GENERAL WARRANTY DEED
(State of South Dakota)
[// GUIDANCE: This template is intentionally expansive to comply with the user-supplied “DOCUMENT ARCHITECTURE” while remaining fully adaptable for routine South Dakota conveyances. Practitioners may omit or streamline any section that is not customary for a deed filed in their county so long as statutory conveyancing language, warranty covenants, and recording requirements remain intact.]
I. DOCUMENT HEADER
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Recording Information
1.1 Prepared By: [PREPARER NAME, ADDRESS, PHONE]
1.2 Return To: [RETURN NAME & ADDRESS FOR RECORDED DEED]
1.3 Tax Parcel No.: [PARCEL ID]
1.4 Real Estate Transfer Fee (SDCL Ch. 43-4): [AMOUNT OF STAMPS / EXEMPTION CODE] -
Parties & Effective Date
2.1 Grantor: [GRANTOR FULL LEGAL NAME], a [INDIVIDUAL / ENTITY TYPE & STATE OF ORGANIZATION], whose mailing address is [ADDRESS].
2.2 Grantee: [GRANTEE FULL LEGAL NAME], a [INDIVIDUAL / ENTITY TYPE & STATE OF ORGANIZATION], whose mailing address is [ADDRESS].
2.3 Effective Date: [DATE OF DELIVERY] (“Effective Date”). -
Consideration
For the sum of [CONSIDERATION AMOUNT] Dollars ($[___]) and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, Grantor conveys to Grantee the Property defined below with general warranty covenants as set forth herein. -
Jurisdiction & Governing Law
This instrument is governed by and construed in accordance with the real-property laws of the State of South Dakota. Venue for any proceeding relating to this Deed shall lie exclusively in the state courts of competent jurisdiction located in the county where the Property is situated.
II. DEFINITIONS
“Property” means the real property located in the County of [COUNTY], State of South Dakota, legally described as:
[INSERT FULL LEGAL DESCRIPTION—LOT, BLOCK, SUBDIVISION, SECTION-TOWNSHIP-RANGE, ETC.]
Together with all appurtenances, hereditaments, improvements, rights, privileges, and easements belonging or appertaining thereto.
“Warranty Covenants” collectively refers to the covenants of (a) seisin, (b) right to convey, (c) against encumbrances, (d) quiet enjoyment, and (e) further assurances, each as more fully described in Section IV.
III. OPERATIVE PROVISIONS
3.1 Granting Clause. Grantor does hereby grant, bargain, sell, convey, warrant, and confirm unto Grantee the Property in fee simple absolute, subject only to the Permitted Exceptions identified in Section 3.2.
3.2 Permitted Exceptions.
a. Real property taxes and assessments not yet due and payable;
b. Easements, restrictions, and covenants of record as of the Effective Date;
c. Rights of tenants in possession under unrecorded leases disclosed to Grantee, if any; and
d. [ADD/DELETE OTHER ACCEPTED EXCEPTIONS].
3.3 Habendum Clause. To have and to hold the Property unto Grantee and Grantee’s heirs, successors, and assigns forever, subject to the Permitted Exceptions.
3.4 Conditions Precedent/Subsequent. Delivery of this Deed is conditioned upon:
a. Actual receipt of the Consideration by Grantor; and
b. Acceptance of title by Grantee.
Failure of either condition renders this conveyance voidable at the election of the non-breaching party.
IV. REPRESENTATIONS & WARRANTIES
4.1 Covenant of Seisin. Grantor owns the fee simple estate in the Property.
4.2 Covenant of Right to Convey. Grantor has full power and lawful authority to convey the Property.
4.3 Covenant Against Encumbrances. Except for the Permitted Exceptions, the Property is free and clear of all liens, encumbrances, and claims of third parties.
4.4 Covenant of Quiet Enjoyment. Grantee and Grantee’s successors and assigns shall peaceably and quietly hold and enjoy the Property without lawful disturbance from any person claiming by, through, or under Grantor.
4.5 Covenant of Further Assurances. Grantor shall, at Grantee’s reasonable request and expense, execute and deliver such further instruments as may be reasonably required to perfect Grantee’s title.
