Bennett County Easement Deed Form (South Dakota)
All Bennett County specific forms and documents listed below are included in your immediate download package:
Easement Deed Form
![Bennett County Easement Deed Form](https://www.deeds.com/forms/south-dakota/easement-deed/1673368179F23272_sample.png)
Fill in the blank form formatted to comply with all recording and content requirements.
Included Bennett County compliant document last validated/updated 6/3/2024
Easement Deed Guide
![Bennett County Easement Deed Guide](https://www.deeds.com/forms/south-dakota/easement-deed/1544626384F37337_sample.png)
Line by line guide explaining every blank on the form.
Included Bennett County compliant document last validated/updated 3/13/2024
Completed Example of Easement Deed
![Bennett County Completed Example of Easement Deed](https://www.deeds.com/forms/south-dakota/easement-deed/1549298700F15238_sample.png)
Example of a properly completed form for reference.
Included Bennett County compliant document last validated/updated 5/31/2024
Guide to writing an Easement Description
![Bennett County Guide to writing an Easement Description](https://www.deeds.com/forms/south-dakota/easement-deed/1544798297F78844_sample.png)
A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
Included Bennett County compliant document last validated/updated 3/20/2024
The following South Dakota and Bennett County supplemental forms are included as a courtesy with your order:
When using these Easement Deed forms, the subject real estate must be physically located in Bennett County. The executed documents should then be recorded in the following office:
Bennett County Register of Deeds
Courthouse - 202 Main St / PO Box 433, Martin, South Dakota 57551-0433
Hours: 8:00 to 12:00 & 1:00 to 4:30 M-F / call ahead to confirm
Phone: (605) 685-6054
Local jurisdictions located in Bennett County include:
- Allen
- Martin
- Tuthill
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Bennett County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Bennett County using our eRecording service.
Are these forms guaranteed to be recordable in Bennett County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bennett County including margin requirements, content requirements, font and font size requirements.
Can the Easement Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Bennett County that you need to transfer you would only need to order our forms once for all of your properties in Bennett County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by South Dakota or Bennett County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Bennett County Easement Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
An easement is a land burden or servitude upon land that may be attached to other land as incidents or appurtenances (43-13-2). The land that an easement is attached to is called the dominant estate, while the land upon which a burden or servitude is laid is called the servient tenement (43-13-3). A servitude in South Dakota can be created only by someone who has a vested estate in the servient tenement (43-13-4). The extent of the easement will be determined by the terms of the grant or by the nature of the enjoyment by which it was required (43-13-5). Specific rules apply to the creation of certain easements in South Dakota, such as with wind easements, which can be granted in the same manner and with the same effect as other easements but must contain additional statutorily required information (43-13-17). A transfer of real property in this state will pass all the easements attached to the property (43-25-30).
In order to present an easement deed for recording, it must be signed and acknowledged or proved by the grantor. If the deed is not acknowledged, it can be proved by a subscribing witness (43-25-26). An easement deed can be proved or acknowledged at any place within the state by a justice or clerk of the Supreme Court or by a notary public. Additional officers are authorized to prove or acknowledge deeds within their own circuit, county, or municipality in the state (18-4-2). In accordance with the Uniform Acknowledgments Law, section 18-5, deeds acknowledged or proved out of state will be valid in South Dakota.
Any instrument that is entitled to be recorded in this state, such as an easement deed, must be recorded in the register of deeds office in the county where the property is located. If an easement deed is not recorded, it will be valid between the parties to it and those who have actual notice thereof (43-28-14). However, the act of recording a duly acknowledged or proved easement deed will allow it to serve as constructive notice to all purchasers and encumbrancers (43-28-15). Every instrument in South Dakota, such as an easement deed, that may affect the title to real property is void as against a subsequent 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).
(South Dakota ED Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Bennett 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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January 31st, 2024
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