reglab/housing_qa huggingface dataset:
SD Codified L § 9-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 9-04 - Railroads.

9-04.Railroads.When determining the status of title for lands that contain ownership by a railroad in the chain of title, you must consider the source of the title and the language of the document vesting title in the railroad. Railroads may obtain title through grants, condemnation or purchase. Language in the vesting document may state or imply a fee simple interest or easement interest buy several cases (listed below) have interpreted the interests differently depending upon the timing of the conveyance and the language of the document.
SD Codified L § 9-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 9-05 - Wind energy easements.

9-05.Wind energy easements.A property owner may grant a wind easement properly created and recorded, however, the maximum term of such easement is fifty years. Any such easement is void if no development of the potential to produce energy from wind power associated with the easement has occurred within five years after the easement began.
SD Codified L § 9-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 9-06 - Wind energy rights--limitation on severance.

9-06.Wind energy rights--limitation on severance.No interest associated with the production or potential production of energy from wind power may be severed from the surface estate as defined in §45-5A-3 except that such rights may be leased for a period not to exceed fifty years. Any such lease is void if no development of the potential to produce energy from wind power has occurred on the land within five years after the lease began.
SD Codified L § 10-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-01 - Covenants, conditions and restrictions defined.

10-01.Covenants, conditions and restrictions defined.The term "covenants, conditions and restrictions" is used in title examining to describe various limitations on the use of land imposed in deeds or other instruments in the chain of title.
SD Codified L § 10-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-02 - Covenants, conditions & restrictions are generally deemed to run with the land.

10-02.Covenants, conditions & restrictions are generally deemed to run with the land.Covenants contained in conveyances of real property are appurtenant and pass with them to the successor in interest and run with the land.
SD Codified L § 10-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-03 - General plan restrictions--subdivision of tracts.

10-03.General plan restrictions--subdivision of tracts.Uniform restrictions as to the use and occupancy of all lots in a subdivision may be imposed by properly executing and recording a declaration or contract.
SD Codified L § 10-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-04 - Revocation of declaration or contract--execution by successor in interest.

10-04.Revocation of declaration or contract--execution by successor in interest.In first and second-class municipalities an owner and all successor owners in interest may revoke and cancel the covenants by a properly recorded deed of revocation. Such revocation is not effective until approved by the governing body of the municipality.
SD Codified L § 10-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-05 - Expiration of covenants, conditions and restrictions.

10-05.Expiration of covenants, conditions and restrictions.Declarations authorized by SDCL 11-5-1 and 11-5-2 shall only be prescribed but not exceed twenty-five years from the date of the declaration.
SD Codified L § 10-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-06 - Validity of restrictions.

10-06.Validity of restrictions.A title examiner need not determine the validity or enforceability of covenants, conditions or restrictions but should show those in the chain of title.
SD Codified L § 10-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 10-07 - Restrictions in derogation of existing law.

10-07.Restrictions in derogation of existing law.Covenants, conditions or restrictions which contain language that discriminates on the basis of race, color, religion, sex or national origin are unenforceable and void.
SD Codified L § 11-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 11-01 - Medical assistance lien.

11-01.Medical assistance lien.A medical assistance lien created under SDCL 28-6 becomes a lien against real property only from the time the lien is filed with the Register of Deeds.
SD Codified L § 11-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 11-02 - Child support liens.

11-02.Child support liens.The Department of Social Services may impose a lien for support obligations and the notice of lien, properly filed with the Register of Deeds, establishes the priority as of the date of filing.
SD Codified L § 11-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 11-03 - Tax lien--county.

11-03.Tax lien--county.A county poor lien becomes a lien against real property at the time the record is filed in the office of the Register of Deeds of the county in which the poor person resides or in the county of his legal residence or last residence if he is an inmate of a state institution or deceased. All liens created prior to July 1, 1970, are terminated as a matter of law.
SD Codified L § 11-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 11-04 - Poor relief lien.

