The form of a quitclaim deed in South Dakota (South Dakota Codified Laws, 43-25-7) requires, among other items, the grantor's signature and an acknowledgment of that signature. The mailing address of the grantee to the quitclaim deed and a legal description of the property being conveyed are both required at the time of recording (43-28-21). A quitclaim deed presented to a county recorder in South Dakota must be accompanied by a Certificate of Value.

Any person holding real estate under the terms of a quitclaim deed as defined in 43-25-11 will be deemed a purchaser in good faith and for a valuable consideration, unless the person had, at the time of execution and delivery of such conveyance, actual notice or knowledge of a prior unrecorded conveyance affecting title to such real property.

An unrecorded quitclaim deed in South Dakota is valid between the parties named in the instrument and those who have notice of it (43-28-14). In order to provide constructive notice to all purchasers or encumbrancers of the contents within, recording of the quitclaim deed with the county clerk in the appropriate county is necessary (43-28-15). Every conveyance of real property is void against any subsequent purchaser or encumbrancer in good faith and for a valuable consideration whose conveyance is first duly recorded. The Property Title in the South Dakota Codified Laws discusses quitclaim deeds and other real estate documents in further detail.

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

Back to South Dakota