South Dakota Property Records
South Dakota is referred to as "the land of infinite variety" due to its ever-changing weather, diverse scenery, economy, state symbols, and famous people. The state averages ten people for every square mile and was the 40th state to join the Union in 1889. It encompasses 77,123 square miles and has more shoreline than Florida. East of the Rocky Mountains, the highest point in the U.S. is in South Dakota. South Dakota is nicknamed The Mount Rushmore State, nodding to its famous rock formations carved into presidential heads. South Dakota has a population of 909,824 residents and 397,526 houses, meaning the state creates thousands of property records annually.
Property records are essential for homeowners, realty professionals, and local government. These records are created by individuals, attorneys, realtors, title companies, appraisers, the courts, local government offices, assessors, insurance companies, and others in home-related businesses.
What Are Property Records in South Dakota?
South Dakota property records are official documents that contain information about real property and its owners. These documents tell the complete story of a property from its origins to the present day. Some records are detailed, and others are sparse. Many of them overlap with similar information.
Property History Search Can Include
A property history search can unveil secrets about a property that might surprise you. Property records have vast information; when you view it all together, you can get a clearer picture of the history and make better decisions.
Some of the things that a property history search may reveal include:
- Property Address
- Detailed Legal Property Description
- Current Owner's Name and Address
- Historical Owners
- Property Inspections
- Appraisals / Property Value
- Deeds
- Liens
- Tax Records
- Mortgage Records
- Bankruptcies
- Foreclosures
- Plat Maps
- Surveys
- Easements / Conveyances
- Property Details
- Lot Size
- Zoning
- Boundary Lines
Sources of Property Records in South Dakota
Unfortunately, the same government office does not store or maintain all property records. Instead, the records are spread among public and private entities all across the state.
For example, if you need to file a deed in South Dakota, you must visit the local county register of deeds office. They will record it for you and make it a public record. If you live in Minnehaha County, the register of deeds is Amanda Halsey.
Two county officials handle property taxes. First, the county auditor assesses each property and sets tax rates. The local county treasurer sends out tax bills and collects the funds to pay for local services. The South Dakota Department of Revenue oversees all local county tax officials.
If you plan on renovating your home, building a new one, or demolishing something, you first need to apply for a building permit. Cities and towns handle issuing building permits. Visit the city permit desk in the town where you need to do the work. For information on how to apply in Rapid City, consult their website.
How are Land Records Different from Property Records?
South Dakota does not distinguish between property and land records. They view them as the same thing. The local county register of deeds office is the library source for property and land records.
The Role of the Register of Deeds
In South Dakota, the register of deeds office is the primary records office and repository for land and property records. The office generates revenue from filing and recording fees, copy fees, and providing vital records. Some of the types of records they handle are plats, deeds, mortgages, covenants and restrictions, easements, mechanic's liens, county, state, and federal tax liens, county aid liens, UCC filings, and other documents.
How Property Records are Maintained in South Dakota
Each South Dakota register of deeds has its own system of filing, maintaining, and recording records. However, one consistent item is that when a new record arrives, the register of deeds stamps it with the date, time, and a unique identifier, then records it and makes it a public record.
Accessing Records at the Register of Deeds in South Dakota
Since property records are public records, anyone can visit a register of deeds office during regular business hours and review them and request copies. The office can charge you a small fee per copy. Here are a few county websites to get you started.
Register of Deeds Locations in South Dakota
When looking for property records, you must have the correct county. The South Dakota Secretary of State created a list of all the registers of deeds to make it easy for you to find what you need.
Types of Property Records
When you start delving into property records, you will find many different types, each with different information on them. Some may overlap a bit, but each one serves a specific purpose. Some of the most common types of property records in South Dakota are:
Deeds and Conveyance Records
Deeds are the most common type of property record, and most people are familiar with them. They transfer ownership of property from one person to another, and they verify the title of the property. The register of deeds in each county in South Dakota records and maintains deeds.
All parties must sign deeds, and a notary must witness them. Some of the information contained in deeds includes:
- Name of the Seller/Grantor and Buyer/Grantee.
- A detailed description of the property.
- Maps and plats along with boundaries and sometimes surveys showing the acreage and edges of the property.
- Conveyance language explaining the ownership transfer from one person or entity to another.
- Notarization and execution are at the bottom, where everyone signs to make it legal.
Much of the language contained in deeds refers to the warranty implied or specified and the conveyance of the land from one or more parties to another.
Property Tax Records
Property taxes pay for schools, local government salaries, emergency services like fire, police, and EMTs, and road maintenance. Everyone who owns property in South Dakota must pay annual property taxes.
