reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-15 - Presumption as to passing of fee simple title--Exception.

43-25-15. Presumption as to passing of fee simple title--Exception.
A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.
Source:
CivC 1877, §633, subdiv 2; CL 1887, §3254, subdiv 2; RCivC 1903, §947, subdiv 2; RC 1919, §555 (2); SDC 1939, §51.1414 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-16 - Condition precedent in grant of real property--Performance necessary to pass estate.

43-25-16. Condition precedent in grant of real property--Performance necessary to pass estate.
An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition.
Source:
CivC 1877, §633, subdiv 3; CL 1887, §3254, subdiv 3; RCivC 1903, §947, subdiv 3; RC 1919, §555 (3); SDC 1939, §51.1414 (3).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-17 - Subsequently acquired title passes by operation of law.

43-25-17. Subsequently acquired title passes by operation of law.
Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.
Source:
CivC 1877, §633, subdiv 4; CL 1887, §3254, subdiv 4; RCivC 1903, §947, subdiv 4; RC 1919, §555 (4); SDC 1939, §51.1414 (4).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18 - Grant made on condition subsequent defeated by nonperformance of condition.

43-25-18. Grant made on condition subsequent defeated by nonperformance of condition.
Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record.
Source:
CivC 1877, §633, subdiv 5; CL 1887, §3254, subdiv 5; RCivC 1903, §947, subdiv 5; RC 1919, §555 (5); SDC 1939, §51.1414 (5).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18.1 - Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose.

43-25-18.1. Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose.
Notwithstanding the provisions of §§43-25-18 and 43-30-12, whenever any real property is, heretofore or hereafter, conveyed by any grant or devise to be held or used for any religious, educational, charitable, benevolent, or public purpose, with a condition subsequent annexed in the instrument of conveyance that in event the lands shall, at any time, cease to be held or used for the purpose set forth in such conveyance, title shall revert to the grantor or devisor or the heirs, and it appears in the judgment of the officers, trustees, or governing body of the grantee named in such conveyance that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to continue to hold or use the lands for the purpose mentioned in such conveyance and that the religious, educational, charitable, benevolent, or public object of the grantor or devisor, as set forth in such conveyance, may be prevented or defeated thereby, the grantee may file an action in the circuit court of the county in which the lands are situated, setting forth a correct description of such lands and the terms and conditions under which the lands are to be held or used, together with a comprehensive statement of the changed conditions and circumstances which render it impossible or impractical to continue to hold or use the lands for the purpose stated in the conveyance.
Source:
SL 2005, ch 232, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18.2 - Commencement and prosecution of action--Limitation.

43-25-18.2. Commencement and prosecution of action--Limitation.
In any action provided for in §43-25-18.1, the heirs of the grantor, reversionary interest holder, or devisor, if known, shall be named as defendants and the action shall be commenced and prosecuted as provided for by existing law for actions against known defendants. If the names or addresses of the heirs of any such grantor, reversionary interest holder, or devisor are unknown, the action shall be commenced and prosecuted as provided by existing law for actions against unknown defendants. No such action may be commenced within seventy-five years from the execution of any conveyance.
Source:
SL 2005, ch 232, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18.3 - Hearing--Sale of lands and reinvestment in other lands on court finding allegations are true.

43-25-18.3. Hearing--Sale of lands and reinvestment in other lands on court finding allegations are true.
If, upon the hearing, it appears to the satisfaction of the court that the allegations in the action are true and that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to continue to hold or use the lands for the purposes limited in such conveyance and that the religious, educational, charitable, benevolent, or public object of the grantor, as set forth in such conveyance, may be defeated thereby, a decree may be entered authorizing the grantee to sell such lands for the highest price obtainable, and directing that the proceeds of the sale of such lands shall be reinvested in other lands suitable for the use or purpose set forth in the original conveyance, subject to any reversionary interest or other interest in the original conveyance.
Source:
SL 2005, ch 232, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18.4 - Title in fee simple free of conditions to purchaser of land.

