Free South Dakota Quitclaim Deed Form

Using the Quitclaim Deed in South Dakota

A quitclaim deed in South Dakota is the tool used to document a conveyance or transference of property from one party to another. Over the years, the use of this deed in real estate transference has been on the rise thanks to the deed’s ease of use and convenience. For this reason, this deed is mistakenly called a quick claim deed. Note, however, that the other acceptable name of the deed is a non-warranty deed or a quitclaim.

History of quitclaims

In the past, the conveyance of property was made possible by the use of written or spoken contracts which signified property transfer. But to give their seal of approval, the person transferring or selling property had to take part in a ceremonial act called the Livery of Seisin. The ceremony was only deemed complete after the property owner gave the recipient of the property a tuft of grass.

Of course, none of us wishes to go back to the olden days, hence the use of the quitclaim to transfer property. Legally, the person who receives the property is called a grantee.

Should you use a Quitclaim Deed?

Despite being one of the most popular deeds used in real property transfers, the deed comes with one problem; it doesn’t provide any warranties on the title. The quitclaim only transfers the interests held by the grantor at the time of the deed’s execution. The grantor may or may not be the actual legal owner of the property. By failing to provide a warranty on the title, it means that the title, it means that the title might have issues or defects which could result in the revocation of the grantee’s rights in the property.

With this high level of risk involved when using quitclaims, it’s recommended that you only use a quitclaim in transactions that involve close family members or generally people you trust.

If this doesn’t work for you, you have the alternative of using other real property deeds which will give you recourse against the grantor if a title or an ownership issue arises. In such cases, your next best alternative is the use of warranty deed, general or special. With the general warranty deed, the grantor provides guarantees for ownership and a clear title, hence its use in residential property purchases. The special warranty deed also offers a grantee legal recourse against the grantor, but when it’s signed, it shows that the grantor only gives a warranty for the property while they held ownership of the property, not before. With a special warranty deed, a title could have defects from before the time the grantor held the title.

  • When to use the quitclaim deed?

    • Transference of property rights from parents to children, and between family members or close relatives.

    • When transferring property to a trust, during estate planning

    • Transferring real property to an entity like a corporation or an LLC

    • Clearing clouds on real property. Clouds on the title are also called defects, and they affect finances because they often create a level of ambiguity. For example, if you are looking for title insurance, your insurer will run a title search to confirm the details of your title. If it turns out that the deed has a name that shouldn’t be on the deed or if a name is missing, then your insurer will ask you to create a new quitclaim to remove that cloud.

    • You could also use a quitclaim to add or change your name on a title.

    • In marriages and divorces, the quitclaim facilitates the addition or the removal of a spouse’s name to or from a title.

Creating a quitclaim

If you desire to create a quitclaim deed in South Dakota to facilitate the transfer of your rights in the property to a trust, entity, or a loved, you first need to download a free South Dakota quitclaim deed form. This form comes in a printable PDF format, and it serves as your template. Being state-specific, the deed guides you on exactly what you need to do to create a legally valid quitclaim.

  • The basic requirements for the deed include:

    • A grantor’s signature

    • An acknowledgment of the signature by a notary public

    • Grantee’s mailing address and their full legal names

    • A full legal description of the property

    • This deed should be recorded by the county recorder in the county where the property is based.

    • The statutes note that anyone holding the rights to a real property using a quitclaim is, under code section 43-25-11, regarded as a purchaser, in good faith or for a valuable consideration. The only thing that changes this is a scenario where, at the time of the deed’s execution and delivery, the person seeking title to the property was aware of a previously unrecorded quitclaim for the property.

    • If a quitclaim isn’t recorded, but the parties involved have adequate notice of its existence, the deed will be deemed valid.

    • So, for the public and other interested third parties to be aware of a property’s conveyance, it’s important to record the quitclaim with the appropriate county office. Failure to record a deed deemed the deed void in the event of a subsequent recording of a quitclaim by a bona fide property buyer or a creditor.

    • For recording, your deed must be accompanied by the property’s Certificate of Value.

Are you conveying your real property rights for a rental property in Sioux Falls, Aberdeen, Rapid City, Pierre, Brookings, Mitchell, Watertown or in another city in South Carolina? Don’t put off the process anymore. Get our free quitclaim deed form now, to kick start things.

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