South Dakota Codified Laws
Chapter 30 - Marketable Title To Real Estate
Section 43-30-3 - Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.

43-30-3. Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.
Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty-two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interest, claims, and charges affecting such interest in real property shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty-three years from the date of recording of deed of conveyance under which title is claimed, or on or before July 1, 1958, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend his time for filing such claim after the expiration of twenty-three years from the recording of such deed of conveyance or one year after July 1, 1957, whichever event is the latest in point of time.

Source: SL 1947, ch 233, §3; SL 1951, ch 256, §3; SL 1957, ch 266, §3; SDC Supp 1960, §51.16B03.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 30 - Marketable Title To Real Estate

Section 43-30-1 - Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.

Section 43-30-2 - Definitions--Unbroken chain of title to an interest in land--Title transaction.

Section 43-30-3 - Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.

Section 43-30-4 - Filing of notice of claim of interest--Persons authorized to file.

Section 43-30-5 - Notice of claim of interest--Filing for record.

Section 43-30-6 - Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.

Section 43-30-7 - Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.

Section 43-30-8 - Record of affidavit of possession--Evidence of facts stated.

Section 43-30-8.2 - Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.

Section 43-30-9 - Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.

Section 43-30-10 - Purpose of chapter--Construction.

Section 43-30-11 - Claims barred by chapter--Definition.

Section 43-30-12 - Exceptions to application of chapter.

Section 43-30-13 - Right, title, or interest of state or United States unaffected by chapter.

Section 43-30-14 - Right, title, or interest in land owned by public utility unaffected by chapter.

Section 43-30-15 - Existing statutes of limitations and recording statutes not affected by chapter.

Section 43-30-16 - Railroad property conveyances to or by state exempt from plat requirements--Filing map.

Section 43-30-17 - Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc.

Appendix A - Appendix