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 deed 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. Recording constitutes "notice to the world" of the transfer in title.
The grantor is the person selling the property. The grantee is the person buying the property. A grant deed is a deed containing an implied warranty that there are no encumbrances on the property not described in the deed and that the person transferring the property actually owns the title. It must describe the property by legal description of boundaries and/or parcel numbers, be signed by all people transferring the property, and be acknowledged before a notary public. It is in contrast to a quit claim deed, which only conveys the interest that the transferor actually owns, if any, without a warranty of ownership.
A South Dakota Grant Deed is a legal document used in the state of South Dakota to transfer ownership of real property from one party to another. It is typically used when a property owner wishes to sell or gift their property to another individual or entity. The Grant Deed guarantees that the granter (seller) has legal ownership and the right to transfer the property, while also providing certain assurances to the grantee (buyer) regarding the title of the property. The South Dakota Grant Deed must include specific information, such as the names and addresses of both the granter and grantee, a legal description of the property being transferred, and the signature of the granter. It must also be properly notarized and recorded with the appropriate county recorder's office to ensure its validity. There are different types of Grant Deeds that can be used in South Dakota, depending on the specific circumstances of the property transfer. Some variations include: 1. General Warranty Deed: This type of Grant Deed offers the most substantial level of protection for the grantee, as it ensures that the granter guarantees to defend the title against any possible claims, even if they arose before the granter acquired the property. 2. Special Warranty Deed: A Special Warranty Deed is similar to the General Warranty Deed but provides a more limited warranty. It guarantees that the granter has not caused any title defects during their ownership but does not protect against issues that may have existed before their ownership. 3. Quitclaim Deed: In a Quitclaim Deed, the granter simply transfers whatever interest they have in the property to the grantee without making any warranties or guarantees. This type of deed is commonly used in situations where the parties have an existing relationship or when the granter is not fully aware of the property's history. When using any type of Grant Deed in South Dakota, it is crucial to consult with a qualified real estate attorney or title professional to ensure that all legal requirements are met, and the transfer of property ownership is completed smoothly and properly.A South Dakota Grant Deed is a legal document used in the state of South Dakota to transfer ownership of real property from one party to another. It is typically used when a property owner wishes to sell or gift their property to another individual or entity. The Grant Deed guarantees that the granter (seller) has legal ownership and the right to transfer the property, while also providing certain assurances to the grantee (buyer) regarding the title of the property. The South Dakota Grant Deed must include specific information, such as the names and addresses of both the granter and grantee, a legal description of the property being transferred, and the signature of the granter. It must also be properly notarized and recorded with the appropriate county recorder's office to ensure its validity. There are different types of Grant Deeds that can be used in South Dakota, depending on the specific circumstances of the property transfer. Some variations include: 1. General Warranty Deed: This type of Grant Deed offers the most substantial level of protection for the grantee, as it ensures that the granter guarantees to defend the title against any possible claims, even if they arose before the granter acquired the property. 2. Special Warranty Deed: A Special Warranty Deed is similar to the General Warranty Deed but provides a more limited warranty. It guarantees that the granter has not caused any title defects during their ownership but does not protect against issues that may have existed before their ownership. 3. Quitclaim Deed: In a Quitclaim Deed, the granter simply transfers whatever interest they have in the property to the grantee without making any warranties or guarantees. This type of deed is commonly used in situations where the parties have an existing relationship or when the granter is not fully aware of the property's history. When using any type of Grant Deed in South Dakota, it is crucial to consult with a qualified real estate attorney or title professional to ensure that all legal requirements are met, and the transfer of property ownership is completed smoothly and properly.