43-25-24. Conveyances by unincorporated association prior to 1979 validated--Presumption as to legal capacity--Vested rights protected.
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 directing such conveyance, or the giving of notice of the proposed action thereon, by the said association, its trustees, officers, or members, as provided in §43-25-22, validated, legalized, and cured to the extent that such conveyances shall operate to convey to the persons named as grantees therein, all the right, title, and interest of any of said associations, whether such conveyances purport to have been executed by the members, officers, trustees, agents, or directors thereof; provided, however, that nothing appears of record subsequent to any such conveyances purporting to divest such persons, or their immediate or remote grantees, of such purported interest.
In order to effectuate the purposes of the foregoing provisions, it shall be conclusively presumed that all such associations had legal capacity to own such real estate and had the legal right to convey the same.
If any person had any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun prior to July 1, 1993, such right shall be forever barred; and no action or proceeding so brought shall be of any force or effect or maintainable in any court of this state unless, prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source: SL 1959, ch 462; SDC Supp 1960, §65.0342; SL 1963, ch 463; SL 1969, ch 289; SL 1980, ch 295; SL 1992, ch 307, §54.
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.