Title 43, PROPERTY

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 directin…

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.

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-…

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, §…

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…

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, …

Every grant of an estate in real property is conclusive against the grantor and everyone subsequently claiming under him, except a purchaser or encumbrancer who, in good faith, and for a valuable consideration, acquires a title or lien by an instrument that is first duly recorded…

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 p…

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, § 6…

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 favo…

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 i…

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 e…

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 …

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.

Words of inheritance or succession are not requisite to transfer a fee in real property. Source: CivC 1877, § 618; CL 1887, § 3241; RCivC 1903, § 934; RC 1919, § 536; SDC 1939, § 51.1312.

The standard form of warranty deeds in this state is as follows: WARRANTY DEED ________, grantor, of ________ county, of ________, for and in consideration of ________ dollars, grants, conveys and warrants to ________, grantee, of ________ P. O. the following described real estat…

Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives, (1) That he is lawfully seized of the p…

The standard form of quitclaim deeds in this state is as follows: QUITCLAIM DEED ________, grantor, of ________ county, state of ________, for and in consideration of ________ dollars, conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the followin…

Every such instrument, duly executed, shall be a conveyance to the grantee, his heirs, and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after - acquired title, unless words expressing such intention be added. Source:…

The provisions of §§ 43-25-5 to 43-25-8 , inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of warranty and quitclaim deeds. Source: RC 1919, § 543; SDC 1939, § 51.1403.

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.

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.…

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…

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 a…

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:…

If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is e…

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…

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.

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 a…

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…

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 transact…

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, c…

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,…

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 …

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. So…

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.

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.