43-25-23. Recording of proceedings authorizing sale or mortgage of real estate by unincorporated association.
A certified copy of the adopted resolution authorizing the sale or mortgage of any real estate, and the affidavit of the publication of notice of sale, all as provided for in §43-25-22, must be recorded at length by the register of deeds of the county in which the real property is situated and such records or certified copies of such records shall be prima facie evidence of the facts therein contained. Any proceedings taken and recorded before July 1, 1970, in the office of the register of deeds of the county in which the lands are situated which would have been a compliance with §§43-25-22 and 43-25-23 had the same been in effect as of the date of said recording are hereby declared to be valid.
Source: SL 1949, ch 25; SDC Supp 1960, §11.1305; SL 1970, ch 248, §2.
Structure South Dakota Codified Laws
Chapter 25 - Deeds And Conveyances
Section 43-25-1 - Requisites for transfer of certain estates.
Section 43-25-2 - Conveyance of interest in property by owner out of possession.
Section 43-25-3 - Conclusiveness of grant of estate in real property--Exception.
Section 43-25-4 - Words of inheritance or succession not required to transfer fee in real property.
Section 43-25-5 - Warranty deed--Standard form.
Section 43-25-6 - Implied covenants and warranties in deed.
Section 43-25-7 - Quitclaim deed--Standard form.
Section 43-25-8 - Right, title, and interest conveyed by quitclaim deed--After-acquired title.
Section 43-25-9 - Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.
Section 43-25-10 - Use of word "grant" in conveyance--Implied covenants, action to enforce.
Section 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.
Section 43-25-13 - Lineal and collateral warranties abolished--Exception.
Section 43-25-15 - Presumption as to passing of fee simple title--Exception.
Section 43-25-17 - Subsequently acquired title passes by operation of law.
Section 43-25-18 - Grant made on condition subsequent defeated by nonperformance of condition.
Section 43-25-18.2 - Commencement and prosecution of action--Limitation.
Section 43-25-18.4 - Title in fee simple free of conditions to purchaser of land.
Section 43-25-18.5 - Court authorized to place conditions on sale proceeds.
Section 43-25-18.6 - Inapplicability of provisions to severed mineral interests.
Section 43-25-19 - Encumbrances defined.
Section 43-25-25 - Grant not invalidated by absence of seal of grantor or his agent.
Section 43-25-28 - Attornments of tenants unnecessary to grants of rents, reversions, or remainders.
Section 43-25-29 - Title passed by transfer of land bounded by highway.
Section 43-25-30 - Easements passed by transfer of real property to which they are attached.
Section 43-25-31 - Conveyances by owner for life or for years.
Section 43-25-34 - Instrument other than will affecting estate in real property--Effect of fraud.
Section 43-25-36 - Rights of good faith purchaser or encumbrancer protected against fraud.