reglab/housing_qa huggingface dataset:
SD Codified L § 43-28-22 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-22 - Real estate conveyance by fiduciary construed as made for purposes of administration--Time limit to enforce rights to property in trust, estate, or guardianship.

43-28-22. Real estate conveyance by fiduciary construed as made for purposes of administration--Time limit to enforce rights to property in trust, estate, or guardianship.All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such conveyances shall be treated as if the conveyances had been made to, or by, the fiduciary for purposes of administration.If any person is construed to retain any right in property due to the fact that the person's conveyance was to a trust, estate, or guardianship, and if no action or proceeding to enforce such right was commenced prior to July 1, 2003, such right shall be forever barred. No action or proceeding so brought involving real property is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 2003, a notice of the pendency of such action was recorded in the office of the register of deeds of the county where the property is located, in accordance with chapter 15-10. Source: SL 1991, ch 363, §2; SL 2002, ch 100, §14.
SD Codified L § 43-28-23 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-23 - Format standards for real estate documents recorded with the register of deeds.

43-28-23. Format standards for real estate documents recorded with the register of deeds.Any real estate document recorded with the register of deeds, except for plats, shall:(1)Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document;(2)Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type. However, dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items that are completed in blue ink are sufficiently dark to meet the requirements of subdivision (6);(3)Be on white paper of not less than twenty pound weight;(4)Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to §7-9-1 and may include other document information. All other margins shall be a minimum of one inch;(5)Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section; and(6)Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction.Any document that does not conform to the requirements of subdivisions (1) to (5), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002. Source: SL 2001, ch 240, §1; SL 2003, ch 228, §1; SL 2006, ch 64, §2; SL 2008, ch 225, §1; SL 2010, ch 214, §7; SL 2012, ch 51, §7.
SD Codified L § 43-28-24 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-24 - Definitions related to identity information.

43-28-24. Definitions related to identity information.Terms used in §§43-28-25 to 43-28-28, inclusive, mean:(1)"Personally identifiable information," any information that includes one or more of the following specific unique identifiers when combined with an individual's name:(a)A social security number. This term does not, however, include the last four digits of a social security number;(b)Checking, savings, or share account number; or(c)Credit, debit, or charge card number;(2)"Preparer," any person who creates, drafts, edits, revises, or changes the document or instrument that is recorded with the register of deeds. The term, preparer, does not include any person who hires, requires, refers, pays, or requests that the document or instrument be drafted or recorded. Source: SL 2010, ch 214, §2.
SD Codified L § 43-28-25 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-25 - Document preparers prohibited from including personally identifiable information.

43-28-25. Document preparers prohibited from including personally identifiable information.The preparer of a document or instrument may not include an individual's personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds. This section does not apply to any document or instrument that was executed by an individual prior to July 1, 2010. Source: SL 2010, ch 214, §3.
SD Codified L § 43-28-26 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-26 - Certain documents exempt.

43-28-26. Certain documents exempt.The provisions of §§43-28-24 to 43-28-28, inclusive do not apply to a state or federal tax lien or release relating to a state or federal tax lien, a military separation or discharge record, a uniform commercial code filing in the county office of the register of deeds, or any governmental certified copy of a document or instrument. Source: SL 2010, ch 214, §4.
SD Codified L § 43-28-27 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-27 - Register of deeds to post notice.

43-28-27. Register of deeds to post notice.The register of deeds shall post a notice in the county office of the register of deeds and on any website provided by the register of deeds. The notice shall include the information provided in §§43-28-24 to 43-28-26, inclusive. Source: SL 2010, ch 214, §5.
SD Codified L § 43-29-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-1 - Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing.

43-29-1. Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing.The record of notice of pendency of any action of record in the office of the register of deeds shall not affect the title of any real property in the county where recorded after expiration of ten years from the date of filing, and notice thereof shall be deemed to have been discharged and canceled of record upon the expiration of ten years from the date of recording. Source: SL 1943, ch 175, §1; SDC Supp 1960, §51.1626 (1).
SD Codified L § 43-29-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-2 - Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure.

43-29-2. Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure.The record of a mortgage or other lien upon real property shall be without effect and said mortgage or lien shall be deemed satisfied and discharged where it appears from other records in the office of the register of deeds or clerk of courts that the property described therein has been sold on foreclosure of such mortgage or lien, or shows that the indebtedness secured thereby has been fully paid. Source: SL 1943, ch 175, §2; SDC Supp 1960, §51.1626 (2).
SD Codified L § 43-29-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-3 - Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.

