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South Dakota · SDCL ch. 44-9South Dakota mechanic's lien deadlines: the 120-day statement and the 30-day demand to sue

In South Dakota, a mechanic's lien ceases 120 days after the claimant did the last work or furnished the last item of skill, services, material or machinery, unless within that period a statement of the claim is filed with the register of deeds of the county where the improved property is (SDCL 44-9-15). After a lien is filed, the owner, the owner's agent or the contractor can serve a written demand requiring the lienholder to start a suit to enforce it; if the lienholder doesn't sue within 30 days, the lien is forfeited, and no sooner than the 40th day after service the register of deeds cancels it of record on an affidavit, a copy of the demand and proof of service (44-9-26).

The deadlines

  1. 1. Lien statement (44-9-15)

    Filed with the register of deeds within 120 days after the last work.

  2. 2. Demand to sue (44-9-26)

    The lienholder must sue within 30 days of the demand.

  3. 3. Forfeiture (44-9-26)

    No suit – the lien is forfeited.

  4. 4. Cancellation (44-9-26)

    Register of deeds cancels it from the 40th day after service.

What the TC can do

  • If the seller had work done within the filing window, ask for lien waivers from the contractor and subcontractors.
  • Send any recorded lien to the title company before closing.
  • Keep the waivers in the deal file.

Questions about mechanic's liens

How long does a South Dakota contractor have to file a mechanic's lien?

120 days after the last work or the last item furnished (SDCL 44-9-15).

How can a South Dakota seller clear a mechanic's lien before closing?

One route is a written demand to sue: if the lienholder doesn't start a suit within 30 days, the lien is forfeited and can be cancelled of record (SDCL 44-9-26).

Related guides

Add a task in ClosingCode for lien waivers from recent contractors, with an owner and a due date before closing.

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Source: South Dakota Codified Laws 44-9-15 and 44-9-26 (sdlegislature.gov, read October 26, 2026).

General information, not legal advice. The title company decides how a lien affects the title policy. ClosingCode is software; it is not a law firm or title company. This guide is not a substitute for the advice or services of an attorney.