reglab/housing_qa huggingface dataset:
SD Codified L § 14-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-11 - Foreclosure of mortgage by action.

14-11.Foreclosure of mortgage by action.The instruments required to be recorded to show title based on a mortgage foreclosure by action are the sheriff's certificate of sale, and the sheriff's deed.If mortgagor redeems, recording the original certificate of redemption will eliminate the foreclosed mortgage and does not affect status of junior liens. Satisfaction of the original mortgage is neither necessary nor desirable. Foreclosure cuts out subsequent liens and satisfaction or release of them is not necessary.Satisfaction of lien holders, properly joined in the action, is not necessary.
SD Codified L § 14-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-12 - Foreclosure by advertisement.

14-12.Foreclosure by advertisement.The instruments required to be recorded to show title based on a mortgage foreclosure by advertisement are the sheriff's certificate of sale, any certificates or affidavits of non-redemption, the affidavit of publication of notice of sale, an affidavit stating notice was provided to all required parties and that no request for foreclosure by action was made, an affidavit relating to the military status of the owner and the sheriff's deed.
SD Codified L § 15-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-01 - Probate--chain of title.

15-01.Probate--chain of title.Prior to July 1, 1995, a certified copy of a decree of distribution made by a South Dakota circuit court is sufficient to complete the chain of title.
SD Codified L § 15-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-02 - Executor's deed.

15-02.Executor's deed.For conveyances out of an estate prior to July 1, 1995, a certified copy of an order confirming sale made by a South Dakota circuit court and an executor's or administrator's deed is necessary to complete the chain of title, except in certain circumstances of an independent administration.
SD Codified L § 15-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-03 - Conveyances made under probate.

15-03.Conveyances made under probate.For conveyances under the Uniform Probate Code, SDCL ch. 29A, a duly recorded personal representative's deed or a duly recorded order of complete settlement distributing specifically described real property to the heirs or devisees in specified shares or proportions is required to complete the chain of title.
SD Codified L § 15-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-04 - Chain of title--probate.

15-04.Chain of title--probate.A title examiner examining a title for an intended purchaser or mortgagee for value from a distributee of an estate need only require proof of unrestricted letters of the personal representative in effect on the date of conveyance to complete the chain of title.
SD Codified L § 15-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-05 - Authority of personal representative.

15-05.Authority of personal representative.Upon the death of a person, the real and personal property devolves to the heirs or devisees, subject to claims and the administration of the estate, which includes the authority of the personal representative to convey.
SD Codified L § 15-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-06 - Deed of distribution.

15-06.Deed of distribution.A deed of distribution is evidence of the distributee's title. The distributee's receipt of the deed is conclusive evidence that the distributee is the one entitled to the property.
SD Codified L § 15-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-07 - Delayed probate.

15-07.Delayed probate.If a probate has not been commenced within three years from the decedent's death, a personal representative may be appointed for the purposes of transferring property by will or intestacy.
SD Codified L § 15-08 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-08 - South Dakota inheritance tax liens.

15-08.South Dakota inheritance tax liens.The South Dakota inheritance tax lien is limited to twelve years from the date of death for any decedent dying prior to July 1, 2001. When the record does not establish that a decedent died more than twelve years prior to the examination of the title, a title examiner should require evidence of record that no tax is owed, that any tax owing has been paid, or that any potential lien has been removed from the subject property.
SD Codified L § 15-09 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-09 - Termination of life tenant.

15-09.Termination of life tenant.To establish termination of a life tenant in real property, the certified record of death must be recorded together with an affidavit setting out the legal descriptions of the property involved.
SD Codified L § 15-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-10 - Probate--existence of federal lien.

15-10.Probate--existence of federal lien.No objection shall be made to the possible existence of federal tax liens if the personal representative provides to the title examiner a lien release, a closing letter or an affidavit stating that no federal estate tax liability exists.
SD Codified L § 15-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-11 - Authority of successor fiduciary.

15-11.Authority of successor fiduciary.A successor personal representative or successor conservator has all of the powers of the succeeded personal representative and succeeded conservator, subject to any restrictions indicated in the letters.
SD Codified L § 15-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-12 - Term of authority for fiduciary.

15-12.Term of authority for fiduciary.The authority of a personal representative or conservator continues until the appointment is terminated or modified. Unless otherwise indicated, a title examiner may presume that letters originally issued continued in effect and unmodified from the date of their issuance to the date of any subsequent certification of a copy thereof.
SD Codified L § 15-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-13 - Acts authorized by personal representative or conservator.

15-13.Acts authorized by personal representative or conservator.No order confirming or authorizing any act by a personal representative or conservator, not contrary to any restriction shown in the letters, shall be required.
SD Codified L § 15-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-14 - Guardian's deeds.