The local county tax auditor sets tax rates in South Dakota. The average effective property tax rate in the state is 1.08%. South Dakota taxes are high. For example, the average homeowner pays $3,557 a year in Lincoln County. The local county treasurer collects property taxes and sends out bills. The South Dakota Department of Revenue oversees these local tax officials.
A property tax record typically includes the following details:
- Property's Description - The document may include a legal description. If not, it will mention property identifiers such as boundaries and physical addresses.
- The Owner's Name - The record must include the owner's name. The named party is responsible for the property taxes.
- Assessed Value - The assessor's office determines the property's value, which calculates owed taxes. Every tax record in South Dakota must include the property's assessed value.
- The Tax Rate - Each property falls under a taxing jurisdiction with a different tax rate used to determine the total taxes. The document should include the applied tax Rate.
- Due Tax Amount - The document shows contributions made so far, if any, and the owed amount.
- Due Dates - The record should advise property owners on the deadline for making tax payments.
- Contact Information - The document may include the county assessor's contact information or physical address.
Easements and Covenants
Deeds often come with easements and covenants, which dictate specific things about the property. Easements are rights of way that allow someone other than the owner to enter the property anytime they like for a particular purpose. An example might be a cell phone company that has towers installed on private land. The company can access the land to maintain its towers without first asking for permission. Anyone who buys that property must respect this same rule.
Covenants are rules about how a property can be used. These show up in condo developments and gated communities. An example might be that everyone in the development must keep their lawn mowed to a specific height.
Plats and Surveys
Plats and surveys are different types of maps. Plats show the boundaries of a property along with the boundaries of all the surrounding properties, while surveys show only the boundaries of a single property. Both usually accompany deeds.
Property surveys may detail the following information:
- Encroachments - The record may show any structures or improvements from adjacent properties that may extend beyond the property's boundaries.
- Legal Description - Some surveys have a legal description of the property or may at least include identifiers such as property address.
- Property Owner's Details - The document should name the owner of the property plus other information such as contact details.
- Boundary Lines - Most surveys show measurements and angles of boundary lines.
- Topographic Features - The survey may include information about the property's terrain, elevation changes, natural features like rivers or ponds, or man-made structures.
Historical Property Records
Property records can quickly become unwieldy. When this happens, states like South Dakota move their older historical records into archives to make room for new ones. The South Dakota State Historical Society is responsible for all historical property and land records.
Building Permits and Regulations in South Dakota
If you want to build a new home or renovate, you must get a building permit first. In South Dakota, each town/city handles their own building permits. You can visit the permitting office or building inspector's office to apply.
How Can I Search for Property Records?
Many life events prompt you to search property records to understand a specific property better. Thankfully, you have many options available to you. Try the methods below to see what works for you.
Online Property Record Search
First, try a property history search by typing the full property address into a Google search bar and see what comes up. Generally, you will see realty sites and other information, but not necessarily what you need.
In-Person Property Record Search
Visit any of the register of deeds locations in South Dakota to request records. They are required by law to provide them. If you need copies, they might charge a small fee per page.
Using Property Record Indexes
You can also find many property indexes online. Some of these are fine, but others don't contain accurate or updated information. Always verify facts that you get from these types of repositories.
Utilizing Commercial Services
Using a professional property records service like PropertyChecker is the best way to find all the records you need in one place. The user-friendly platform gives you access to millions of nationwide property records.
How to Search Property Records by Address
Searching with the property address is the best way to get the results you need. Type the full property address, including city, state, and zip code, into a search bar and review the results.
How to Search Property Records by Name
Sometimes, you can search using the owner's name, but that's not the best option. With many people sharing similar names, you might have to wade through many records to find what you need.
Understanding Property Ownership in South Dakota
There is nothing like the feeling of owning your own property. However, property ownership comes with a lot of responsibility, like paying your mortgage, interest, and insurance on time and maintaining the property to retain its value. When you purchase property in South Dakota, your name will appear in property records.
Identifying Property Owners
There are times when you need to identify property owners. You can do so easily by contacting the local register of deeds in the correct county and asking to see the most current deed. That deed will show you who owns it and when they acquired it.
Chain of Title
The chain of title is the complete history of all owners of a piece of property. This list is a public record documented through county deeds; anyone can review it.
Ownership History and Transfers
Not all property changes hands through real estate sales. Sometimes, a person will gift property to another person through their will or before death. Other times, the person may sign the deed to their home over to a creditor to pay off a debt.
Property Descriptions and Boundaries in South Dakota
Every single piece of real property has a legal property description. This description includes map coordinates and a written description of natural landmarks and other things to make it easy to find. The legal description will appear in many different types of property records, such as deeds, appraisals, mortgages, and others.