43-25-18.4. Title in fee simple free of conditions to purchaser of land.
No sale of lands under the decree of the court pursuant to §§43-25-18.1 to 43-25-18.6, inclusive, defeats the estate of the grantee named in the original conveyance because of the failure to continue to hold or use the land for the purpose named in such conveyance and is sufficient to convey to the purchaser of such land a good and sufficient title in fee simple, free from all conditions or limitations whatsoever, under which the land shall have been held or used.
Source:
SL 2005, ch 232, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18.5 - Court authorized to place conditions on sale proceeds.

43-25-18.5. Court authorized to place conditions on sale proceeds.
As part of the decree or judgment entered in any action commenced under §§43-25-18.1 to 43-25-18.6, inclusive, the court may require that the real property be sold and that the proceeds from the sale be used for similar religious, educational, charitable, benevolent, or public purposes as provided in the original conveyance, and that the condition subsequent contained in the original conveyance attach to the sale proceeds upon such terms and conditions as the court may determine. The court may also require that the sale proceeds be used to purchase other real property or be put to such other uses consistent with the condition subsequent as the court determines.
Source:
SL 2005, ch 232, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-18.6 - Inapplicability of provisions to severed mineral interests.

43-25-18.6. Inapplicability of provisions to severed mineral interests.
Nothing in §§43-25-18.1 to 43-25-18.6, inclusive, applies to severed mineral interests.
Source:
SL 2005, ch 232, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-19 - Encumbrances defined.

43-25-19. Encumbrances defined.
The term "encumbrances" includes taxes, assessments, and all liens upon real property.
Source:
CivC 1877, §633, subdiv 6; CL 1887, §3254, subdiv 6; RCivC 1903, §947, subdiv 6; RC 1919, §555 (6); SDC 1939, §51.1414 (6).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-20 - Corporate deeds and mortgages--Execution, assignment, and release by officers of corporation--Acknowledgment.

43-25-20. Corporate deeds and mortgages--Execution, assignment, and release by officers of corporation--Acknowledgment.
Any officer of a corporation, authorized by the charter or articles of incorporation, the bylaws, or the consent of the stockholders or of the board of directors of such corporation, may execute deeds, mortgages, assignments of mortgage, releases of mortgage, and all other instruments in the name of such corporation and acknowledge the same on behalf of such corporation.
Source:
SL 1905, ch 1, §1; SL 1907, ch 2, §1; RC 1919, §544; SDC 1939, §51.1404.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-21 - Corporate seal or acknowledgment as prima facie evidence of executing officer's authorization.

43-25-21. Corporate seal or acknowledgment as prima facie evidence of executing officer's authorization.
The corporate seal of any corporation attached to a deed, mortgage, assignment of mortgage, release of mortgage, or other instrument executed and acknowledged by any officer of such corporation is prima facie evidence that such officer was duly authorized to execute such instrument on behalf of such corporation. Likewise, a corporate acknowledgment attached to or made part of any deed, mortgage, assignment of mortgage, release of mortgage, or other instrument executed by any officer of such corporation is prima facie evidence that such officer was duly authorized to execute such instrument on behalf of such corporation.
Source:
SDC 1939, §51.1404; SL 1999, ch 216, §1; SL 2014, ch 47, §16.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-22 - Mortgage or conveyance of real estate by unincorporated association--Adoption of resolution, notice--Execution of instrument.

43-25-22. Mortgage or conveyance of real estate by unincorporated association--Adoption of resolution, notice--Execution of instrument.
Any unincorporated religious, benevolent, fraternal, charitable, or educational association may mortgage or convey any real estate which is owned by such association by adopting a resolution directing such mortgage or conveyance, which mortgage or conveyance shall be executed by a majority of the board of trustees or directors, or by the presiding officer, and shall be attested by the secretary of the association; provided, however, that any such resolution may be adopted at a regular meeting of such association, or a special meeting called for such purpose, and that notice of such proposed action shall be published in a newspaper of general circulation in the community in which such association has its place of meeting, once each week for two successive weeks prior to such meeting.
Source:
SL 1943, ch 22; SL 1947, ch 32; SDC Supp 1960, §11.1304; SL 1970, ch 248, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-23 - Recording of proceedings authorizing sale or mortgage of real estate by unincorporated association.

