reglab/housing_qa huggingface dataset:
SD Codified L § 43-26-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 26 - Real Estate Sale Contracts|Section 43-26-3 - Substance of usual covenants under agreement to sell real property where standard form of deed not delivered.

43-26-3. Substance of usual covenants under agreement to sell real property where standard form of deed not delivered.If a standard form of warranty deed be not delivered, the covenants mentioned in §43-26-2 must be in substance as follows:The party of the first part covenants with the party of the second part that the former is now seized in fee simple of the property granted; that the latter shall enjoy the same without any lawful disturbance; that the same is free from all encumbrances; that the party of the first part, and all persons acquiring any interest in the same through or for him, will, on demand, execute and deliver to the party of the second part, at the expense of the latter, any further assurance of the same that may be reasonably required; and that the party of the first part will warrant to the party of the second part all the said property against every person lawfully claiming the same. Source: CivC 1877, §990; CL 1887, §3614; RCivC 1903, §1308; RC 1919, §929; SDC 1939, §51.1420.
SD Codified L § 43-26-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 26 - Real Estate Sale Contracts|Section 43-26-4 - Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.

43-26-4. Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.Where the incident of survivorship exists in the title to real estate the subsequent execution of a contract for sale by all of the joint tenants shall not destroy the incident of survivorship unless expressly provided.The provisions of this section shall also be applicable to agreements heretofore executed. Source: SL 1966, ch 154; SL 1969, ch 196.
SD Codified L § 43-26-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 26 - Real Estate Sale Contracts|Section 43-26-5 - Rights and duties of parties as to risk of loss under contract.

43-26-5. Rights and duties of parties as to risk of loss under contract.Any contract made after June 30, 1937 in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the rights and duties set forth in §§43-26-6 and 43-26-7, unless the contract expressly provides otherwise. Source: SL 1937, ch 258, §1; SDC 1939 & Supp 1960, §37.1807.
SD Codified L § 43-26-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 26 - Real Estate Sale Contracts|Section 43-26-7 - Transfer of subject matter of contract for purchase and sale of realty--Destruction without fault of vendor--Taking by eminent domain--Payment of purchase price.

43-26-7. Transfer of subject matter of contract for purchase and sale of realty--Destruction without fault of vendor--Taking by eminent domain--Payment of purchase price.If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that he has paid. Source: SL 1937, ch 258, §1; SDC 1939 & Supp 1960, §37.1807 (2).
SD Codified L § 43-26-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 26 - Real Estate Sale Contracts|Section 43-26-8 - Interpretation and construction of risk of loss provisions.

43-26-8. Interpretation and construction of risk of loss provisions.Sections 43-26-5 to 43-26-7, inclusive, shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them. Source: SL 1937, ch 258, §§2, 3; SDC 1939 & Supp 1960, §37.1807; SL 1983, ch 13, §15.
SD Codified L § 43-26-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 26 - Real Estate Sale Contracts|Section 43-26-9 - Prepayment privilege implied in real estate contract.

43-26-9. Prepayment privilege implied in real estate contract.Any contract made in this state for the purchase and sale of realty shall be interpreted as including an agreement that the vendee shall have the right to tender, and the vendor shall have the duty to accept, prepayment of the balance of the contract price with accrued interest at any time without penalty to the vendee, unless the contract expressly provides otherwise. Source: SL 1973, ch 275.
SD Codified L § 43-27-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 27 - Names Of Farms Ranches And Homes|Section 43-27-1 - Registration and recording of name of farm, ranch, or home--Fee--Certification of name and location by secretary of state.

43-27-1. Registration and recording of name of farm, ranch, or home--Fee--Certification of name and location by secretary of state.The owner of any farm, ranch, or home in this state may, upon the payment of fifteen dollars to the secretary of state, have the name of the farm, ranch, or home entered and recorded in a register. The secretary of state shall keep the register and furnish the owner a certificate setting forth the name and location of the farm, ranch, or home and the name of the owner. Source: SDC 1939, §51.1625; SL 1974, ch 55, §43; SL 2003, ch 8, §10; SL 2009, ch 4, §10.
SD Codified L § 43-27-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 27 - Names Of Farms Ranches And Homes|Section 43-27-3 - Transaction of business by reference to name of farm, ranch, or home.