15-14.Guardian's deeds.For conveyances from a guardian prior to July 1, 1993, a certified copy of an order of a court confirming the sale, together with a guardian's deed is necessary to complete the chain of title.
SD Codified L § 15-15 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-15 - Conservator's deeds.

15-15.Conservator's deeds.For conveyances from a conservator on or after July 1, 1993, a conservator's deed and a certified copy of the letters of conservatorship from a court of competent jurisdiction are necessary to complete the chain of title.
SD Codified L § 15-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-16 - Authority of conservator.

15-16.Authority of conservator.A certified copy of proof of authority of appointment from a court of competent jurisdiction and bond, and a certified copy of unrestricted letters of the conservator which establishes that the letters were in effect on the date of the title transaction, are necessary to evidence the conservator's authority.
SD Codified L § 15-17 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-17 - Foreign personal representative.

15-17.Foreign personal representative.A foreign personal representative must be appointed by an order from a South Dakota court or clerk, qualify and be issued letters in order to administrate the real estate.
SD Codified L § 15-18 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 15-18 - Guardian and conservator.

15-18.Guardian and conservator.The fact that an individual or entity deals with a guardian, if appointed prior to July 1, 1995, or conservator with knowledge of the representative capacity does not alone require an inquiry into the guardian's or conservator's authority, except that any such individual or entity is charged with knowledge of restrictions that may appear on the letters of guardianship or conservatorship.
SD Codified L § 16-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 16-01 - Omission and inconsistency of dates.

16-01.Omission and inconsistency of dates.The fact that an instrument affecting title may not be dated, or that inconsistency exists between its date, the date of attestation, the date of acknowledgment or the date of recordation, does not impair marketability, unless the inconsistency is of such peculiar significance, when considered with other circumstances of record, as to impel a reasonable suspicion on the part of the examiner that the title may be defective.
SD Codified L § 16-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 16-02 - Effect of curative acts.

16-02.Effect of curative acts.An act, curative of matters of execution, acknowledgment and recording, or procedural omission, irregularities or defects, is presumed to be valid legislation, effectively eliminating objections based upon the imperfections of title which fall within its scope as to subject matter and date, thus avoiding necessity of action to quiet title.A curative statute purporting to legalize alleged defects in probate proceedings is inoperative as against a claim based upon legal action or proceeding which the record shows was pending at the time the curative statute went into effect, whether or not the curative statute so states.
SD Codified L § 16-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 16-03 - Contents of affidavit--interest of maker.

16-03.Contents of affidavit--interest of maker.An affidavit may be used as a means of correcting discrepancies and variances in names and in other cases where it may be accepted as curative evidence under South Dakota statute. It should include some showing that the material statements in it are based on affiant's personal knowledge. The value of an affidavit is not diminished by the fact that the maker is interested in the title or the subject matter of the affidavit, when nothing appears in the record to affect his credibility.
SD Codified L § 16-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 16-04 - Condominiums.

16-04.Condominiums.A condominium project is established whenever the developers or the owners of a building or buildings expressly declare, through the recordation of a master deed or lease, their desire to submit their property to the formation of a condominium under the laws given in SDCL ch. 43-15A.
SD Codified L § 19-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-01 - Metes and bounds.

19-01.Metes and bounds.When any owner of a government subdivision or a platted tract or lot divides that land into parcels for the purpose of transfer that cannot be described except by metes and bounds, the parcels of land so divided must be platted before any instrument of transfer can be recorded. Real property descriptions using metes and bounds may be recorded only if a previous conveyance by the same metes and bounds has been made and recorded.
SD Codified L § 19-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-02 - Legal description from survey or plat.

19-02.Legal description from survey or plat.A legal description is eligible for recordation if the document contains a reference to a legal survey or is capable of being indexed in one of the two statutory numerical indexes maintained by the office of the Register of Deeds for that particular county.If a legal description includes a reference to a platted division or subdivision, the legal description should also identify the lot or tract number, the block or tract number and the name of the platted addition or subdivision taken directly from the recorded plat. The legal description should also include a concluding reference identifying the county and state where the plat is recorded along with the book and page.
SD Codified L § 19-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-03 - Platting.

19-03.Platting.Any subdivision of land containing two or more lots shall be platted or replatted and must be submitted for proper platting according to law.
SD Codified L § 19-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-04 - Plats, designation or variations in name.

19-04.Plats, designation or variations in name.Although a plat should be referred to in a conveyance as entitled in the owner's dedication clause in the filed plat as reflected by the abstract (without reference to the present state of incorporation of the municipality unless part of the plat name), minor inaccuracies in description such as the interchange of the words "subdivision" and "addition," the addition or omission of the word "first" when there is only one such addition, and other similar discrepancies which do not create a problem of identification can be disregarded, provided a title examiner is satisfied that the discrepancies do not create the possibility of reference to any other platted area in the village, city, municipality, township or other government subdivision of which the plat is part. It is sufficient in such instances to request the abstracter to note that there is only one such platted area.
SD Codified L § 19-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-05 - Plats, effect of joinders in.

