43-28-6. Prior recording of instruments validated--Rights barred by no action.
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 amendment of §43-28-4 as of January 1, 1992, is hereby legalized and shall have the same force and effect as if it had been recorded after the later amendment of §43-28-4.
If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property 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 chapter 15-10.
Source: SL 1949, ch 208, §3; SDC Supp 1960, §65.0328; SL 1992, ch 307, §55.
Structure South Dakota Codified Laws
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 43-28-4.1 - Affidavits stating facts relating identity of a party recorded.
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 43-28-12 - Separate recording of absolute grants and mortgages.
Section 43-28-14 - Validity of unrecorded instrument.
Section 43-28-17 - Priority of first recorded conveyance of real property--Conveyance defined.
Section 43-28-21 - Mailing address of grantee required for recording real estate conveyance.
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.