43-27-3. Transaction of business by reference to name of farm, ranch, or home.Transfers of the farm, ranch, or home so registered, and business, judicial, and other transactions may be had by reference to such name and thereby shall include the property described and registered under such name unless specific exception is made in the instrument or transaction involved. Source: SDC 1939, §51.1625.
SD Codified L § 43-27-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 27 - Names Of Farms Ranches And Homes|Section 43-27-4 - Exclusive right to use recorded name of farm, ranch, or home.

43-27-4. Exclusive right to use recorded name of farm, ranch, or home.Whenever any name shall have been recorded as provided in this chapter no other person shall have the right to use the same name for any other farm, ranch, or home in the same county without prefixing or adding thereto distinguishing or other identifying words. Source: SL 1911, ch 153; RC 1919, §6023; SDC 1939, §51.1625.
SD Codified L § 43-28-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-1 - Recording of instruments affecting real estate with register of deeds.

43-28-1. Recording of instruments affecting real estate with register of deeds.Any instrument affecting the title to or possession of real property may be recorded as by law provided.Instruments entitled to be recorded must be recorded by the register of deeds of the county in which the real property affected thereby is situated. Source: CivC 1877, §§647, 651; SL 1879, ch 47, §1; CL 1887, §§3268, 3272; RCivC 1903, §§961, 965; SL 1905, ch 149; RC 1919, §§569, 573; SL 1921, ch 352; SL 1923, ch 253; SL 1925, ch 265; SDC 1939, §51.1601.
SD Codified L § 43-28-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-2 - Instruments which may be recorded without acknowledgment or further proof.

43-28-2. Instruments which may be recorded without acknowledgment or further proof.The following instruments may be recorded without acknowledgment or further proof:(1)Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered;(2)Patents to real estate from the United States and final certificates from the United States land offices, or copies of the same duly certified by the commissioner of the general land office or his successor;(3)Patents issued by the State of South Dakota or copies of the same duly certified by the commissioner of school and public lands;(4)Contracts for the sale of lands of the State of South Dakota, or copies of the same duly certified by the commissioner of school and public lands;(5)Notices of pendency of action signed by attorneys of record in the action in which such notices are entitled;(6)Affidavits of identity of persons or places as to the homestead character of real estate as provided in §43-28-4.1;(7)Certificates of discharge of veterans as defined by §33A-2-1 and of all persons who have served in the military forces of the United States or of any of its allies in any war in which the United States has engaged, or copies of such papers certified or authenticated in the manner prescribed by the statutes of the United States or regulations of the military department thereof;(8)Affidavits or other recordable documents specifying the labor or improvements, or compliance requirements arising under federal law on mining claims. Source: CivC 1877, §647; SL 1879, ch 47, §1; CL 1887, §3268; RCivC 1903, §961; SL 1905, ch 149; RC 1919, §569; SL 1921, ch 351; SL 1921, ch 352; SL 1923, ch 253; SL 1925, ch 265; SDC 1939, §51.1603; SL 1990, ch 351, §1; SL 1994, ch 338, §1; SL 2011, ch 1 (Ex. Ord. 11-1), §20, eff. Apr. 12, 2011.
SD Codified L § 43-28-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-3 - Instruments recorded without acknowledgment or further proof--Use of certified copies as evidence.

43-28-3. Instruments recorded without acknowledgment or further proof--Use of certified copies as evidence.Copies of the records of such patents to real estate, final certificates, patents, contracts of sale of the State of South Dakota, and certificates of discharge of veterans and persons in the military service of the United States as specified in §43-28-2 and of the record of such duly certified copy of any of the same, shall, when duly certified by the custodian of such records, be admissible in evidence without further proof. Source: CivC 1877, §647; SL 1879, ch 47, §1; CL 1887, §3268; RCivC 1903, §961; SL 1905, ch 149; RC 1919, §569; SL 1921, ch 352; SL 1923, ch 253; SL 1925, ch 265; SDC 1939, §51.1603.
SD Codified L § 43-28-4.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-4.1 - Affidavits stating facts relating identity of a party recorded.

43-28-4.1. Affidavits stating facts relating identity of a party recorded.An affidavit stating facts touching the identity of a party to any instrument of record or stating that a party to any such instrument is or was single or married, or touching the fact as to whether or not the land mentioned in any such instrument is or was the homestead of a party or parties to such instrument or touching the identification of any plats or subdivisions of any municipal corporation may be recorded in the office of the register of deeds of any county where such instrument is recorded. Such affidavits or certified copies thereof are prima facie evidence of the facts therein stated, and such affidavits, the record thereof, or certified copies thereof are admissible evidence without further proof. Source: SL 1921, ch 351; SDC 1939 & Supp 1960, §36.0204; SDCL, §19-4-4; SL 1979, ch 154, §16.
SD Codified L § 43-28-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-5 - Presumption that execution of certificate attached to copy of instrument eligible for record was made by authorized officer.