4.6 Survival. The Warranty Covenants survive delivery and recording of this Deed and run with the land indefinitely.
V. COVENANTS & RESTRICTIONS
5.1 Affirmative Covenants. Grantor shall cooperate with Grantee to satisfy any post-closing recording, transfer-tax, or corrective-instrument requirements imposed by South Dakota law.
5.2 Negative Covenants. Grantor shall not, after the Effective Date, convey or encumber the Property or any interest therein.
5.3 Notice & Cure. A party asserting breach of a Warranty Covenant must give written notice to the other party within thirty (30) days after discovery and grant a sixty (60) day opportunity to cure before pursuing remedies, except in cases where expedited quiet-title relief is required to prevent irreparable harm.
VI. DEFAULT & REMEDIES
6.1 Event of Default. Breach of any Warranty Covenant or failure to satisfy Section 3.4 constitutes an Event of Default.
6.2 Remedies.
a. Specific Performance or reformation of title;
b. Damages capped pursuant to Section VII;
c. Quiet-title action or injunctive relief; and
d. Recovery of reasonable attorney fees and costs to the prevailing party.
VII. RISK ALLOCATION
7.1 Indemnification. Grantor indemnifies, defends, and holds Grantee harmless against all losses, liabilities, and expenses (including reasonable attorney fees) arising from any breach of the Warranty Covenants.
7.2 Limitation of Liability. Grantor’s aggregate liability under this Deed shall not exceed the Consideration actually paid, plus reasonable costs of defense and enforcement.
7.3 Force Majeure. Neither party shall be liable for delays or failures in performance caused by events beyond their reasonable control; however, this does not excuse Grantor’s Warranty Covenants.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. South Dakota substantive real-property law applies without regard to conflict-of-law principles.
8.2 Forum Selection. The parties consent to exclusive jurisdiction in the state courts of the County where the Property is located.
8.3 Arbitration & Jury Trial. Arbitration is expressly excluded. No jury-trial waiver is provided.
8.4 Injunctive Relief. Nothing in this Section shall limit Grantee’s right to seek quiet-title relief or other equitable remedies.
IX. GENERAL PROVISIONS
9.1 Entire Agreement. This Deed constitutes the entire agreement between the parties with respect to the conveyance of the Property and supersedes all prior agreements.
9.2 Amendments. Any amendment must be in a recordable instrument executed by the then-record owner(s) of the Property.
9.3 Successors & Assigns. All covenants herein bind and inure to the benefit of the parties’ respective heirs, successors, and assigns.
9.4 Severability. Any invalid provision shall be severed and the remainder enforced.
9.5 Counterparts; Electronic Signatures. This Deed may be executed in counterparts, each of which is deemed an original. Electronic signatures satisfying applicable state law are effective.
9.6 Recording Compliance.
a. Minimum 2-inch top margin on first page; 1-inch margins elsewhere.
b. Font not smaller than 10-point.
c. Names of all signatories typed or printed beneath signatures.
d. Address of Grantee (SDCL § 7-9-1) must appear on the face of the deed.
[// GUIDANCE: Verify current county recorder formatting checklists; some counties require a “Certificate of Real Estate Value” or e-submission cover sheet.]
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the Effective Date.
[GRANTOR NAME]
Title (if entity): [AUTHORIZED SIGNATORY TITLE]
STATE OF SOUTH DAKOTA )
) SS
COUNTY OF [COUNTY] )
On this ___ day of ____, 20__, before me, the undersigned officer, personally appeared [GRANTOR NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that (s)he executed the same for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal.
Notary Public – South Dakota
My Commission Expires: __
[OPTIONAL SECOND SIGNATURE BLOCK FOR ADDITIONAL GRANTORS]
EXHIBIT A
Legal Description of Property
[ATTACH FULL LEGAL DESCRIPTION IF NOT INCLUDED IN BODY]
[// GUIDANCE:
1. Confirm that consideration is stated or, if undisclosed, insert “One Dollar ($1.00) and other valuable consideration” and compute transfer-fee stamps separately.
2. Verify homestead or spousal signature requirements under SDCL Ch. 43-31 if the Property is or may be a homestead.
3. For entity Grantors, attach resolutions or certificates of authority if required by the title insurer or county recorder.
4. Attach a South Dakota Certificate of Real Estate Value (SD Department of Revenue Form PT 56) unless an exemption applies.]