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A quit claim deed is a legal document in South Dakota that allows a grantor to convey rights, title, and interest in real property. A duly executed quit claim deed will convey to the grantee, his heirs, and assigns of all the right, title, and interest that the grantor has in the real estate described in the instrument. This type of real estate document does not offer warranty of title, but it nonetheless proves useful in commercial, residential, and familial transactions. It will not extend to after-acquired title unless such intention is specifically added to the words of conveyance (SDCL 43-25-8). This means that if the grantor conveys property via a quit claim deed, but acquires additional title on that property after an inheritance or other event, the grantee to the original quit claim deed is not entitled to the title acquired by the grantor after the inheritance or other event takes place.
By use of the words "remise," "release," or "quit claim" in a conveyance that passes an estate or interest in real property located in South Dakota, the following covenants, unless restricted in the conveyance of a quit claim deed, are implied: (1) previous to the time of execution of the conveyance, the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee and (2) at the time of conveyance, the estate is free from encumbrances made, done, or suffered by the grantor (SDCL 43-25-11).
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