43-28-5. Presumption that execution of certificate attached to copy of instrument eligible for record was made by authorized officer.In the absence of any showing of record to the contrary, it shall be presumed that any person or officer who purports to have executed a certificate attached to a copy of any instrument or record which is by §43-28-4 made eligible for record was duly authorized to execute such certificate at the time it purports to have been executed. Source: SL 1949, ch 208, §2; SDC Supp 1960, §51.1628.
SD Codified L § 43-28-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-6 - Prior recording of instruments validated--Rights barred by no action.

43-28-6. Prior recording of instruments validated--Rights barred by no action.The record of any instrument or of a certified copy of any instrument, record, proceeding, entry, order, decree, or appointment which was recorded in the office of any register of deeds prior to January 1, 1992, which would have been eligible for record by virtue of any later amendment of §43-28-4 as of January 1, 1992, is hereby legalized and shall have the same force and effect as if it had been recorded after the later amendment of §43-28-4.If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SL 1949, ch 208, §3; SDC Supp 1960, §65.0328; SL 1992, ch 307, §55.
SD Codified L § 43-28-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-7 - Authorities without state have no jurisdiction of real property within state.

43-28-7. Authorities without state have no jurisdiction of real property within state.Nothing in §§43-28-4 to 43-28-6, inclusive, shall be construed as granting to any court, government, department, board, or public official of any other state or jurisdiction any jurisdiction whatsoever over real property within this state. Source: SL 1949, ch 208, §4; SDC Supp 1960, §51.1629.
SD Codified L § 43-28-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-8 - Instruments which must be acknowledged or proved before record--Certification.

43-28-8. Instruments which must be acknowledged or proved before record--Certification.Before an instrument can be recorded, unless it belongs to one of the classes specified in §43-28-2 or unless its record has been authorized by the judgment or order of a court of competent jurisdiction, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its authorized officer or it must be proved as provided by §18-4-18 or as provided by §§18-4-19 and 18-4-20 and such acknowledgment or proof must be certified as required in chapter 18-4. Source: CivC 1877, §648; CL 1887, §3269; RCivC 1903, §962; RC 1919, §570; SDC 1939, §51.1602; SL 1943, ch 173.
SD Codified L § 43-28-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-9 - Acknowledgment of instrument by married woman.

43-28-9. Acknowledgment of instrument by married woman.A conveyance or other instrument executed by a married woman has the same effect as if she were unmarried and may be acknowledged in the same manner. Source: SL 1881, ch 2, §2; CL 1887, §3282; RCivC 1903, §975; RC 1919, §581; SDC 1939, §51.1624.
SD Codified L § 43-28-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-10 - Recording of instrument proved and certified by handwriting.

43-28-10. Recording of instrument proved and certified by handwriting.An instrument proved and certified pursuant to §§18-4-19 and 18-4-20 may be recorded in the proper office, if the original is at the same time deposited therein, to remain for public inspection, but not otherwise. Source: CivC 1877, §649; CL 1887, §3270; RCivC 1903, §963; RC 1919, §571; SDC 1939, §51.1602; SL 1943, ch 173.
SD Codified L § 43-28-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-11 - Deposit of acknowledged or proved and certified instrument for record as recording--Endorsement of amount of fee.

43-28-11. Deposit of acknowledged or proved and certified instrument for record as recording--Endorsement of amount of fee.An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the register's office with the proper officer for record.The register must in all cases endorse the amount of his fee for the recording on the instrument recorded. Source: CivC 1877, §651; CL 1887, §3272; RCivC 1903, §965; RC 1919, §573; SDC 1939, §51.1601.
SD Codified L § 43-28-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-12 - Separate recording of absolute grants and mortgages.

43-28-12. Separate recording of absolute grants and mortgages.Grants, absolute in terms, are to be recorded in one set of books and mortgages in another. Source: CivC 1877, §652; CL 1887, §3274; RCivC 1903, §967; RC 1919, §574; SDC 1939, §51.1601.
SD Codified L § 43-28-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-13 - Law governing execution, acknowledgment, proof, form, or record of conveyance made before 1939.

