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Free South Dakota Real Estate Power of Attorney Form Template

A South Dakota real estate power of attorney form lets someone handle property matters for you. Build yours with our guided form, then have it acknowledged.

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What Is a Real Estate Power of Attorney in South Dakota?

A South Dakota real estate power of attorney form appoints an agent to handle real property for you. South Dakota’s Uniform Power of Attorney Act, chapter 59-12 of the Codified Laws, governs it, and chapter 43-28 covers recording.

South Dakota Requirements for a Real Estate Power of Attorney

Chapters 59-12 and 43-28 both apply.

The Statutory Form

Section 59-12-41 provides a statutory form power of attorney. You initial each subject you want to grant, including a line for real property under section 59-12-26.

A Notary Block

The statutory form ends with an acknowledgment before a notary.

Recording Standards Apply

According to the form, the recording format rules in sections 43-28-23 and 7-9-1 apply to any power of attorney that will be recorded with the register of deeds.

Recorded Where the Property Is

Under section 43-28-1, instruments entitled to be recorded are recorded by the register of deeds of the county where the affected real property is located.

Revoking a Recorded Power

Section 43-28-18 covers recording an instrument containing a power affecting real property, and requires any revocation to be recorded in the same office.

Does a South Dakota Real Estate Power of Attorney Form Need to Be Recorded?

When your agent will use it for a recorded real estate transaction, plan on it. Chapter 43-28 sends instruments affecting real property to the register of deeds where the property is located.

Recording also sets the revocation rule. A recorded power’s revocation must be recorded in the same office.

Tip: Follow the register of deeds format rules in section 43-28-23 when you prepare a South Dakota real estate power of attorney form for recording.

How to Complete a South Dakota Real Estate Power of Attorney Form

Prepare it for recording:

  1. Name yourself as principal and your agent.
  2. Initial the real property line, or describe the powers you grant.
  3. Identify the property.
  4. Sign the document.
  5. Acknowledge it before a notary.
  6. Record it with the register of deeds where the property is located.

What to Include in a South Dakota Real Estate Power of Attorney Form

Cover these points:

  • Principal’s and agent’s names
  • The real property powers granted
  • A description of the property
  • Principal’s signature
  • A notary’s acknowledgment

Document Genius’s guided form covers each item, so your South Dakota real estate power of attorney form is ready for the notary in minutes.