Surveys and Land Measurements
Surveys measure land and determine the official boundaries of a piece of property. These surveys are used before building new homes, installing underground utilities, and in boundary disputes.
Boundary Disputes and Resolutions
Boundary disputes are very common. They occur when one party believes another is encroaching on their land. These often get very heated and end up in court, where a judge must decide. The courts usually rely on professional surveyors to map out the boundaries and help determine the outcome.
Liens, Encumbrances, and Property Records in South Dakota
Liens are encumbrances that negatively affect a property and its owners. A property with multiple liens could indicate the owner has serious financial issues that will harm their reputation. Liens appear in public property records for anyone to see. There are two main types of liens to worry about voluntary and involuntary.
Voluntary Liens
Voluntary liens are those over which you have control. You choose to use your house as collateral to take out a loan. The lender will lend you the funds with the understanding that they will place a lien on the property to protect themselves. If you default on the loan, they will use the lien to foreclose and sell the property to get their money back.
Mortgage Liens
Many people have mortgage liens. When you borrow money to buy a property, your lender will place a lien on the property. The lien will remain on the property until the loan is paid off. Mortgage liens can lead to the loss of your home.
The following information will likely appear in a mortgage contract:
- Loan Amount - The document will show the initial borrowed amount, the applicable interest rate, and the total repayable amount.
- Dates - The document will show the signing dates, the deadline for repaying the loan, and how frequently contributions should be made.
- Payment Methods - The document will likely show the accepted methods of contributing towards the loan.
- Property Description - The record may include a property description with features such as parcel numbers and addresses.
- Names - The record must include the borrower's name and contact details or address.
Involuntary Liens
Involuntary liens are the type that you don't have control over. Whenever you fail to pay a debt, the debtor can impose a lien and, in most cases, foreclose and sell the property to get the money back.
Mechanic's Liens
When contractors, material suppliers, and others work on your property, and you fail to compensate them, they can impose a mechanic's lien. Once they do that, they have a short time window in which to sue you in court to enforce the lien, and they could foreclose and sell your house.
Tax Liens
The county may impose a tax lien if you don't pay your annual property taxes. These are very serious and almost always lead to foreclosure and the loss of the home.
Judgment Liens
Creditors use judgment liens to collect a debt from homeowners who fail to pay them. They, too, must sue you in court, and then, if they win, they can foreclose, evict you, and sell the property to get their money back.
The Process of Property Liens in South Dakota
The process of filing a property lien depends on the type of lien. Here is a breakdown of the process of filing a Mechanic's lien in South Dakota:
- The first step is providing the preliminary notice. Subcontractors, suppliers, and sub-subcontractors must send a preliminary notice to the general contractor and owner if the general contractor filed and posted a Notice of Commencement. The deadline for giving notice is 60 days post the last work date.
- The second step is filling out the liens form with the correct information. The more information a claimant provides, the better it can hold against challenges. Claimants must include a description of the work or supplies provided, the property owner's details, a description of the property, dates of work, and the owed amount.
- The third step is filing the lien. The county Register of Deeds office must file South Dakota mechanic's liens. The register charges a fee for the filing, which must be paid in full. The lien form must be notarized. After this, the lien holder had six years to enforce or release the lien.
Property Records and Real Estate Transactions in South Dakota
Property records come into play heavily during real estate transactions. Before the sale, many of the participants (buyer, attorney, title company, appraiser, realtor, etc.) use property records to gather information. More records (appraisal, deed, inspection, insurance, binder) will be created during the sale, replacing older records.
Buying Property: Due Diligence
Before buying property in South Dakota, you need to find out as much as possible by doing a property history search. You can learn much about the property, like the value, taxes, insurance, and building permits, which mean renovations, liens, foreclosures, and more.
Selling Property: Providing Disclosure
Before selling a property, you must disclose any material defects or negative things you know about the property. Most often, these deal with asbestos and lead paint. You can search property records to fill in the blanks if you don't know.
Title Searches and Insurance
You must purchase title insurance if you borrow money to buy a property. Your lender will require it. It protects you and them from any legal claims against the property after the sale. Your title company will perform a property title search to try to avoid these issues.
Foreclosure and Property Records in South Dakota
Foreclosures appear in public property records. They also lower the price of the house before fair market value and can be complicated to sell. All liens must be satisfied before closing. Therefore, many buyers won't want to deal with the hassles. Investors might, though.
Pre-Foreclosures in South Dakota
Pre-foreclosures are foreclosure homes that have yet to be sold at auction. These homes are highly desirable to investors, who buy them cheaply and sell them for a profit.
When was the House Built?
If you want to know when a specific house was built, contact the local building inspector's office or register of deeds and ask to see the first-ever building permit. It will tell you when the house was built and who owned it.