11-04.Poor relief lien.Any lien established under SDCL 24-14 with regard to county poor relief shall continue, a foreclosure shall not be commenced until one year after the last payment to or for the benefit of the poor person during the lifetime of the poor person or until after the death of the poor person. Any lien or encumbrance created prior to July 1, 1970, is terminated as a matter of law.
SD Codified L § 11-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 11-05 - Claims under federal laws.

11-05.Claims under federal laws.A title examiner need not mention in the opinion the possibility of claims under federal laws which do not show upon local records.
SD Codified L § 11-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 11-06 - Tax Lien--State or Federal.

11-06.Tax Lien--State or Federal.A federal or state tax lien becomes a lien against real property from the time the lien of the tax is entered in the index of tax liens kept by the register of deeds.
SD Codified L § 12-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-01 - Judgments--lapse.

12-01.Judgments--lapse.A title examiner may ignore a judgment after ten years have passed from the date on which it was docketed unless the judgment has been renewed as provided in SDCL 15-16-33.
SD Codified L § 12-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-02 - Divorce--judgment affecting defendant's title.

12-02.Divorce--judgment affecting defendant's title.A divorce judgment which states that the defendant is entitled to the plaintiff's interest in real property owned either jointly between plaintiff and defendant or by plaintiff alone shall be sufficient to vest title in the defendant if the divorce judgment contains the following information and statement:(1)A legal description of the property being vested in said defendant; and(2)A statement by the court that should the plaintiff fail to execute an appropriate instrument of conveyance, the judgment shall act in lieu of such conveyance.
SD Codified L § 12-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-03 - Divorce--sufficiency of judgment.

12-03.Divorce--sufficiency of judgment.A divorce judgment vesting in the plaintiff the defendant's interest in real property, whether owned solely by said defendant or jointly with said plaintiff, shall be sufficient to vest the defendant's interest in such property, provided that the judgment or the court's file affirmatively shows the following:(1)The legal description of property;(2)A statement by the court that should the defendant fail to execute appropriate instrument of conveyance, the decree thus being entered shall act in lieu of such conveyance;(3)The defendant appeared in said action after having been served either by publication or personally and by such appearance, either stipulated to the entry of judgment and property settlement, which stipulation agreed to the vesting of the property in question or the action was litigated after due appearance at the hearing at which said judgment was ordered.(4)If there was no appearance by the defendant after being served either personally or by publication, the judgment must affirmatively show further as follows:(a)If defendant was served personally, that the complaint indicated the action was for the purpose of divesting defendant's interest in the particular property and the complaint set forth in full the legal description of said property.(b)If the service was by publication, that the summons and complaint indicated the action was for the purpose of divesting defendant's interest in the particular property by full legal description and that the affidavit for publication indicated that the action was for divorce and also for purposes of divesting defendant's interest in real property.
SD Codified L § 12-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-04 - Notice of levy.

12-04.Notice of levy.A notice of levy, when properly recorded under SDCL 15-18-22, may only be released upon:1.Proof of the satisfaction of judgment;2.A deed from the debtor specifying the intent to satisfy the judgment;3.Proper release from the levy;4.Sheriff's deed;5.Release or abandonment of the execution.
SD Codified L § 12-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-05 - Real property abandoned by bankruptcy trustee.

12-05.Real property abandoned by bankruptcy trustee.The marketability of title to real property abandoned by a bankruptcy trustee for debtor-in-possession exercising the powers of a bankruptcy trustee is not adversely affected if the following should appear of record:(1)The petition in bankruptcy of the title holder;(2)The certificate of commencement of a case under Title 11, United States Code;(3) If the case was commenced under Ch. 7, Ch. 12 or Ch. 13 of Title 11, United States Code, or if a trustee was appointed pursuant to 11 U.S.C. §1104, the order appointing trustee and the order approving trustee's bond;(4)In any case under Title 11, United States Code, a motion for abandonment, an order for or notice of hearing with proof of service, and an order authorizing abandonment; if no separate proceedings were had for abandonment but such abandonment was made a part of the final report of the trustee, there should appear of record the final report, the notice of hearing on the final report, with proof of service, and the order closing the estate;(5) If the property was abandoned pursuant to the terms of a plan under Ch. 11, Ch. 12 or Ch. 13 of Title 11, United States Code, an order for or notice of hearing on confirmation with proof of service and an order of confirmation.
SD Codified L § 12-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-06 - Real property claimed as exempt by debtor.

