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South Dakota · RecordingSouth Dakota deed requirements: acknowledgment and the recording format standard

Any instrument affecting title to or possession of South Dakota real property may be recorded, and it is recorded by the register of deeds of the county where the property lies (SDCL 43-28-1). A grant of an estate in real property – other than an estate at will or a term of a year or less – that isn't duly acknowledged must, to be recorded, be proved by a subscribing witness or as SDCL 43-28-8 and 43-28-10 otherwise provide (SDCL 43-25-26). Real estate documents other than plats should be on sheets no larger than 8.5 by 14 inches and no smaller than 8.5 by 11 inches, on white paper of at least twenty-pound weight, printed in black ink in type no smaller than 10-point (signatures, dates and notarial items may be in dark blue ink), with a blank space of at least three inches at the top of the first page – the right half for the register of deeds, the left half for the preparer information – one-inch margins elsewhere and a title at the top of the first page (SDCL 43-28-23). A nonconforming document can't be rejected unless it is illegible or can't be reproduced (SDCL 7-9-15).

What the statutes set

  1. Where (SDCL 43-28-1)

    The register of deeds of the county where the property lies.

  2. Acknowledgment (SDCL 43-25-26)

    Unacknowledged grants must be proved by a subscribing witness to be recorded.

  3. Format (SDCL 43-28-23)

    8.5 × 11 to 14 in., black ink, 10-point, three-inch top margin, title on page one.

  4. Rejection (SDCL 7-9-15)

    Only if illegible or not reproducible.

What the TC checks before a South Dakota deed goes to record

  • Confirm the deed is signed by every grantor and acknowledged or proved as the statute requires.
  • Check the notary certificate and any witness signatures against the recording rules.
  • Track recording and the return of the recorded deed as tasks after closing.

Questions about South Dakota deed requirements

What margin does a South Dakota deed need?

At least three inches of blank space at the top of the first page, and one-inch margins elsewhere (SDCL 43-28-23(4)).

Can a South Dakota deed be recorded without acknowledgment?

Only if its execution is proved by a subscribing witness or as SDCL 43-28-8 and 43-28-10 provide (SDCL 43-25-26).

Related guides

Track deed review and recording as tasks on the deal in ClosingCode.

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Sources: SDCL 43-25-26, 43-28-1, 43-28-23, 7-9-15 (sdlegislature.gov), read October 31, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.