South Dakota Property Records

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.

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.

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.

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:

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.

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.

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.

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 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.

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.

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:

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 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.

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.

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.