Title 43, PROPERTY

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, exce…

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.

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 record…

Any instrument affecting real property which was previous to December 31, 1988, copied into the proper book of record kept in the office of any register of deeds shall be deemed to impart after that date, notice of such instrument and its contents to subsequent purchasers and enc…

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 f…

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 …

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 ha…

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 fro…

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…

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.

All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such conveyances shall be treated as if the conveyances had been made to, or by, the fiduciary for purp…

Any real estate document recorded with the register of deeds, except for plats, shall: (1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that cov…

Terms used in §§ 43-28-25 to 43-28-28 , inclusive, mean: (1) "Personally identifiable information," any information that includes one or more of the following specific unique identifiers when combined with an individual's name: (a) A social security number. This term does not, ho…

The preparer of a document or instrument may not include an individual's personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds. This section does not apply to any document or in…

The provisions of §§ 43-28-24 to 43-28-28 , inclusive do not apply to a state or federal tax lien or release relating to a state or federal tax lien, a military separation or discharge record, a uniform commercial code filing in the county office of the register of deeds, or any …

The register of deeds shall post a notice in the county office of the register of deeds and on any website provided by the register of deeds. The notice shall include the information provided in §§ 43-28-24 to 43-28-26 , inclusive. Source: SL 2010, ch 214 , § 5.

The register of deeds may not reject a document or instrument presented for recording solely because the document or instrument fails to comply with §§ 43-28-24 to 43-28-27 , inclusive. Source: SL 2010, ch 214 , § 6.

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 suc…

In addition to all other instruments affecting the title to real property which are now eligible for record in the office of a register of deeds in this state, the following mentioned original instruments, together with copies of such other original instruments, records, proceedi…

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 par…

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 c…

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 ame…

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 Sup…

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 execut…

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.