Title 7 — COUNTIES
39 chapters · 737 sections in this title.
SDCL 6-1-11
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Source: SL 1988, ch 61 , § 2.
SDCL § 7-9-1 Duty to keep records of instruments--Destruction of unneeded records
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The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other ins…
SDCL § 7-9-1.1 Recording, filing, and indexing of records by microfilming or computerization
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The functions of the register of deeds, including but not limited to, the recording of instruments, liens, satisfactions, and releases and the filing of records, as well as the index to any such record, may be accomplished by means of microfilming or computerization, as provided …
SDCL § 7-9-10 Monthly report to tax officials of real estate transfers
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It shall be the duty of the register of deeds in each county to keep in his office and to enter therein the name of the grantor and the grantee and a sufficient description of the real estate in each transfer to perfectly identify the same and, on the last working day of each cal…
SDCL § 7-9-11 Numbering and alphabetical index of instruments relating to personal property
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The register of deeds with whom any chattel mortgage, bill of sale, conditional sales contract, lien upon personal property, or other instrument affecting personal property, or authenticated copy of any thereof, is filed, must endorse a number upon the same in consecutive order, …
SDCL § 7-9-12 Form of personal property index
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The index described in § 7-9-11 shall be substantially, or as near as may be, in the following form: Personal Property Index Vendor or Obligee Vendee or Obligor Number Date Date of Filing Nature of Instrument Amount Remarks Source: CivC 1877, § 1751; CL 1887, § 4386; RCivC 1903, …
SDCL § 7-9-13 Continued use of previously authorized register index
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Any register of deeds may continue to use the register index heretofore provided by law until space in such record is exhausted after which date the index provided for in §§ 7-9-11 and 7-9-12 shall be used; provided, that any such instrument is not to be deemed defectively filed …
SDCL § 7-9-13.1 Release of old age assistance liens
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All liens and claims in favor of the state arising under former chapter 28-4 are hereby released, satisfied, and discharged in full. The register of deeds of each county shall search the records in his office and enter such action citing this section as his authority. Source: SL …
SDCL § 7-9-14 Replacement of unusable indexes--Completion of incomplete indexes--Admissibility in evidence
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In any county where the register of deeds shall have failed to make or keep proper indexes of the records of that office which by the laws of this state are required to be made or kept, or, where deterioration or destruction from any cause any such indexes become unusable or like…
SDCL § 7-9-15 Fees--Real estate documents to conform to format standards--Exception
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The register of deeds shall charge and receive the following fees: (1) For recording deeds, mortgages, and all other instruments not specifically provided for in this section or this code, the sum of thirty dollars for the first fifty pages plus two dollars for each additional pa…
SDCL § 7-9-15.1 Immunity from personal liability for bad checks
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A register of deeds is not personally liable for any insufficient - funds or no - account checks or uncollectible accounts receivable for any transaction collected or charged if the register of deeds exercised due diligence and if such collections or charges arise in the course o…
SDCL § 7-9-16 Reception record and fee book maintained by register--Entries in record
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The register of deeds shall keep a reception record and fee book to be provided by the county which shall be a part of the records of his office and in which shall be entered each item of fees charged or received by him for service rendered as such officer and which book shall al…
Deposit of fees and other collections received--Charging on account--Record of accounts receivable
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Within the time frame established by the county commission, the register of deeds shall deposit with the county treasurer the total amount of fees and other collections received. Unless otherwise required, all fees and other collections shall be placed to the credit of the genera…
SDCL § 7-9-18 Failure by register to collect, record, report or pay over fees as theft
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Any register of deeds who shall neglect or omit to charge or collect the fees allowed by law for services rendered by him, or shall fail to keep a record of the same, or to make a correct statement thereof to the county auditor, or to pay over such fees to the county treasurer as…
SDCL § 7-9-19 Refusal to record
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A register of deeds may refuse to record any document that the law does not require or authorize a register to record or any document that the register has reasonable cause to believe is a counterfeit lien as defined in §
SDCL § 7-9-2 Seal of office--Use on instruments
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The register of deeds shall obtain a seal which shall bear the following inscription: "Register of deeds of __________ county." The seal may be in a rubber, raised embosser, or electronic format and shall be used on each instrument to which the register of deeds affixes his or he…
SDCL § 7-9-20 Court action for refusal to record
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Any person whose document or lien is refused for recording by the register of deeds pursuant to § 7-9-19 may commence an action in the circuit court for that county for an order directing the register to file the document. If the court determines that the register is required or …
SDCL § 7-9-21 Liability of register for refusal to record
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If a court determines that the register acted reasonably or in good faith in refusing to record a document that the register believed should not be recorded or a document that the register believed to be a counterfeit lien, the register is not liable for any civil damages resulti…
SDCL § 7-9-22 Suspicion of counterfeit recorded documents--Notice
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If a register of deeds has reason to believe that a document or instrument previously recorded is counterfeit pursuant to § 22-11-29 , the register of deeds shall provide written notice of the recording of the document or instrument to the stated or last known address of the pers…
SDCL § 7-9-23 Repealed by SL 2011, ch 37 , § 2, eff
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Mar. 7, 2011. 7-9-24 Electronic preservation of documents. 7-9-25 County register of deeds modernization and preservation relief fund. 7-9-26 Fees deposited into fund--Distribution. 7-9-27 Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, …
SDCL § 7-9-24 Electronic preservation of documents
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Any permanent document filed or recorded in the office of the register of deeds may be electronically preserved provided the original record is retained in hard copy or on microfilm. Source: SL 2010, ch 35 , § 1.
