South Dakota Codified Laws
Chapter 29 - Title Defects Cured By Lapse Of Time
Section 43-29-3 - Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.

43-29-3. Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.
Every certificate of acknowledgment of the execution of any deed, mortgage, or other instrument affecting the title to real property, shall be presumed to have been made by the identical officer described therein acting pursuant to lawful authority and the legal sufficiency of the acknowledgment shall not be subject to attack after the expiration of ten years from and after the date of filing of such deed, mortgage, or other instruments for recording.

Source: SL 1943, ch 175, §3; SDC Supp 1960, §51.1626 (3).

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 29 - Title Defects Cured By Lapse Of Time

Section 43-29-1 - Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing.

Section 43-29-2 - Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure.

Section 43-29-3 - Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing.

Section 43-29-4 - Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions.

Section 43-29-5 - Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken.

Section 43-29-6 - Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions.

Section 43-29-7 - Defect or omission in record respecting title to real estate existing for more than ten years--Correction unnecessary in order to make title marketable.

Section 43-29-8 - Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable.

Section 43-29-9 - "Record" as used in marketable title provisions construed.

Section 43-29-10 - Municipal lot platted more than twenty years--Judgment or decree prior to platting--Abstract of title not required to show proceedings supporting judgment or decree.