Key Takeaways

  • South Dakota is a "race-notice" state for recording - first to record without notice of prior claims has priority
  • Homestead exemption protects up to one acre within a municipality or 160 acres in rural areas
  • South Dakota does not impose a state real estate transfer tax on property sales
  • Property taxes are administered by county treasurers with the fiscal year running January 1 to December 31
  • South Dakota recognizes various forms of property ownership including joint tenancy with right of survivorship
Last updated: January 2026

South Dakota Property Law

South Dakota has specific property laws that affect real estate transactions. Understanding these is essential for the state exam.

Recording Laws

South Dakota is a "race-notice" state for recording:

Race-Notice Rule

PrincipleDescription
PriorityFirst to record without notice of prior claims
ProtectionSubsequent purchaser without notice wins
RequirementMust record AND be without notice

Recording Process

StepDescription
Where to recordCounty Register of Deeds
What to recordDeeds, mortgages, liens, easements
EffectProvides constructive notice to the world

Homestead Exemption

South Dakota provides homestead protection for primary residences:

Homestead Limits

LocationMaximum Protected
Within municipality1 acre
Rural areas160 acres
Value limitUnlimited value protection

Homestead Protection

The homestead exemption protects the home from:

  • Forced sale for general creditor claims
  • Bankruptcy (with limitations)

Important: Homestead protection does NOT apply to mortgage liens, property taxes, or mechanic's liens.

Transfer Tax

Tax TypeSouth Dakota Status
State transfer taxNone
Local transfer taxGenerally none

Key Advantage: South Dakota does not impose a state real estate transfer tax on property sales, making it attractive for property transactions.

Property Taxation

Assessment and Collection

ItemDetails
Fiscal yearJanuary 1 to December 31
Assessment dateNovember 1 of prior year
Administered byCounty Treasurer
Tax billsMailed annually

Payment Schedule

Property taxes in South Dakota are typically due:

PaymentDue Date
First halfApril 30
Second halfOctober 31

Property Tax Exemptions

Exemption TypeDescription
Owner-occupiedReduction for primary residence
AgriculturalSpecial assessment for farmland
VeteransExemptions for qualifying veterans
Senior citizensVarious programs available

Forms of Property Ownership

South Dakota recognizes various forms of ownership:

Ownership TypeKey Features
Fee simpleComplete ownership
Joint tenancyRight of survivorship
Tenancy in commonNo right of survivorship
Community propertyNot recognized in SD

Joint Tenancy Requirements

For joint tenancy with right of survivorship in South Dakota:

  • Four unities: time, title, interest, possession
  • Clear intent to create survivorship
  • Must be expressly stated in deed

Landlord-Tenant Law

Security Deposit Rules

RequirementDetails
Maximum deposit1 month's rent (general guideline)
Return deadlineWithin 2 weeks after termination
ItemizationMust provide itemized statement of deductions

Lease Termination Notice

Lease TypeNotice Required
Month-to-month1 month notice
Year leaseAs specified in lease
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South Dakota Property Law Overview
Test Your Knowledge

What type of recording system does South Dakota use?

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What is the homestead exemption limit for rural property in South Dakota?

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Does South Dakota impose a state real estate transfer tax?

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When are South Dakota property taxes typically due?

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