reglab/housing_qa huggingface dataset:
SD Codified L § 5-26 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-26 - Discrepancy in corporate name.

5-26.Discrepancy in corporate name.The alternate use of "Co." for Company, "Inc." for Incorporated, "Corp." for Corporation, "LLC" for Limited Liability Company, "LLP" for Limited Liability Partnership, "PLC" for Professional Limited Liability Company, "Coop." for Cooperative, "Ltd." for Limited, "P.C." for Professional Corporation, and similar common abbreviations, the omission or inclusion of the word "The," whether or not a part of the corporate name, and the alternate use of "and" and " & " may be disregarded as immaterial unless there is evidence of record that the variation has significance.Where a place or location preceded by "of" or "in" is a part of the title of a corporation and a variance relative thereto appears in the record, it is proper to require the execution of another instrument or an appropriate showing of identity.
SD Codified L § 5-27 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-27 - Corporate deed.

5-27.Corporate deed.The corporate seal or corporate acknowledgment of any corporation attached to a deed, mortgage, assignment of mortgage, release of mortgage or other instruments is prima face evidence that an officer was duly authorized to execute the instrument in behalf of the corporation and that the person has authority.
SD Codified L § 5-28 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-28 - Corporate existence.

5-28.Corporate existence.When an instrument of a private corporation appears in the title and the instrument is executed, acknowledged and sealed in proper form, the title examiner may assume that the corporation was legally in existence at the time the instrument took effect.
SD Codified L § 5-29 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-29 - Ultra vires not assumed.

5-29.Ultra vires not assumed.Where an instrument of a domestic or qualified foreign private corporation appears in the title, an examiner may assume that the corporation was authorized or not forbidden to acquire and sell the real property affected by instrument.
SD Codified L § 5-30 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-30 - Corporate acknowledgments.

5-30.Corporate acknowledgments.A corporate acknowledgment should not be considered void because the notary public is also an officer, director, employee or stockholder of the corporation.
SD Codified L § 5-31 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-31 - Conveyances to or from unincorporated associations.

5-31.Conveyances to or from unincorporated associations.Prior to January 1, 1992, a conveyance to an unincorporated association vests title in such association. Any unincorporated association may mortgage or convey real estate so long as the resolutions and notices as required by SDCL 43-25-24 are complied with.
SD Codified L § 5-32 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-32 - Authority of unincorporated associations.

5-32.Authority of unincorporated associations.An unincorporated religious, benevolent, fraternal, charitable or educational association may mortgage or convey any real estate which is owned by such association by adopting a proper resolution authorizing such mortgage or conveyance and publication as required by statute.
SD Codified L § 5-33 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-33 - Conveyance--limited liability company, authority presumed.

5-33.Conveyance--limited liability company, authority presumed.Any instrument duly executed and acknowledged by an authorized person of a limited liability company may be presumed to be within the authority and duly authorized by the limited liability company.
SD Codified L § 5-34 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-34 - Execution--corporate or limited liability company.

5-34.Execution--corporate or limited liability company.A title examiner may presume the power and authority of any officer of a corporation, except a bank, if a corporate acknowledgement or corporate seal is made a part of the document. Upon review of the Articles of Organization, a title examiner may presume the power and authority of any manager of a manager-managed limited liability company or member of a member-managed limited liability company to execute and acknowledge a document affecting property, unless the Articles of Organization limit the authority.
SD Codified L § 5-35 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 5-35 - Political subdivisions--no specific standard.

5-35.Political subdivisions--no specific standard.
SD Codified L § 6-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-01 - Delivery, delay in recordation.

6-01.Delivery, delay in recordation.Delivery of an instrument, acknowledged and recorded, is presumed. Delay in recordation, with or without record evidence of the intervening death of the grantor, does not dispel the presumption.However, the fact that such a deed is presumed to be valid and effective does not dispose of the question whether the transfer of the property conveyed may have been subject to inheritance tax. (See Standard [7.1] relative to lien for inheritance tax.)
SD Codified L § 6-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-02 - Date of acknowledgment.

6-02.Date of acknowledgment.A title examiner may disregard the absence of the date of acknowledgment or an acknowledgment dated before or after the date of the instrument.
SD Codified L § 6-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-03 - Notary act presumed valid.

6-03.Notary act presumed valid.A title examiner may presume that a notarial act outside of South Dakota is in accordance with the laws of that jurisdiction.
SD Codified L § 6-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-04 - Expired notary.

6-04.Expired notary.Where the record of an instrument shows a notarial commission to have expired prior to the date of acknowledgment, the acknowledgment is invalid, but the record of the instrument is constructive notice, subject to the provisions of SDCL 18-5-13.
SD Codified L § 6-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-05 - Notary seal.

6-05.Notary seal.All certificates of acknowledgment by notaries public on documents filed for record are binding, legal, and enforceable regardless of whether the notary seal is stamped or embossed.
SD Codified L § 6-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-06 - Lis pendens--effect of judgment.