43-28-13. Law governing execution, acknowledgment, proof, form, or record of conveyance made before 1939.The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, except as to seals, upon the laws in force when the act was performed except as by other statutes expressly provided. Source: CivC 1877, §670; CL 1887, §3292; RCivC 1903, §985; RC 1919, §591; SDC 1939, §51.1618.
SD Codified L § 43-28-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-14 - Validity of unrecorded instrument.

43-28-14. Validity of unrecorded instrument.An unrecorded instrument is valid as between the parties thereto and those who have notice thereof. Source: CivC 1877, §675; CL 1887, §3297; RCivC 1903, §990; RC 1919, §596; SDC 1939, §51.1622.
SD Codified L § 43-28-15 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-15 - Constructive notice of execution of instrument affecting real property to purchasers or encumbrancers subsequent to recording.

43-28-15. Constructive notice of execution of instrument affecting real property to purchasers or encumbrancers subsequent to recording.The recording and deposit of an instrument, proved and certified according to the provisions of §§18-4-17 to 18-4-20, inclusive, and §§43-28-8 and 43-28-10, are constructive notice of the execution of such instrument to all purchasers or encumbrancers subsequent to the recording. Source: CivC 1877, §674; CL 1887, §3296; RCivC 1903, §989; RC 1919, §595; SDC 1939, §51.1621.
SD Codified L § 43-28-17 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-17 - Priority of first recorded conveyance of real property--Conveyance defined.

43-28-17. Priority of first recorded conveyance of real property--Conveyance defined.Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded. The term "conveyance" as used in this section, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to any real property may be affected, except wills and powers of attorney. Source: CivC 1877, §§671, 672; CL 1887, §§3293, 3294; RCivC 1903, §§986, 987; RC 1919, §§592, 593; SDC 1939, §51.1620; SL 1941, ch 213.
SD Codified L § 43-28-18 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-18 - Recording of instrument containing power affecting real property--Instrument of revocation must be recorded in the same office.

43-28-18. Recording of instrument containing power affecting real property--Instrument of revocation must be recorded in the same office.No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also acknowledged or proved, certified, and recorded in the same office in which the instrument containing the power was recorded. Source: CivC 1877, §673; CL 1887, §3295; RCivC 1903, §988; RC 1919, §594; SDC 1939, §51.1623.
SD Codified L § 43-28-19 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-19 - Recitals as to marital status, homestead status, or identity of parties in instruments affecting title to real property--Evidentiary effect.

43-28-19. Recitals as to marital status, homestead status, or identity of parties in instruments affecting title to real property--Evidentiary effect.Recitals as to the marital status of parties to the instrument, or as to the homestead status of the property, or as to the identity of parties named in instruments in the chain of title, in any conveyance or other instrument affecting title to real estate in this state, which has been, or hereafter shall be, recorded in the office of the register of deeds for the county in which the land is situated, or the record of the instrument, or a certified copy of the record, shall be prima facie evidence of the truth of such recitals. Source: SL 1968, ch 198.
SD Codified L § 43-28-20 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-20 - Record of death of person deceased twelve years or more as evidence of death and date of death--Requirements and effect of recording.

43-28-20. Record of death of person deceased twelve years or more as evidence of death and date of death--Requirements and effect of recording.In all cases in which any person has been deceased for twelve years or more, a copy of the record of the death of such decedent, duly certified by any officer who is required by the laws of the state or country in which such record is made to keep a record of the death of persons occurring within the jurisdiction of such officer, may be recorded in the office of the register of deeds of the county in which any real estate affected is situated. The record of such certified copy shall be prima facie evidence of the death of such person; and the date of such death. In order to identify the property affected by the death of such person, the person causing said certificate to be recorded shall attach thereto an affidavit setting out the legal description of the property involved. This section shall not be treated or construed as exclusive of any other remedy authorized by law or rule of court but shall be cumulative to such other remedy. Source: SL 1969, ch 277, §§1, 2.
SD Codified L § 43-28-21 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 28 - Recording Of Instruments|Section 43-28-21 - Mailing address of grantee required for recording real estate conveyance.

43-28-21. Mailing address of grantee required for recording real estate conveyance.Every grantee who has a real estate conveyance recorded shall, at the time such conveyance is presented for recording, provide the register of deeds with his current legal mailing address. Source: SL 1982, ch 298, §1.