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The register of deeds is responsible for recording and maintaining records for real property located in Spink 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
* Any instrument affecting the title to or possession of real property may be recorded as provided by law.
* The execution of an instrument, if it is not duly acknowledged, must, to entitle the grant to be recorded, be proved by a subscribing witness.
* The original signature of the grantor must be present on the document.
* A real estate deed should consist of one or more individual pages measuring no larger than 8.5 x 14 inches and no smaller than 8.5 x 11 inches. Use white paper of at least 20 pound weight. There may not be any sheets attached or affixed to any page that covers up any information or printed material.
* The text may be printed, typewritten, or computer generated in black ink with a font size of at least 10 point. Dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items completed in blue ink are sufficiently dark.
* At the top of the first page, provide a 3-inch blank margin. The right half of this space will be used by the register of deeds for the placement of recording information. The left half will be used to show the name, address, and telephone number of the person who prepared the document. This statement can be typed, stamped, or printed. Other document information can also be placed in this section.
* All other margins should be a minimum of 1 inch.
* Immediately below the blank space at the top of the first page, a title should be prominently displayed.
* Every grantee that has a real estate conveyance recorded shall, when the deed is presented for recording, provide the register of deeds with his current mailing address.
* Provide a legal description of the real property. This can be included on the document or as an attachment.
Certificate of Real Estate Value
The Certificate of Real Estate Value must be filed with any deed. 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.
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.
Real Estate Transfer Fee
When transferring real property in the state of South Dakota, a fee at the rate of 50 cents for each $500 of value or fraction thereof is imposed upon the grantor.
If a transfer of title is exempt and not subject to the real estate transfer fee, the words "exempt from transfer fee" should be stated upon the exempt document, along with an indication of the applicable subdivision of 43-4-22 under which the exemption is claimed.
When a deed evidencing a transfer of title is offered for recordation, the register of deeds will collect the fee based upon the value declared and should indicate the amount of the fee on the face of the deed.
EFFECT OF RECORDING
The recording and deposit of an instrument, proved and certified, are constructive notice of the execution of such instrument to all purchasers or encumbrancers following the recording.
Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer, including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded.
An unrecorded instrument is valid as between the parties to it and those who have notice of it.