South Dakota Mechanic's Lien Template

Filing Deadline

Must record the verified lien statement within 120 days after the claimant's last furnishing of labor or materials (SDCL 44-9-15). After 120 days the lien ceases.

Clock starts: Date the specific claimant last furnished labor, materials, skill, services, or utilities to the project. Punch-list, warranty, or corrective work generally does NOT extend the clock.

Where to Record

County Register of Deeds in the county where the improved property is located (SDCL 44-9-15 / 44-9-18). For the largest market — Sioux Falls — that is the Minnehaha County Register of Deeds, 415 N. Dakota Ave., Sioux Falls, SD 57104; recording fee is $30 for the first 50 pages plus $2 per additional page. Exception: liens against railroad, telephone, telegraph, or electric utility lines are filed with the South Dakota Secretary of State.

Notarization

Required — document must be sworn before a notary.

SDCL 44-9-16 requires the lien statement to be 'verified by the oath of some person shown by such verification to have knowledge of the facts stated therein.' Generator must include a verification/jur

Service Requirement

Service is effectively front-loaded. BEFORE recording, claimant must mail a copy of the verified lien statement to the owner at the owner's last known post-office address by U.S. Registered Mail or Certified Mail (SDCL 44-9-17). The post office receipt for that mailing must be physically attached to the lien statement at the time it is presented to the Register of Deeds. No separate post-recording service on owner is statutorily required, though best practice is to also send the owner a stamped/recorded copy after filing. Service on the general contractor is not statutorily required for the lien itself (it is required for the 60-day preliminary Notice of Furnishing when that applies).