Use the correction deed to correct an error in a previously recorded deed of conveyance in South Dakota.

Correcting an error in a recorded deed helps prevent problems that might arise when the current owner tries to sell the property. The best method for correction is to prepare and record a new document, a so-called correction deed. This document does not convey title; instead, it re-enacts and confirms the prior conveyance of the property.

Apart from supplying the correct information, the new deed must give the reason for correcting, and it must reference the prior deed by title, date, and recording number. The original grantor must sign again, thus confirming the property transfer to the same grantee. Generally, corrective deeds are used to address minor errors in a deed, such as typos, accidentally omitted suffixes or middle initials in names, and other minor omissions. When in doubt about the gravity of an error and whether a correction deed is the appropriate vehicle to address it, consult with a lawyer.

For certain changes, a correction deed may not be appropriate. Adding or removing a grantee, for example, or making material changes to the legal description, especially deleting a portion of the originally transferred property, may all require a new deed of conveyance, instead of a correction deed. When correcting the legal description, both grantor and grantee should sign the corrective instrument to avoid any doubt regarding the conveyed property.

(South Dakota CD Package includes form, guidelines, and completed example)

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