South Dakota Codified Laws
Chapter 28 - Recording Of Instruments
Section 43-28-17 - Priority of first recorded conveyance of real property--Conveyance defined.

43-28-17. Priority of first recorded conveyance of real property--Conveyance defined.
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 for a valuable consideration whose conveyance is first duly recorded. The term "conveyance" as used in this section, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to any real property may be affected, except wills and powers of attorney.

Source: CivC 1877, §§671, 672; CL 1887, §§3293, 3294; RCivC 1903, §§986, 987; RC 1919, §§592, 593; SDC 1939, §51.1620; SL 1941, ch 213.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 28 - Recording Of Instruments

Section 43-28-1 - Recording of instruments affecting real estate with register of deeds.

Section 43-28-2 - Instruments which may be recorded without acknowledgment or further proof.

Section 43-28-3 - Instruments recorded without acknowledgment or further proof--Use of certified copies as evidence.

Section 43-28-4 - Recording of affidavits, orders, appointments, minutes of meetings, and proceedings in bankruptcy to correct instruments affecting title to real property--Use as evidence.

Section 43-28-4.1 - Affidavits stating facts relating identity of a party recorded.

Section 43-28-5 - Presumption that execution of certificate attached to copy of instrument eligible for record was made by authorized officer.

Section 43-28-6 - Prior recording of instruments validated--Rights barred by no action.

Section 43-28-7 - Authorities without state have no jurisdiction of real property within state.

Section 43-28-8 - Instruments which must be acknowledged or proved before record--Certification.

Section 43-28-9 - Acknowledgment of instrument by married woman.

Section 43-28-10 - Recording of instrument proved and certified by handwriting.

Section 43-28-11 - Deposit of acknowledged or proved and certified instrument for record as recording--Endorsement of amount of fee.

Section 43-28-12 - Separate recording of absolute grants and mortgages.

Section 43-28-13 - Law governing execution, acknowledgment, proof, form, or record of conveyance made before 1939.

Section 43-28-14 - Validity of unrecorded instrument.

Section 43-28-15 - Constructive notice of execution of instrument affecting real property to purchasers or encumbrancers subsequent to recording.

Section 43-28-17 - Priority of first recorded conveyance of real property--Conveyance defined.

Section 43-28-18 - Recording of instrument containing power affecting real property--Instrument of revocation must be recorded in the same office.

Section 43-28-19 - Recitals as to marital status, homestead status, or identity of parties in instruments affecting title to real property--Evidentiary effect.

Section 43-28-20 - Record of death of person deceased twelve years or more as evidence of death and date of death--Requirements and effect of recording.

Section 43-28-21 - Mailing address of grantee required for recording real estate conveyance.

Section 43-28-22 - Real estate conveyance by fiduciary construed as made for purposes of administration--Time limit to enforce rights to property in trust, estate, or guardianship.

Section 43-28-23 - Format standards for real estate documents recorded with the register of deeds.

Section 43-28-24 - Definitions related to identity information.

Section 43-28-25 - Document preparers prohibited from including personally identifiable information.

Section 43-28-26 - Certain documents exempt.

Section 43-28-27 - Register of deeds to post notice.