South Dakota Codified Laws
Chapter 28 - Recording Of Instruments
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.

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.
All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such conveyances shall be treated as if the conveyances had been made to, or by, the fiduciary for purposes of administration.
If any person is construed to retain any right in property due to the fact that the person's conveyance was to a trust, estate, or guardianship, and if no action or proceeding to enforce such right was commenced prior to July 1, 2003, such right shall be forever barred. No action or proceeding so brought involving real property is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 2003, a notice of the pendency of such action was recorded in the office of the register of deeds of the county where the property is located, in accordance with chapter 15-10.

Source: SL 1991, ch 363, §2; SL 2002, ch 100, §14.

Structure South Dakota Codified Laws