12-06.Real property claimed as exempt by debtor.The marketability of title to real property claimed as exempt by a debtor in a bankruptcy proceeding is not adversely affected if the following should appear of record:(1)The petition in bankruptcy of the title holder;(2)The certificate of commencement of a case under Title 11, United States Code;(3)That portion of the schedules of the debtor reflecting that the property involved was listed and claimed as exempt;(4)The certificate of the clerk of the bankruptcy court or the clerk of the United States District Court showing that no objections to the debtor's claim of exemptions were filed, or an order of the Bankruptcy Court or United States District Court determining that the property was properly exempt.
SD Codified L § 12-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-07 - Real property sold free and clear of any interest in course of bankruptcy proceedings.

12-07.Real property sold free and clear of any interest in course of bankruptcy proceedings.The marketability of title to real property sold free and clear of any interest in such property in the course of any bankruptcy proceeding is not adversely affected if the following should appear of record:A.If the real property is sold by a debtor-in-possession then the following shall be required:(1)The petition in bankruptcy of the title holders;(2)The certificate of commencement of case under Title 11, United States Code;(3)The notice of proposed action or motion to sell property free and clear of any interest, an order for or notice of hearing with proof of service, and an order confirming such sale with proof of service;(4)If the debtor did not hold the only ownership interest in the property, a summons and complaint requesting authority to sell free and clear of the other ownership interest, with proof of service, an order or judgment authorizing such sale with proof of service, a notice of proposed action or motion to sell property free and clear of any interest; an order for or notice of hearing with proof of service, and an order confirming sale with proof of service;(5)A deed from the debtor-in-possession.B.If the real property is sold by a trustee then the following shall be required:(1)The petition in bankruptcy of the title holders;(2)The certificate of commencement of case under Title 121, United States Code;(3)If the case was commenced under Ch. 7, Ch. 12 or Ch. 13 of Title 11, United States Code, a copy of the document appointing the Ch. 7, Ch. 12 or Ch. 13 trustee;(4)If the case was commenced under Ch. 11 of Title 11, United States Code, and a trustee was appointed pursuant to 11 U.S.C. §1104, a certified copy of the order appointing the Ch. 11 trustee;(5)The notice of proposed action or motion to sell property free and clear of any interest, an order for or notice of hearing with proof of service, and an order confirming such sale with proof of service;(6)If the debtor did not hold the only ownership interest in the property, a summons and complaint requesting authority to sell free and clear of the other ownership interest, with proof of service, an order or judgment authorizing such sale with proof of service, a notice of proposed action or motion to sell property free and clear of any interest; an order for or notice of hearing with proof of service, and an order confirming sale with proof of service;(7)A deed from the trustee.
SD Codified L § 12-08 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-08 - Bankruptcy lien avoidance.

12-08.Bankruptcy lien avoidance.A lien may be deemed to have been extinguished if the bankruptcy court issues an order avoiding the lien.
SD Codified L § 12-09 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 12-09 - Bankruptcy discharge.

12-09.Bankruptcy discharge.A discharge operates to extinguish the personal liability of the debtor only. It does not extinguish the debt as to any other person or any lien perfected after filing and which is not avoided.
SD Codified L § 13-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 13-01 - Mechanic's lien.

13-01.Mechanic's lien.A mechanic's lien may be disregarded after lapse of the time within which suit for foreclosure may be filed (six years), unless proceedings for its foreclosure have previously been commenced.
SD Codified L § 13-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 13-02 - Mechanic and materialmen's lien.