6-06.Lis pendens--effect of judgment.The entry of judgment in an action for which a lis pendens has been filed discharges the lis pendens.
SD Codified L § 6-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 6-07 - Statute of limitations--lis pendens.

6-07.Statute of limitations--lis pendens.A title examiner may disregard a lis pendens of record more than ten years.
SD Codified L § 7-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-01 - Signatures by mark.

7-01.Signatures by mark.A title examiner should not object to a signature or subscription by "mark" even though there is no witness if the instrument contains a proper certificate of acknowledgment.
SD Codified L § 7-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-02 - Alternative grantees.

7-02.Alternative grantees.A conveyance to grantees in the alternative renders the conveyance void.
SD Codified L § 7-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-03 - Strangers to title.

7-03.Strangers to title.An instrument executed by a person who is a stranger to the record chain of title at the time such instrument is recorded does not make the title unmarketable, unless recently recorded, in which event some inquiry may be justified.A title examiner should take notice of the interest of a person joining with the record owner in a contract, mortgage, lease, plat or easement, other than a spouse joining for possible homestead interest. Conveyances by strangers to the chain of title may be disregarded, unless a title examiner has actual notice of knowledge (through sources other than the record) of the interest of the grantor, or unless subsequent to such conveyance there is recorded a deed or other conveyance vesting title in such stranger.
SD Codified L § 7-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-04 - Quit claim--after acquired title.

7-04.Quit claim--after acquired title.A quit claim deed does not pass after-acquired interest in property, unless words expressing such intent are added.
SD Codified L § 7-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-05 - Deeds--after acquired title.

7-05.Deeds--after acquired title.A warranty deed, limited warranty deed or special warranty deed passes after acquired title.
SD Codified L § 7-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-06 - Marketable title acts.

7-06.Marketable title acts.Chapter 233 Laws for 1947Chapter 256 Laws for 1951 (SDC Supp. 51.16B)Chapter 266 Laws for 1957 (SDC 1960 Supp. 51.16B)[Chapter 43-30]The above are valid statutes of limitation and may respectively be relied upon as a cure or remedy for imperfections in the chain of title and a bar against all claims arising prior to the several dates referred to in each, except those specifically reserved therein. As a prerequisite to reliance upon these statutes for the purpose of title examination, it will be necessary only to require that the abstract show the recording of an affidavit of possession, as required by the act relied on; that such possession is in the holder of the record title and that there is no claim of record under the provisions of the act relied upon.
SD Codified L § 7-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-07 - Affidavit of possession to be recorded--affiant.

7-07.Affidavit of possession to be recorded--affiant.In the event the condition of the title or the abstract is such that it is deemed necessary or advisable to gain the benefit of the provisions of the marketable title statute, now SDCL 43-30, in order to attain the benefit thereof it shall be necessary that the Affidavit as prescribed therein be executed and placed of record. The Affidavit may be made by anyone who knows the facts.
SD Codified L § 7-08 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-08 - Affidavit of possession as basis for creating marketable title under tax deed.

7-08.Affidavit of possession as basis for creating marketable title under tax deed.Where a tax deed is regular on its fact and has been of record for twenty-three years or longer, the title conveyed thereunder can be considered as marketable, if the affidavit of possession as prescribed by SDC Supp. 51.16B07, as amended by Ch. 266 of the Laws of 1957, SDC 1960 Supp. 51.16B07 [§43-30-7] is made and filed for record.
SD Codified L § 7-09 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-09 - Use of affidavits.

7-09.Use of affidavits.A title examiner may rely upon affidavits as to facts in relation to the title in the following cases:1.From any person based on personal knowledge stating:a.The identity of any person appearing in such chain of title under names varying in the spelling thereof or in the use of initials;orb.That certain property was or was not homestead property.2.As to marital status.3.To explain ambiguous recitals in instruments of record.4.Marketable record title affidavits under SDCL Ch. 43-30.5. When authorized by any other statute.
SD Codified L § 7-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-10 - Corrective instruments.

7-10.Corrective instruments.A grantor who has conveyed by an effective, unambiguous instrument cannot, by executing another instrument, make a substantial change in the name of the grantee, decrease the size of the premises or the extent of the estate granted, impose a condition or limitation upon the interest granted, or otherwise derogate from the first grant, even though the latter instrument purports to correct or modify the former. However, marketability dependent upon the effect of the first instrument is not impaired by the second instrument.
SD Codified L § 7-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-11 - Instruments which are altered and re-recorded.

7-11.Instruments which are altered and re-recorded.The act of re-recording an instrument, after it has been materially altered, does not of itself destroy the rights of the parties to the original unaltered instrument.To give effect to a material alteration of a previously recorded document affecting title to real property, the instrument must be re-executed, re-acknowledged, re-delivered and re-recorded. However, a grantor cannot unilaterally derogate from a previous grant; see Standard 3.4.A material alteration to an instrument is defined as an alteration which changes the legal effect of the instrument or the rights and liabilities of the parties to the original instrument.
SD Codified L § 7-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 7-12 - Conveyances--farm credit--right of first refusal.