SDCL § 7-9-25 County register of deeds modernization and preservation relief fund
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There is hereby established a county register of deeds modernization and preservation relief fund to be administered by the county register of deeds. The fund shall be used for modernization of information systems and preservation of property and records. The register of deeds ma…
SDCL § 7-9-26 Fees deposited into fund--Distribution
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Five dollars of each recording or filing fee collected by the register of deeds, pursuant to subdivisions 7-9-15(1), (3), (4), and (5) and §§ 11-3-11 , 43-15A-9 , and 43-20-10 , shall be deposited into the county register of deeds modernization and preservation relief fund. Sixty…
SDCL § 7-9-27 Duty of the county governing body to fund register of deeds--Gifts, grants, contributions, and funds from other sources
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The county register of deeds modernization and preservation relief fund may not be construed to diminish the duty of the county governing body to provide for funding for salaries, personnel, supplies, equipment and other expenses for the register of deeds, even if the funding is …
SDCL § 7-9-29 Fiscal year of fund--Computation of each county's share of deposits--Division of money in fund--Administrative fee
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The fiscal year for the South Dakota association of county officials register of deeds modernization and preservation relief fund begins on July first and ends on June thirtieth. Before July thirty-first of each year, the association of county officials shall compute each county'…
SDCL § 7-9-3 Time of recording
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Each instrument entitled by law to be recorded, shall be recorded during the office hours set pursuant to §§ 7-7-2 and 7-7-2.1 in the order and as of the date and time when the instrument is received by the register of deeds for that purpose. Source: SL 1862, ch 61 ; SL 1863-4, c…
SDCL § 7-9-4 Special townsite deed record required
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In counties where townsites are now or may hereafter be located upon government lands, it shall be the duty of the register of deeds to procure a book to be known as the townsite deed record, in which he shall record all deeds made by the mayor of any first or second class munici…
SDCL § 7-9-5 Conveyances of platted land not accepted until plat recorded
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No register of deeds may accept for record or record any deed, mortgage, or other conveyance of any platted plot of land until the plat has been accepted for record in the register of deed's office. Source: SL 1913, ch 342 , § 4; RC 1919, § 5918; SDC 1939, § 12.0709; SL 2016, ch …
SDCL § 7-9-6 Tax payment certificate required for recording of plat--County auditor's, state highway, and centrally assessed railroad property plats excepted
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No register of deeds may accept for record or record any plat of any subdivision or rearrangement of any tract of land unless it is accompanied by the certificate of the county treasurer that all taxes which are liens upon the tract so subdivided have been fully paid. This sectio…
SDCL § 7-9-7.1 Report of information in recorded instruments
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The register of deeds shall make the information collected pursuant to § 7-9-7 available to the director of equalization and the secretary of revenue in the same manner as is required by §
SDCL § 7-9-7.2 Certificate of value--Form
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The form of the certificate of value required by §§ 7-9-7 and 10-13-40 shall be established by the secretary of revenue by rule promulgated pursuant to chapter 1-26 . Source: SL 1991, ch 61 , § 2; SL 1999, ch 50 , § 2.
SDCL § 7-9-7.3 State exempt from filing certificate of value
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In lieu of filing the certificate of value required by § 7-9-7 when filing deeds or easements conveying highway right - of - way, the State of South Dakota shall file with the director of equalization a statement of the purchase price paid and the date the state received possessi…
SDCL § 7-9-7.4 Original signatures required for recording generally--Financing statements--Exhibits--Limited electronic signatures permitted
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Unless otherwise provided by law, a paper document that is to be recorded or filed in the register of deeds' records as provided in this section or other applicable law must contain the original signatures of the parties who execute the document and, if required to be acknowledge…
SDCL § 7-9-8 Numerical indexes of instruments affecting real property--Form
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The register of deeds shall keep one numerical index of the deeds, contracts, and other instruments, not liens merely, and another such index of the mortgages and other liens, of record in his office affecting or relating to the title to real property, which indexes shall be subs…
SDCL § 7-9-8.1 Endorsement of date, time, and identifying number--Entry in indexes
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Each register of deeds shall plainly endorse each instrument received for record, upon receipt, the date and time of reception of the instrument, and an identifying number. The identifying number may be a unique instrument number or book and page number, or both, that clearly ide…