Property Records and Property Values
Property values appear throughout various property records. These values fluctuate based on the local real estate market, interest rates, and other factors. The median home price in South Dakota is $306,829. Knowing about the fair market value of a property can help buyers make informed decisions.
Assessments and Appraisals
Professionals use assessments and appraisals to determine the value of a property for different purposes. Tax auditors in South Dakota use assessments to value property to set tax rates. These rates don't always match the fair market value.
Appraisers use complex formulas comparing similar properties in the local area and recent sales to derive the fair market value for mortgages and estate planning purposes.
Factors that Determine Property Values in South Dakota
- Demographic Numbers - South Dakota populations can be broken down into various demographic classifications, establishing demand patterns in the area. For example, if the area has more high-income earners, the demand for housing increases, and thus the property value may increase.
- Historical Significance - South Dakota has a rich historical past with attractions like Mount Rushmore, Badlands National Park, and numerous Native American sites. Properties close to these culturally significant regions and historic sites can be worth more.
- Natural Resources - Property values may be impacted by South Dakota's abundant natural resources, which include agricultural land, bodies of water, and picturesque views. Farmland access or beachfront settings may increase the value of a property, such as in the Black Hills Region, with breathtaking landscapes and recreational opportunities.
- Infrastructure and Amenities - The availability and quality of infrastructure and amenities like healthcare facilities, educational institutions, and recreational opportunities can impact property values. For example, Aberdeen has a well-developed infrastructure, a hospital, and educational facilities that may increase property values.
Privacy and Property Records
Most property records are public, meaning they cannot be kept private. Private land sales are still recorded with the county register of deeds, and anyone can find out about them. When you buy property in South Dakota, your name and address appear in public property records.
Accessing Public Property Records
Public property records are accessible in person at the county register of deeds where the property is, the tax office, and other local government agencies. Sometimes, the counties put their records online, and you can search for them there. That is not consistent across all counties, though.
Why are Property Records Public?
Property records are public for two main reasons. First, they preserve the public chain of title, showing all owners going back to the first, which is documented through deeds. Second, they prevent any government office from having too much power over the people.
How Do I Protect My Personal Information in Property Records?
Unfortunately, you cannot remove all your personal details from public property records. However, you can limit the information available about you by contacting the register of deeds, tax offices, building inspectors, and other local entities and asking them to remove anything beyond your name and address. To avoid identity theft and fraud, you want to avoid sharing your phone number and address through public records.
Maintaining and Amending Property Records
When life events occur, updating your property records to keep them current is essential. The agencies that hold your records will not be informed of any changes and won't update them automatically.
Correcting Errors on Property Records
Sometimes, property records have errors. If you find mistakes in yours, you should contact the register of deeds in the county where the property resides and ask them to fix them. You will have to supply them with documentation proving the error.
Amending Property Records for Legal Changes
You also need to update property records when someone dies. You can do that by bringing the death certificate and the deceased person's will to the register of deeds location where the property is and asking them to draft a new deed. It will have to be notarized and witnessed.
How to Change the Name on Property Records in South Dakota
If you get married or divorced, you can also change your name in property records. Contact the register of deeds, bring your divorce decree or marriage certificate, and ask them to update the deed.
What Should I Consider When Buying a Property Using Property Records?
When buying property in South Dakota, you need to consider many things. Use property records to check out the value, taxes, insurance, liens, and foreclosures to ensure you have all the information. Rely on PropertyChecker to be your go-to source for nationwide property records.
South Dakota County Property Records
- Beadle County
- Bon Homme County
- Brookings County
- Brown County
- Brule County
- Butte County
- Charles Mix County
- Codington County
- Custer County
- Davison County
- Day County
- Dewey County
- Fall River County
- Grant County
- Hamlin County
- Hughes County
- Hutchinson County
- Kingsbury County
- Lake County
- Lawrence County
- Lincoln County
- McCook County
- Meade County
- Minnehaha County
- Moody County
- Pennington County
- Roberts County
- Spink County
- Todd County
- Tripp County
- Turner County
- Union County
- Walworth County
- Yankton County
Search South Dakota Property Records
Search South Dakota Property Records
Table of Contents
- Property Records in South Dakota
- What Are Property Records in South Dakota?
- The Role of the Register of Deeds
- Types of Property Records
- How Can I Search for Property Records?
- Understanding Property Ownership in South Dakota
- Property Descriptions and Boundaries in South Dakota
- Liens, Encumbrances, and Property Records in South Dakota
- Property Records and Real Estate Transactions in South Dakota
- Property Records and Property Values
- Privacy and Property Records
- Maintaining and Amending Property Records
- South Dakota County Property Records