South Dakota Quit Claim Deed

State:
Multi-State
Control #:
US-03130BG
Format:
Word; 
Rich Text
Instant download

Description

A deed is an instrument by which an owner (the grantor) transfers an interest in land to a new owner (the grantee). No consideration is required to make the deed effective. The deed is necessary to transfer title to land even if it is a gift. It has no effect, and title does not pass until the deed has been delivered. The recording of the is not required to make the deed effective to pass title between the buyer and the seller. However, recording is necessary so that the public will know that the buyer is the present owner.


A quitclaim deed transfers whatever interest, if any, a grantor may have in the property, without specifying the interest in any way. No warranty of ownership is given. This type of deed is commonly used to clear title to property. A warranty deed transfers a specified interest and warrants or guarantees that this interest is transferred. The grantor warrants that the title is good, that the transfer is proper, and that there are no liens other than stated in the deed. The grantee can sue if the warranty is breached.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Quit Claim Deed?

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FAQ

In South Dakota, real estate can be transferred via a TOD deed, also known as a beneficiary deed. This deed allows a property owner to name a beneficiary who will automatically inherit the property upon the owner's death, avoiding probate.

Signing Requirements § 43-25-26: The grantor must sign South Dakota quitclaim deeds before a notary public or a subscribing witness. Recording Requirements § 43-28-1: Quitclaim deeds must be recorded with the County Register of Deeds's Office in the county where the real property is located. Transfer Tax § 43-4-21: $.

Imposition and amount of real estate transfer fee. A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.

Because of the Real Property Transfer on Death Act (?the Act?), South Dakotans can also pass their real estate onto beneficiaries, without the real estate going through the probate process.

A South Dakota warranty deed?sometimes called a general warranty deed?provides the most thorough warranty of title. The current owner guarantees a clear title?subject to no undisclosed liens or other encumbrances?and agrees to defend the new owner's title against adverse claims.

43-4-21. Imposition and amount of real estate transfer fee. A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.

Reviewed by Susan Chai, Esq. A South Dakota (SD) Quitclaim Deed is a legal document that transfers whatever ownership interest in a property one person (the grantor) has, if any, to another person (the grantee).

Signing Requirements for South Dakota Deeds. A South Dakota deed must include the current owner's original signature. The owner's signature should be dated. A deed transferring real estate owned by two or more owners must include all co-owners' signatures?unless only one owner is transferring an interest.

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South Dakota Quit Claim Deed