Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-29-1 Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing
0.4K chars
The record of notice of pendency of any action of record in the office of the register of deeds shall not affect the title of any real property in the county where recorded after expiration of ten years from the date of filing, and notice thereof shall be deemed to have been disc…
SDCL § 43-29-10 Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree
0.6K chars
Where in the chain of title to a municipal lot platted more than twenty years, there is, prior to such platting, any judgment or decree of any court having jurisdiction of the subject matter, it shall be presumed that title to real estate so affected is in accordance with the det…
SDCL § 43-29-2 Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure
0.5K chars
The record of a mortgage or other lien upon real property shall be without effect and said mortgage or lien shall be deemed satisfied and discharged where it appears from other records in the office of the register of deeds or clerk of courts that the property described therein h…
SDCL § 43-29-3 Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing
0.5K chars
Every certificate of acknowledgment of the execution of any deed, mortgage, or other instrument affecting the title to real property, shall be presumed to have been made by the identical officer described therein acting pursuant to lawful authority and the legal sufficiency of th…
SDCL § 43-29-4 Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions
1.4K chars
In instruments affecting the title to real property which have been recorded for ten years or more where the full first Christian name and middle initial, or full middle name and first initial, of the grantee, distributee, or otherwise, has been used and later, as grantor or othe…
SDCL § 43-29-5 Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken
0.3K chars
The provisions of a judgment or decree affecting the title to real property and the record thereof are conclusive after twenty years from the entry thereof and all proceedings necessary to support such judgment or decree shall be deemed to have been legally taken. Source: SL 1943…
SDCL § 43-29-6 Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions
0.3K chars
Sections 43-29-1 to 43-29-5 , inclusive, shall apply to instruments recorded before as well as after their enactment but their provisions shall not be applied in any action involving real property, which was pending on July 1, 1943 or was commenced prior to July 1, 1944. Source: …
SDCL § 43-29-7 Defect or omission in record respecting title to real estate existing for more than ten years--Correction unnecessary in order to make title marketable
3.2K chars
It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission in the record has existed of record for a period of …
SDCL § 43-29-8 Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable
1.6K chars
It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission has existed of record for a period of more than twen…
SDCL § 43-29-9 "Record" as used in marketable title provisions construed
0.3K chars
Except where used in the sense of recording, wherever the word "record" is used in §§ 43-29-7 and 43-29-8 , it shall be construed to mean the records in the office of the register of deeds of the county in which the real estate affected is situated. Source: SL 1943, ch 176 , § 2;…