South Dakota Warranty Deed from Individual to Individual
What is this form?
A Warranty Deed from Individual to Individual is a legal document used to transfer ownership of real property between individuals. It assures the Grantee (the person receiving the property) that the Grantor (the person transferring the property) holds clear title to the property and has the right to convey it. This form is specific to use in South Dakota and is crucial for establishing ownership rights after a real estate transaction.
What’s included in this form
- Identification of the Grantor and Grantee with their full names and addresses.
- A clear description of the property being transferred.
- Covenant stating that the Grantor holds clear title free from encumbrances (unless otherwise noted).
- Signatures of the Grantor and necessary witnesses.
- Notary acknowledgment if required in certain circumstances.
Legal requirements by state
This Warranty Deed is tailored for use in South Dakota, where it must comply with the state's legal requirements for transferring real property. Ensure to attach the Certificate of Real Estate Value for deeds dated after July 1, 1988, as mandated by local tax authorities.
When this form is needed
You should use this Warranty Deed when you want to legally transfer property ownership from one individual to another in South Dakota. This form is essential in situations such as the sale of a home, gifting property to family members, or transferring property as part of an estate settlement.
Who can use this document
- Individuals looking to sell or transfer real property to another individual.
- Family members who wish to gift property to one another.
- Personal representatives executing property transfers as part of an estate plan.
Steps to complete this form
- Identify and enter the full names and addresses of both the Grantor and Grantee.
- Describe the property involved in the transfer, including the legal description if necessary.
- Complete the sections regarding any encumbrances or claims against the property.
- Ensure that the Grantor signs the document in the required section.
- If applicable, arrange for notarization to validate the document.
Does this form need to be notarized?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Typical mistakes to avoid
- Failing to include a complete property description, which can lead to ambiguity in ownership.
- Not obtaining signatures from all necessary parties, which can invalidate the deed.
- Ignoring state requirements for additional documentation, such as the Certificate of Real Estate Value.
Why use this form online
- Convenient access from anywhere, allowing for easy completion at your own pace.
- Editable fields that let you fill in required information electronically.
- Reliable templates drafted by licensed attorneys, providing peace of mind that legal standards are met.
What to keep in mind
- The Warranty Deed effectively transfers property ownership and provides assurance of title.
- Completing the form correctly is essential to avoid legal issues in property ownership disputes.
- Always check state-specific requirements for any additional documents needed.
Form popularity
FAQ
To sign over property ownership to another person, you'll use one of two deeds: a quitclaim deed or a warranty deed.
Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded. These are your original copies and should be kept in a safe place, such as a fireproof lockbox or a safe deposit box at a financial institution.
In order to make the Warranty Deed legally binding, the Seller needs to sign it front of a notary public. Then signed and notarized deed must be filed at the city or county office for recording property documents. Before filing with this office all previously billed property taxes must be paid in full.
Failure to record a deed effectively makes it impossible for the public to know about the transfer of a property. That means the legal owner of the property appears to be someone other than the buyer, a situation that can generate serious ramifications.
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating
Let's start with the definition of a deed: DEED: A written instrument by which one party, the Grantor, conveys the title of ownership in property to another party, the Grantee. A Warranty Deed contains promises, called covenants, that the Grantor makes to the Grantee.
A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.