Title 43 — PROPERTY

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.

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…

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…

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…

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…

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…

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…

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: …

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 …

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…

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;…

Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land by himself and his immediate or remote grantors for a period of twenty - two years or longer, and is in possession of such land, shall be deemed to have a ma…

This chapter shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period twenty - three years prior to the d…

The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is, or has been within or without the state, and whether such person is natural o…

This chapter shall not be applied to bar the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required, the rights of any remainderman upon the expiration of any life est…

This chapter shall not be deemed to affect the right, title, or interest of the State of South Dakota, or the United States in any lands in South Dakota. Source: SL 1947, ch 233 , § 10; SL 1951, ch 256 , § 10; SL 1957, ch 266 , § 5; SDC Supp 1960, § 51.16B10.

This chapter shall not apply to the right, title, or interest in any land owned by any railroad or other public utility corporation or any lessee, trustee, or receiver thereof; nor shall it apply to claims, liens, titles, or rights of action founded upon mortgages or trust deeds …

Nothing contained in this chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or the failure to record a…

Conveyances of railroad property to or by the South Dakota railroad authority, the state or any of its subdivisions, including the conveyance of railroad rights - of - way, or any portion thereof, which are described by individual or cumulative metes and bounds descriptions or wh…

Any conveyance of property to or by South Dakota or any of its political subdivisions obtained from the United States of America, acting by and through the secretary of the Army, pursuant to and under authority of title VI of the Water Resources Development Act of 1999 (Public La…

A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in this chapter if the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty-two yea…

Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty …

The notice mentioned in § 43-30-3 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is, under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be e…

The claim referred to in §§ 43-30-3 and 43-30-4 shall be filed in each county where the claimed land or any part thereof is situate and must set forth the legal description of the land affected by such claim together with a statement of the nature of the claim, charge, or interes…

The register of deeds of each county shall accept all such notices which describe land located within the county which he serves and shall enter and record, and index such notices in the same manner as notices of lis pendens. Source: SL 1947, ch 233 , § 6; SL 1951, ch 256 , § 6; …

For the purpose of this chapter, the fact of possession of real property referred to in § 43-30-1 may be shown of record by one or more affidavits containing the legal description of the real property referred to and show that the record titleholder is upon the date thereof in po…

When an affidavit has been filed and recorded as provided in § 43-30-7 , the record thereof, or the record of a duly certified copy thereof, shall be prima facie evidence of the facts therein stated, for the purposes of this chapter. Source: SL 1947, ch 233 , § 8; SL 1951, ch 256…

Notwithstanding the provisions of § 43-30-12 , an affidavit filed pursuant to § 43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the appropriate r…

No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for the purpose only of slandering title to…

In this chapter, unless context otherwise requires, the term, "mineral interest," includes any interest in oil, gas, coal, clay, gravel, uranium, and all other minerals of any kind and nature, whether created by grant, assignment, exception, reservation, or otherwise, owned by a …

The enactment of this chapter shall not be construed as creating any right to water or the use thereof nor as affecting any existing legislation with respect to water or water rights, except as expressly may be provided herein, nor shall anything herein contained affect or be con…

A mineral interest is abandoned if it has not been used for a period of twenty-three years or more. Title to an abandoned mineral interest vests in the owner of the surface estate in the land in, or under, which the mineral interest is located on the date of abandonment. Source: …

A mineral interest is used if: (1) Minerals are produced by or with the express permission of the record owner of the mineral interest; (2) Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the …

A statement of claim shall: (1) Be recorded for the record owner of the mineral interest prior to the end of the twenty-three-year period set forth in §

Failure to record the statement of claim within the time period provided in § 43-30A-4 does not cause a mineral interest to be abandoned if the record owner of the mineral interest records a statement of claim pursuant to § 43-30A-4 within sixty days after completion of the publi…

In order to succeed to the ownership of an abandoned mineral interest, a surface owner shall give notice of the lapse of the mineral interest by publication. The publication shall be made once each week for three weeks in the official newspaper of the county in which the mineral …

The provisions of this chapter may not be waived until the expiration of the twenty - three - year period provided in §

This chapter does not apply to any mineral interest owned by any governmental body or agency thereof. Source: SL 1985, ch 338 , § 8.