7-12.Conveyances--farm credit--right of first refusal.Agricultural real estate that is conveyed or leased by a Farm Credit System entity after January 6, 1988 is subject to a right of first refusal in the previous owner-mortgagor. If the Farm Credit System entity conveys or leases land to a person other than the previous owner-mortgagor had been offered the right to repurchase or lease the acquired land, and has failed to exercise that right. Documentation can include an affidavit from a Farm Credit System agent.
SD Codified L § 8-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-01 - Ownership of water.

8-01.Ownership of water.All waters within the limits of the State of South Dakota subject to limitations as provided belong to the public. An examiner may ignore in his opinion any reference thereto.
SD Codified L § 8-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-02 - Accretion, reliction, erosion and avulsion.

8-02.Accretion, reliction, erosion and avulsion.The effects of accretion, reliction, erosion and avulsion should be taken into consideration when examining title to real property bound by a body of water.
SD Codified L § 8-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-03 - High-water mark boundaries.

8-03.High-water mark boundaries.The public has a right to use the strip of land 50 foot landward from all navigable waters provided the strip is between the ordinary high water mark and ordinary low water mark of public bodies of water.
SD Codified L § 8-04 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-04 - Road and street as boundaries.

8-04.Road and street as boundaries.An adjacent owner is presumed to own to the middle of a platted road, though the public has a right to use the platted road.
SD Codified L § 8-05 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-05 - Vacated highway, street, alley or public right of way.

8-05.Vacated highway, street, alley or public right of way.A conveyance of real estate, which abuts upon a vacated highway, street, alley, other public right-of-way, includes the vacated highway, street, alley or public right-of-way, either by operation or presumption of law, unless a contrary intent appears.
SD Codified L § 8-06 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-06 - Conveyances to state for highway purposes.

8-06.Conveyances to state for highway purposes.In transfers to the State of South Dakota or any of its political subdivisions of property for highway purposes, the grantee only acquires an easement. (No opinion is expressed as to ownership of non-fluid minerals/substances on or underlying the grantee's acquired right of way.)
SD Codified L § 8-07 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-07 - Dedication of streets, etc.

8-07.Dedication of streets, etc.Title is not made unmarketable if streets, alleys and public grounds in a platted area, outside of or inside a municipality, are not expressly dedicated in the owner's certificate on the plat. They may be dedicated in any appropriate manner.
SD Codified L § 8-08 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-08 - Consult SD Mineral Title Standards.

8-08.Consult SD Mineral Title Standards.A title examiner should consult the South Dakota Mineral Title Standards if the title opinion being given includes the status of a mineral estate or interest.
SD Codified L § 8-09 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-09 - Mineral ownership--notation.

8-09.Mineral ownership--notation.A title examiner need not refer to the mineral ownership where no severance appears in the record, unless a specific request for it is made.
SD Codified L § 8-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-10 - Severance of minerals--notation.

8-10.Severance of minerals--notation.A title examiner need not note the severance of the mineral estate from the surface nor indicate the present ownership of the minerals if the examiner includes a caveat that no opinion is expressed as to the status of the mineral estate.
SD Codified L § 8-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-11 - Conveyances of royalties and minerals.

8-11.Conveyances of royalties and minerals.In conveyances affecting mineral estates distinction between perpetual non-participating royalty and a conveyance of perpetual mineral interests should be noted, and the respective burden of a perpetual royalty interest on the mineral estate should be contained in the opinion.
SD Codified L § 8-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-12 - Oil and gas leases--contingent future interests.

8-12.Oil and gas leases--contingent future interests.Where an oil and gas or other mineral lease covers land subject to a contingent future interest, the oil and gas or other mineral lease must be executed by the statutory trustee.
SD Codified L § 8-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 8-13 - Leases--oil--gas.

8-13.Leases--oil--gas.Prior to July 1, 1995, where the mineral owner is deceased an oil-gas lease must be executed by the personal representative as provided by statute.After July 1, 1995, a personal representative of an estate holding unrestricted letters may execute oil and gas leases and other instruments affecting the mineral estate without court approval.
SD Codified L § 9-01 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 9-01 - Easements as encumbrances.

9-01.Easements as encumbrances.Easements, including those reflected on plats, servitudes or non-appurtenant restrictions on the use of real property should be noted as encumbrances.
SD Codified L § 9-02 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 9-02 - Rights-of-way as encumbrances.

9-02.Rights-of-way as encumbrances.A covenant of warranty should not be considered broken by the existence of a highway or railway, or right-of-way for either, upon the land conveyed by an instrument of conveyance, unless otherwise particularly specified in the deed. However, the existence of such highway, railway, or right-of-way should be noted.
SD Codified L § 9-03 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 30S - Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards|Section 9-03 - Conveyances--effect of reservations or exceptions.

9-03.Conveyances--effect of reservations or exceptions.A deed referring to a nonexistent reservation or exception and made expressly subject thereto does not operate to reserve and except to the grantor any interest in the matter or matters made subject to exception or reservation and the same shall be considered to have passed to the grantee notwithstanding such recitation in the deed.