13-02.Mechanic and materialmen's lien.The filing of a Notice of Project Commencement does not constitute a cloud, lien or encumbrance upon, or defect to the title of the real property described in the notice.
SD Codified L § 14-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-01 - Mortgages.

14-01.Mortgages.Whenever a conveyance shows affirmatively that it was given as security it should be treated as a mortgage.Whenever a conveyance is from the record owner to the holder of a mortgage on the property that fact alone does not place a subsequent purchaser on inquiry as to whether the conveyance was given as security and is not grounds for an objection unless by reason of the date or recital it places a purchaser on inquiry.
SD Codified L § 14-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-02 - Reference to nonrecorded mortgage.

14-02.Reference to nonrecorded mortgage.When a deed filed for record more than twenty years refers to a mortgage which is not shown by the abstract and the record does not show that any action has been commenced with reference thereto, such reference to mortgage may be disregarded.
SD Codified L § 14-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-03 - Mortgages--release or assignment.

14-03.Mortgages--release or assignment.Where a mortgage has been re-recorded and a release or assignment is given which describes only one of the recordings, the release or assignment is sufficient; but where a new mortgage is recorded which purports to be given to correct a defect in a former mortgage, there should be a release or assignment of both mortgages.
SD Codified L § 14-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-04 - Mortgages--statute of limitations.

14-04.Mortgages--statute of limitations.A mortgage past due more than fifteen years from its due date or recorded extension thereof, or if no due date is stated therein or ascertainable therefrom, thirty years from the date of the mortgage, is ineffective and void and the record thereof may be disregarded.
SD Codified L § 14-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-05 - Satisfaction by one of plural mortgagees.

14-05.Satisfaction by one of plural mortgagees.Where a mortgage is given to two or more mortgagees a satisfaction by one of such mortgagees is sufficient to release the mortgage except where the mortgage shows that it secures debts which are owned separately by the different mortgagees.
SD Codified L § 14-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-06 - Release of mortgage by other than mortgagee.

14-06.Release of mortgage by other than mortgagee.A title examiner may treat a mortgage as satisfied if a mortgage release complying with the requirements in SDCL 44-8-31 is recorded.
SD Codified L § 14-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-07 - Release--assignment of rents.

14-07.Release--assignment of rents.A title examiner shall require a release of a separately recorded assignment of rents even though the mortgage given on the same date or for the same debt is satisfied or released, unless the assignment of rents by its own terms is satisfied when the mortgage is satisfied or released or the satisfaction or release indicates the underlying debt is paid.
SD Codified L § 14-08 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-08 - Defect in satisfaction of mortgage.

14-08.Defect in satisfaction of mortgage.A satisfaction of a mortgage is sufficient notwithstanding error in some details in date, amount, book and page of record, property description, names and position of parties, or other details, if, considering all circumstances of record, sufficient data are given to identify the security interest sought to be satisfied.
SD Codified L § 14-09 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-09 - Deeds--unsatisfied mortgage.

14-09.Deeds--unsatisfied mortgage.A deed from the record holder of an unsatisfied mortgage or other encumbrance, who is also the record title holder, which does not except the encumbrance or state that the deed is given subject to the encumbrance, is sufficient as a discharge of the encumbrance.
SD Codified L § 14-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 14-10 - Mortgage--merger of title.

14-10.Mortgage--merger of title.If the holder of a mortgage acquires the estate of the mortgagor, the mortgage interest may be merged in the fee and the mortgage extinguished, although it is only when the fee and the lien center in the same person without any intervening claims, liens or equities that a merger of the title and the lien will take place.However, merger depends upon the intent of the parties. In determining intent, equity is not limited by the rules of law, and under unusual circumstances, a mortgage may be extinguished where it would continue to exist at law, or a mortgage may be preserved where it would be merged at law. Because of the difficulty in determining what a court might decide in any particular case, if merger cannot be determined from the instruments, then a merger is not ordinarily assumed so long as the mortgage remains unsatisfied of record.If there is an outstanding or intervening lien or title, the foundation for the merger does not exist and no merger will be declared.