43-25-23. Recording of proceedings authorizing sale or mortgage of real estate by unincorporated association.
A certified copy of the adopted resolution authorizing the sale or mortgage of any real estate, and the affidavit of the publication of notice of sale, all as provided for in §43-25-22, must be recorded at length by the register of deeds of the county in which the real property is situated and such records or certified copies of such records shall be prima facie evidence of the facts therein contained. Any proceedings taken and recorded before July 1, 1970, in the office of the register of deeds of the county in which the lands are situated which would have been a compliance with §§43-25-22 and 43-25-23 had the same been in effect as of the date of said recording are hereby declared to be valid.
Source:
SL 1949, ch 25; SDC Supp 1960, §11.1305; SL 1970, ch 248, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-24 - Conveyances by unincorporated association prior to 1979 validated--Presumption as to legal capacity--Vested rights protected.

43-25-24. Conveyances by unincorporated association prior to 1979 validated--Presumption as to legal capacity--Vested rights protected.
All conveyances of real property, dated, and recorded in the county where the property is situated, by any unincorporated religious, benevolent, fraternal, charitable, or educational association, prior to January 1, 1992, are, notwithstanding the omission of a resolution directing such conveyance, or the giving of notice of the proposed action thereon, by the said association, its trustees, officers, or members, as provided in §43-25-22, validated, legalized, and cured to the extent that such conveyances shall operate to convey to the persons named as grantees therein, all the right, title, and interest of any of said associations, whether such conveyances purport to have been executed by the members, officers, trustees, agents, or directors thereof; provided, however, that nothing appears of record subsequent to any such conveyances purporting to divest such persons, or their immediate or remote grantees, of such purported interest.
In order to effectuate the purposes of the foregoing provisions, it shall be conclusively presumed that all such associations had legal capacity to own such real estate and had the legal right to convey the same.
If any person had any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought 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 the provisions of chapter 15-10.
Source:
SL 1959, ch 462; SDC Supp 1960, §65.0342; SL 1963, ch 463; SL 1969, ch 289; SL 1980, ch 295; SL 1992, ch 307, §54.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-25 - Grant not invalidated by absence of seal of grantor or his agent.

43-25-25. Grant not invalidated by absence of seal of grantor or his agent.
The absence of the seal of any grantor or his agent from any grant of an estate in real property heretofore or hereafter made shall not invalidate or in any manner impair the same.
Source:
CivC 1877, §623; CL 1887, §3246; RCivC 1903, §939; RC 1919, §541; SDC 1939, §51.1402.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-26 - Recording of grant of estate in real property--Acknowledgment or proof by subscribing witness required.

43-25-26. Recording of grant of estate in real property--Acknowledgment or proof by subscribing witness required.
The execution of a grant of an estate in real property, other than an estate at will or for a term not exceeding one year, if it is not duly acknowledged, must, to entitle the grant to be recorded, be proved by a subscribing witness, or as otherwise provided in §§43-28-8 and 43-28-10.
Source:
CivC 1877, §623; CL 1887, §3246; RCivC 1903, §939; RC 1919, §541; SDC 1939, §51.1402.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-27 - Unrecorded instrument showing title to real property--Ownership--Passing with title.

43-25-27. Unrecorded instrument showing title to real property--Ownership--Passing with title.
Instruments essential to the title of real property and which are not kept in a public office as a record pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title.
Source:
CivC 1877, §579; CL 1887, §3202; RCivC 1903, §895; RC 1919, §493; SDC 1939, §51.0811.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-28 - Attornments of tenants unnecessary to grants of rents, reversions, or remainders.