19-05.Plats, effect of joinders in.A conveyance from the record owner shall be sufficient notwithstanding that a stranger to the title joins in the dedication of the plat or covenants of which the tract is a part if the record shows an interest of said stranger in another tract within the plat or subject to the covenants.Such showing may be by recitation in the plat or covenants as to which parts thereof each joining party claims an interest. If the plat or covenants do not so designate, a title examiner should require the abstracter to place in the abstract, for reference purposes, the conveyance to the joining party of part or parts of the platted area.
SD Codified L § 19-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-06 - Plats, vacation before lots sold.

19-06.Plats, vacation before lots sold.The recording of an instrument executed by all of the owners of a subdivision vacating a plat before any lots have been sold extinguishes all easements created by the plat and revokes the dedication to the public of all rights in the streets, alleys, easements and public grounds.
SD Codified L § 19-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-07 - Plats, vacation after lots sold.

19-07.Plats, vacation after lots sold.The vacation of all or any part of a plat after the sale of any lots must be executed by all of the owners of the subdivision and by all of the owners of the lots sold.
SD Codified L § 19-08 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-08 - Discrepancy in survey.

19-08.Discrepancy in survey.Title shall not be considered unmarketable because a survey discloses differences in deed or plat distances or courses and subsequently measured distances or courses if the surveyor states that both descriptions describe the same parcel.
SD Codified L § 19-09 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 19-09 - Plats, effect of replat.

19-09.Plats, effect of replat.The replat of a platted subdivision extinguishes the rights in the public and the easements created in the original plat as set forth in the replat or to the extent they are inconsistent with the replat.
SD Codified L § 23-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 23-01 - Marketable record title--statute of limitations.

23-01.Marketable record title--statute of limitations.No title shall be considered unmarketable by reason of any claim or defect twenty-two years or older, if the record title holder has an unbroken chain of title through the holder's immediate or remote grantors by a deed of conveyance which has been recorded twenty-two years or more, and if the record title holder is in possession of the property. This standard does not extinguish or bar those claims provided for under SDCL 43-30.
SD Codified L § 23-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 23-02 - Title by patent.

23-02.Title by patent.The chain of title must be based upon a recorded patent or certified copy of the patent except when the title is founded upon a congressional grant which by its terms does not require a patent, a judgment or a treaty.
SD Codified L § 23-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 23-03 - Validity of patent.

23-03.Validity of patent.A title examiner may not assume the validity of a fee patent issued pursuant to the General Allotment Act of February 8, 1887.A title examiner may rely upon a deed from the heirs of a deceased allottee as passing title free of trust provided that the deed has been approved by the Secretary of the Interior.
SD Codified L § 23-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 23-04 - Affidavit--lending institution.

23-04.Affidavit--lending institution.A title examiner may rely on a recitation in an instrument of record executed by a regulatory authority, or an officer or counsel for a lending institution that the lending institution changed its name or is the successor of one or more previous lending institutions.
SD Codified L § 26-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 26-01 - Tax title.

26-01.Tax title.Neither a tax deed issued pursuant to any of the provisions of SDCL 10-25-12, nor any combination of such deeds, terminates the rights of the owner who owned it prior to its sale for taxes, unless there is:(a)A judgment in a quiet title action;(b)A marketable Record Title Affidavit pursuant to SDCL 43-30-7 (using as a "root of title" the tax deed from the county);(c)A deed conveying the prior owner's interest.
SD Codified L § 26-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 26-02 - Effect of tax deed.

26-02.Effect of tax deed.A valid tax deed clothes the grantee with a new and complete title under an independent grant from the sovereign authority of the state, extinguishing all prior titles.
SD Codified L § 43-31-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 31 - Homestead Exemption|Section 43-31-1 - Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens.

43-31-1. Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens.The homestead, including a homestead listed for sale, of every family, resident in this state, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as a homestead under §43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a homestead exemption. In addition, a homestead with a value of less than one hundred seventy thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of such person, is exempt from sale for taxes for so long as it continues to possess the character of a homestead. Source: SL 1862, ch 37, §1; SL 1874-5, ch 37, §1; PolC 1877, ch 38, §1; CL 1887, §2449; SL 1890, ch 86, §1; RPolC 1903, §3215; RC 1919, §449; SDC 1939, §51.1701; SL 1972, ch 233, §5; SL 1980, ch 296, §1; SL 2005, ch 234, §1; SL 2015, ch 223, §1.