43-29-3. Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.Every certificate of acknowledgment of the execution of any deed, mortgage, or other instrument affecting the title to real property, shall be presumed to have been made by the identical officer described therein acting pursuant to lawful authority and the legal sufficiency of the acknowledgment shall not be subject to attack after the expiration of ten years from and after the date of filing of such deed, mortgage, or other instruments for recording. Source: SL 1943, ch 175, §3; SDC Supp 1960, §51.1626 (3).
SD Codified L § 43-29-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-4 - Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions.

43-29-4. Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions.In instruments affecting the title to real property which have been recorded for ten years or more where the full first Christian name and middle initial, or full middle name and first initial, of the grantee, distributee, or otherwise, has been used and later, as grantor or otherwise, the initials of the same names have been used; and in instances where the initials of the first and middle names of the grantee, distributee, or otherwise, have been used and later, as grantor, or otherwise, the full first Christian name and middle initial, or full middle name and first initial, have been used; and in instances where the Christian name or names of the grantee, distributee, or otherwise is or are abbreviated and later, as grantor or otherwise such name or names is or are spelled in full; and in instances where the Christian name or names of the grantee, distributee, or otherwise is or are spelled in full and later, as grantor or otherwise, such names or name is or are abbreviated, and in instances where the names in the chain of titles are idem sonans, although differently spelled; and in all the foregoing instances, in the absence of some showing of record to the contrary, such names shall be presumed to be that of one and the same person notwithstanding such discrepancies therein. Source: SL 1943, ch 175, §4; SDC Supp 1960, §51.1626 (4).
SD Codified L § 43-29-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-5 - Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken.

43-29-5. Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken.The provisions of a judgment or decree affecting the title to real property and the record thereof are conclusive after twenty years from the entry thereof and all proceedings necessary to support such judgment or decree shall be deemed to have been legally taken. Source: SL 1943, ch 175, §5; SDC Supp 1960, §51.1626 (5).
SD Codified L § 43-29-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-6 - Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions.

43-29-6. Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions.Sections 43-29-1 to 43-29-5, inclusive, shall apply to instruments recorded before as well as after their enactment but their provisions shall not be applied in any action involving real property, which was pending on July 1, 1943 or was commenced prior to July 1, 1944. Source: SL 1943, ch 175, §6; SDC Supp 1960, §51.1626 (6).
SD Codified L § 43-29-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-8 - Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable.

43-29-8. Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable.It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission has existed of record for a period of more than twenty years and the record does not show that any action has been commenced with reference thereto, to wit:(1)Make any showing or explanation as to the absence of a corporate, notary, or other official seal of any kind; and after twenty years from the date of the instrument, such person purporting to act as a corporate official, notary public, or other official shall be presumed to have been authorized to act in the same manner as though the proper seal had been affixed to said instrument;(2)Make any showing or explanation as to interest or lack of interest of anyone encumbering real estate to which the record does not show such person to have had title;(3)Make any showing or explanation where a reference has been made in any instrument to a mortgage, and no mortgage answering such description is shown by the abstract of title to have been of record at such time;(4)Make any showing or explanation as to the marital status of a person by reason of the omission of a description of such marital status from either the body of the instrument or the acknowledgment;(5)Obtain any conveyance, release, or explanation by reason of any option which, under its terms, required that it be exercised more than twenty years theretofore. Source: SL 1945, ch 215, §1; SDC Supp 1960, §51.16B14.
SD Codified L § 43-29-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-9 - "Record" as used in marketable title provisions construed.

43-29-9."Record" as used in marketable title provisions construed.Except where used in the sense of recording, wherever the word "record" is used in §§43-29-7 and 43-29-8, it shall be construed to mean the records in the office of the register of deeds of the county in which the real estate affected is situated. Source: SL 1943, ch 176, §2; SL 1945, ch 215, §2.
SD Codified L § 43-29-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 29 - Title Defects Cured By Lapse Of Time|Section 43-29-10 - Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree.

43-29-10. Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree.Where in the chain of title to a municipal lot platted more than twenty years, there is, prior to such platting, any judgment or decree of any court having jurisdiction of the subject matter, it shall be presumed that title to real estate so affected is in accordance with the determination or distribution in such judgment or decree; and it shall not be necessary to show on the abstract of title to such lots any of the proceedings supporting such judgment or decree. Source: SL 1943, ch 176, §1; SDC Supp 1960, §51.16B13 (6); SL 1992, ch 60, §2.
SD Codified L § 43-30-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-1 - Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.

