How to Access Property Records in South Dakota

What Information Can You Find in South Dakota Property Records?

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:

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 and calculates the taxes owed. Every tax record in South Dakota must include this value.
• The Tax Rate - Each property falls under a taxing jurisdiction, and a different tax rate is 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.

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.

Property Liens and Encumbrances 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 methods of payment that are accepted for 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 to provide preliminary notice. If the general contractor filed and posted a Notice of Commencement, subcontractors, suppliers, and sub-subcontractors must send a preliminary notice to the general contractor and owner. The deadline for giving notice is 60 days after the last work date.
• The second step is to fill 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 amount owed.
• 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.

Easements and Covenants

Deeds often include 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. For example, a cell phone company might have 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 and 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 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 property owner and include 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, and natural features such as rivers, ponds, or man-made structures.

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 types of property records, such as deeds, appraisals, mortgages, etc.

Surveys measure land and determine the official boundaries of a piece of property. They are used before building new homes, installing underground utilities, and settling boundary disputes.

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.

Foreclosures

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 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.