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Is a Survey Required to Transfer Property in South Dakota?

Posted by Stephanie Bahr | May 19, 2025 | 0 Comments

When transferring property in South Dakota, many buyers and sellers wonder: Is a land survey required? The short answer is no, a new survey is not legally required to complete a property transfer. However, there are important nuances to consider.

Every parcel in South Dakota is based on an original government survey dating back to the Dakota Territory era. These foundational surveys established the legal descriptions still used today. Because of this, most property transfers can proceed using existing legal descriptions without needing a new survey.

That said, certain situations may call for a current land survey. Some banksbuyers, or sellers may request one to confirm boundary lines, resolve disputes, or satisfy lending requirements. In these cases, a survey becomes a practical—though not legal—necessity.

If you're involved in a real estate transaction and unsure whether a survey is needed, it's wise to consult a licensed land surveyor or civil engineering firm. These professionals can provide accurate, up-to-date surveys tailored to your specific property and transaction needs.

In summary, while South Dakota law doesn't mandate a new survey for property transfers, individual circumstances often do. When in doubt, professional guidance ensures peace of mind and a smooth closing process.

About the Author

Stephanie Bahr

Stephanie Bahr is a full-time Legal Assistant at Foley and Foley Law Office, P.C. She was born in Edina, Minnesota, and has resided in Watertown, South Dakota since 1992. To further her education after high school, she attended St. Cloud State University and Mt. Marty College. As a teenager and f...

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