43-30-1. Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land by himself and his immediate or remote grantors for a period of twenty-two years or longer, and is in possession of such land, shall be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by the application of the provisions of this chapter, instruments which have been recorded less than twenty-two years, and any encumbrances of record not barred by the statute of limitations. Source: SL 1947, ch 233, §1; SL 1951, ch 256, §1; SL 1957, ch 266, §1; SDC Supp 1960, §51.16B01.
SD Codified L § 43-30-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-2 - Definitions--Unbroken chain of title to an interest in land--Title transaction.

43-30-2. Definitions--Unbroken chain of title to an interest in land--Title transaction.A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in this chapter if the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty-two years or more prior thereto, which conveyance or other title transaction purports to create such interest in such person or his immediate or remote grantors, with nothing appearing of record purporting to divest such person and his immediate or remote grantors of such purported interest."Title transaction" as used herein means any transaction affecting title to real property, including title by will or descent from any persons who held title of record at the date of his death, title by a decree or order of any court, title by tax deed, by trustee's, referee's, conservator's, personal representative's, master's in chancery, or sheriff's deed, as well as by direct conveyance. Source: SL 1947, ch 233, §2; SL 1951, ch 256, §2; SL 1957, ch 266, §2; SDC Supp 1960, §51.16B02; SL 1993, ch 213, §235; SL 1995, ch 167, §188.
SD Codified L § 43-30-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-3 - Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.

43-30-3. Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty-two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interest, claims, and charges affecting such interest in real property shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty-three years from the date of recording of deed of conveyance under which title is claimed, or on or before July 1, 1958, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend his time for filing such claim after the expiration of twenty-three years from the recording of such deed of conveyance or one year after July 1, 1957, whichever event is the latest in point of time. Source: SL 1947, ch 233, §3; SL 1951, ch 256, §3; SL 1957, ch 266, §3; SDC Supp 1960, §51.16B03.
SD Codified L § 43-30-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-4 - Filing of notice of claim of interest--Persons authorized to file.

43-30-4. Filing of notice of claim of interest--Persons authorized to file.The notice mentioned in §43-30-3 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is, under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such claim for record. Source: SL 1947, ch 233, §4; SL 1951, ch 256, §4; SDC Supp 1960, §51.16B04.
SD Codified L § 43-30-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-5 - Notice of claim of interest--Filing for record.

43-30-5. Notice of claim of interest--Filing for record.The claim referred to in §§43-30-3 and 43-30-4 shall be filed in each county where the claimed land or any part thereof is situate and must set forth the legal description of the land affected by such claim together with a statement of the nature of the claim, charge, or interest asserted, which description shall be set forth in particular terms and not by general inclusions. Source: SL 1947, ch 233, §5; SL 1951, ch 256, §5; SDC Supp 1960, §51.16B05.
SD Codified L § 43-30-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-6 - Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.

43-30-6. Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.The register of deeds of each county shall accept all such notices which describe land located within the county which he serves and shall enter and record, and index such notices in the same manner as notices of lis pendens. Source: SL 1947, ch 233, §6; SL 1951, ch 256, §6; SDC Supp 1960, §51.16B06.
SD Codified L § 43-30-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30 - Marketable Title To Real Estate|Section 43-30-7 - Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.

43-30-7. Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.For the purpose of this chapter, the fact of possession of real property referred to in §43-30-1 may be shown of record by one or more affidavits containing the legal description of the real property referred to and show that the record titleholder is upon the date thereof in possession of the real property. The register of deeds shall record such affidavit or affidavits at length in miscellaneous records of his county. No such affidavits of possession may be filed as to any lands before the expiration of twenty-three years from recording of deed of conveyance or other instrument of conveyance under which title is claimed, or before one year after July 1, 1957, whichever event is the latest in point of time, to any land as to which claim under the provisions of §43-30-5 has been filed. The legal description of the real property contained in affidavits of possession for railroad property and linear railroad rights-of-way acquired by the South Dakota Railroad Authority, the state, or any of its subdivisions may be made by reference to and incorporation of filing information of previous conveyances and other documents of title filed of record in the county where the real property is located. Source: SL 1947, ch 233, §7; SL 1951, ch 256, §7; SL 1957, ch 266, §4; SDC Supp 1960, §51.16B07; SL 1981, ch 309, §2.