43-25-28. Attornments of tenants unnecessary to grants of rents, reversions, or remainders.
Grants of rents, or of reversions, or of remainders, are good and effectual without attornments of the tenants, but no tenant, who before notice of the grant shall have paid rent to the grantor, must suffer any damage thereby.
Source:
CivC 1877, §632; CL 1887, §3253; RCivC 1903, §946; RC 1919, §554; SDC 1939, §51.1417.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-29 - Title passed by transfer of land bounded by highway.

43-25-29. Title passed by transfer of land bounded by highway.
A transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant.
Source:
CivC 1877, §631; CL 1887, §3252; RCivC 1903, §945; RC 1919, §553; SDC 1939, §51.1412.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-30 - Easements passed by transfer of real property to which they are attached.

43-25-30. Easements passed by transfer of real property to which they are attached.
A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.
Source:
CivC 1877, §627; CL 1887, §3248; RCivC 1903, §941; RC 1919, §547; SDC 1939, §51.1413.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-31 - Conveyances by owner for life or for years.

43-25-31. Conveyances by owner for life or for years.
A grant, made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
Source:
CivC 1877, §630; CL 1887, §3251; RCivC 1903, §944; RC 1919, §552; SDC 1939, §51.1411.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-32 - Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument.

43-25-32. Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument.
Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of or charge upon the estate, by the person having the power of revocation, in favor of a purchaser or encumbrancer, for value, operates as a revocation of the original instrument, to the extent of the power, in favor of such purchaser or encumbrancer.
Source:
CivC 1877, §678; CL 1887, §3300; RCivC 1903, §993; RC 1919, §599; SDC 1939, §51.1407.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-33 - Execution of power to revoke or modify instrument affecting estate in real property.

43-25-33. Execution of power to revoke or modify instrument affecting estate in real property.
Where a person having a power of revocation, within the provisions of §43-25-32, is not entitled to execute it until after the time at which he makes such a grant or charge as is described in §43-25-32, the power is deemed to be executed as soon as he is entitled to execute it.
Source:
CivC 1877, §679; CL 1887, §3301; RCivC 1903, §994; RC 1919, §600; SDC 1939, §51.1407.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-34 - Instrument other than will affecting estate in real property--Effect of fraud.

43-25-34. Instrument other than will affecting estate in real property--Effect of fraud.
Every instrument other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.
Source:
CivC 1877, §676; CL 1887, §3298; RCivC 1903, §991; RC 1919, §597; SDC 1939, §51.1406.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-35 - Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception.

43-25-35. Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception.
No instrument is to be avoided under §43-25-34 in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.
Source:
CivC 1877, §677; CL 1887, §3299; RCivC 1903, §992; RC 1919, §598; SDC 1939, §51.1406.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-36 - Rights of good faith purchaser or encumbrancer protected against fraud.

43-25-36. Rights of good faith purchaser or encumbrancer protected against fraud.
The rights of a purchaser or encumbrancer in good faith and for value are not to be impaired by any of the provisions of §§43-25-32 to 43-25-35, inclusive.
Source:
CivC 1877, §680; CL 1887, §3302; RCivC 1903, §995; RC 1919, §601; SDC 1939, §51.1408.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 26 - Real Estate Sale Contracts › Section 43-26-1 - Agreement to sell real property binds seller.

43-26-1. Agreement to sell real property binds seller.
An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property.
Source:
CivC 1877, §988; CL 1887, §3612; RCivC 1903, §1306; RC 1919, §927; SDC 1939, §51.1418.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 26 - Real Estate Sale Contracts › Section 43-26-2 - Agreement by seller of real property to give usual covenants--Delivery and form of warranty deed.

43-26-2. Agreement by seller of real property to give usual covenants--Delivery and form of warranty deed.
An agreement on the part of a seller of real property to give the usual covenants, binds him to deliver a warranty deed in the form prescribed by 43-25-5 or to insert in the grant covenants of seizin, quiet enjoyment, further assurance, general warranty, and against encumbrances.
Source:
CivC 1877, §989; CL 1887, §3613; RCivC 1903, §1307; RC 1919, §928; SDC 1939, §51.1419.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.