution of such instrument to all purchasers or encumbrancers subsequent to recording.

An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.


DOCUMENT STANDARDS

* A document should consist of one or more individual sheets measuring no larger than 8.5x14 inches and no smaller than 8.5x11 inches. No sheet may be attached or affixed to any page that covers up information or printed material. A continuous document or any sheets that are stapled, glued, or bound together is subject to additional fees. Use white paper of at least 20 # weight.

* A document must be sufficiently legible to reproduce a readable copy using the Register of Deeds current method of reproduction.

* Instruments must be acknowledged in front of a notary. The notary expiration date should be listed on the document. When applicable, corporate seals, banking institutions, and municipalities should have their seals affixed to the document. If there is not a seal, please state as much on the document. If no such seal is attached, the document will be rejected.

* The document should be typed, printed, or handwritten in black ink with a font size of at least 10 point. Dates, notarial acknowledgments, signatures, and other items may be completed in blue or black ink if the document is predominantly completed in black ink. Items completed in blue ink must be sufficiently dark to meet legibility requirements.

* The first page should contain a blank space at the top measuring no less than 3 inches as measured from the top of the page. The right half of this space will be used by the Register of Deeds for recording information and the left half will be used by the document preparer and should contain a typed, stamped, or printed legend stating: "Prepared by: name, address, and telephone number." This section may also include other document information. All other margins should be a minimum of 1 inch.

* At the top of the first page, provide a document title below the 3-inch margin.

* The preparer of a document may not include an individual's personally identifiable information in a document that is prepared and presented for recording. This does not apply to any document or instrument that was executed by an individual prior to July 1, 2010.

* The grantor's original signature must be present, and such signature should be notarized.

* The names of the grantor and grantee connected with the real property must be included. The grantee's address is required.

* Provide a legal description of the real property. This can be contained in the document or included as an attachment.

Any document that does not conform to the requirements of South Dakota Code of Laws section 43-28-3 has the same effect as conforming documents for all recording purposes, including establishing priority.

TRANSFER FEES

Any exemptions to the transfer fees must be typed or written on the face of the deed. South Dakota law states that the words "Exempt from Transfer Fee Pursuant to SDCL 4-4-22(____)" (subdivision must be put in parenthesis) must be on the deed claiming an exemption.

CERTIFICATE OF REAL ESTATE VALUE

The Certificate of Real Estate Value, as adopted by administrative rule, must be filed with any deed or contract for deed dated after July 1, 1988 used in the purchase, transfer, exchange, or assignment of interest in real property. This must be filed with actual "deeds" such as warranty deeds, quit claim deeds, grantor's deeds, sheriff's deeds, trustee's deeds, executor's deeds, administrator's deeds, mineral deeds, and similar deeds.

Divorce decrees, probate decrees, and easements do not need a Certificate of Real Estate Value.

The completed form must contain the name and address of the buyer and seller, the legal description of the real property, the actual consideration exchanged for the real property, the relationship of the buyer and seller, if any, and the terms of payment if other than payment in full at the time of sale. The Certificate of Value must be filled out completely, signed, and dated. It is available on the Pennington County Register of Deeds website.

The box on the form labeled "owner occupied" is optional---if it is completed it must be completed and signed by the buyer only. The "owner occupied" box cannot be signed by an agent of the buyer or anyone else. This is important to complete so the buyer may, if eligible, maintain the classification of owner-occupied on the property and receive the lower property tax rate for that classification of property.