Deed Recording Requirements in South Dakota
South Dakota requires a deed to be acknowledged (or proved) before it can be recorded, and a state real estate transfer fee of 50 cents per $500 of value is paid by the grantor.
Last checked . General information, not legal advice.
South Dakota at a glance
- Notary acknowledgment
- Required to record
- Witnesses
- None
- Transfer tax
- State tax applies
- Exemptions may apply
The rules in South Dakota
Does a deed need to be notarized in South Dakota?
South Dakota requires a deed to be acknowledged (or, where the statute allows, proved) before it can be recorded.
How many witnesses does a deed need in South Dakota?
None. South Dakota does not require witnesses to sign a deed.
Is there a real estate transfer tax in South Dakota?
Yes. South Dakota charges a state transfer tax or similar fee when a deed is recorded. Some transfers may be exempt, so check the current statute.
Where do the South Dakota rules for deeds come from?
They come from SDCL 43-28-8 Instruments which must be acknowledged or proved before record and SDCL 43-4-21 Imposition and amount of real estate transfer fee. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.
How South Dakota compares
South Dakota is one of 35 jurisdictions that charge a state transfer tax or deed fee.
What this means in practice
Record the signed deed with the county recorder, register of deeds or land records office where the property is located. Recording puts the world on notice of the transfer and generally protects the new owner against later claims.
Recording offices often have formatting rules (margins, paper size, a return address, a parcel number) and charge a fee. Check the county's requirements before you sign.
A deed does not pay off a mortgage. If the property is mortgaged, the loan usually stays in place after the transfer.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.