Special Warranty Deed

SPECIAL WARRANTY DEED

State of South Dakota

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE

DOCUMENT INFORMATION

PREPARED BY (Required per SDCL 7-9-1)

Name: _____________________________________________

Address: _____________________________________________

DEED TAX STATEMENT (SDCL 43-4-21)

Purchase Price: $_______________

Deed Tax Due ($0.50 per $500): $_______________

☐ Deed Tax is paid herewith.

☐ EXEMPT FROM TRANSFER FEE PURSUANT TO SDCL 43-4-22(___)
(Insert applicable subdivision number in parenthesis)

Exemption Reason: _____________________________________________

SPECIAL WARRANTY DEED

KNOW ALL PERSONS BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby GRANTS, BARGAINS, SELLS, AND CONVEYS with SPECIAL WARRANTY to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of South Dakota, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Parcel ID: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Grantor hereby covenants with Grantee that Grantor is lawfully seized of said premises in fee simple; that the premises are free from all encumbrances made or suffered by Grantor; and that Grantor WARRANTS AND WILL DEFEND the title to the above-described premises against the lawful claims of all persons claiming by, through, or under Grantor, but against none other.

Section 3.2 Effect of Special Warranty Language

By including the above language, Grantor covenants that:

(a) Grantor has not previously conveyed the same estate or any right, title, or interest therein to any person other than the Grantee;

(b) The estate is, at the time of execution, free from encumbrances done, made, or suffered by Grantor;

(c) This warranty extends only to claims arising from acts or omissions of the Grantor and those claiming by, through, or under the Grantor.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• SDCL 43-25-1 et seq. (Conveyances generally)
• SDCL 43-28-2 and SDCL 43-28-4 (Acknowledgment requirements)
• SDCL 43-4-21 (Deed tax)
• SDCL 43-4-22 (Transfer fee exemptions)
• SDCL 7-9-1 (Prepared by statement)
• SDCL 7-9-15 (Recording fees)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Certificate of Real Estate Value

Pursuant to South Dakota law, a Certificate of Real Estate Value (Form PT 56) must be filed with any deed.

☐ Certificate of Real Estate Value (Form PT 56) is attached.

Section 5.2 Personal Information Protection

Pursuant to South Dakota law, the preparer of this document has not included any individual's personally identifiable information (such as Social Security numbers) in this instrument.

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 South Dakota Acknowledgment (Individual)

STATE OF SOUTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _____________________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same.

_____________________________________________
Notary Public, South Dakota

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.2 South Dakota Acknowledgment (Corporation)

STATE OF SOUTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _________________________, known to me to be the _________________________ [title] of _________________________ [corporation name], and acknowledged to me that said corporation executed the within instrument, and that he/she executed the same as the authorized act of said corporation.

_____________________________________________
Notary Public, South Dakota

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.3 South Dakota Acknowledgment (Partnership/LLC)

STATE OF SOUTH DAKOTA
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public in and for said County and State, personally appeared _________________________, known to me to be the _________________________ [title] of _________________________ [entity name], and acknowledged to me that said entity executed the within instrument, and that he/she executed the same as the authorized act of said entity.

_____________________________________________
Notary Public, South Dakota

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

Section 7.4 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

On this _____ day of _________________, 20_____, before me, a Notary Public, personally appeared:

_____________________________________________

known to me (or proved to me) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged the execution thereof.

_____________________________________________
Notary Public

My Commission Expires: _____________________________________________

[NOTARIAL SEAL]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of South Dakota

SOUTH DAKOTA RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (SDCL 7-9-15)

Deed Tax (Transfer Tax) - SDCL 43-4-21

Note: Seller pays the Deed Tax per SDCL 43-4-21.

Deed Tax Exemptions (SDCL 43-4-22)

If exempt, the following statement must be typed on the face of the deed:

"Exempt from Transfer Fee Pursuant to SDCL 43-4-22(___)"
(Insert applicable subdivision number in parenthesis)

Exemption categories include transfers:

• Between family members
• To or from governmental entities
• Pursuant to divorce decree
• Other statutory exemptions per SDCL 43-4-22

Required Accompanying Documents

1. Certificate of Real Estate Value (Form PT 56) - Required for all deeds
2. Deed Tax Payment - Unless exempt

Documents NOT Requiring Certificate of Real Estate Value

• Divorce Decree
• Probate Decree
• Easements

Different Acknowledgment Forms

South Dakota has different acknowledgment forms for:

• Individuals
• Corporations
• Partnerships
• Power of Attorneys
• Trustees
• Other entity types

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice of the conveyance.

2. Priority: South Dakota follows the race-notice recording system.

3. Personal Information: Do not include personally identifiable information (SSN, etc.) on documents submitted for recording.

4. Title Insurance: Grantees should consider obtaining title insurance, especially given the limited warranty nature of this deed.

5. Legal Counsel: Consultation with a licensed South Dakota attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed South Dakota attorney before using this form.