43-4-56. Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.
An affidavit stating the facts enumerated under §43-4-57 shall be recorded in the office of the register of deeds in the county in which the real property is situated prior to or simultaneously with a conveyance pursuant to §43-4-55 of real property unburdened by a private transfer fee obligation. An affidavit filed under this section shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of such real property at the time of the signing of such affidavit, a reference to the instrument of record containing the private transfer fee obligation, and an acknowledgment that the affiant is testifying under penalty of perjury.
Source: SL 2011, ch 196, §11.
Structure South Dakota Codified Laws
Chapter 04 - Transfer Of Property
Section 43-4-1 - Transfer of property defined.
Section 43-4-3 - Property not subject to transfer.
Section 43-4-4 - Voluntary transfer of property defined.
Section 43-4-5 - Transfer without writing where not required by statute.
Section 43-4-6 - Transfer in writing a grant.
Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.
Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.
Section 43-4-9 - Constructive delivery of grant--Agreement of parties.
Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.
Section 43-4-11 - Escrow delivery of grant.
Section 43-4-12 - Redelivery of grant does not transfer title.
Section 43-4-13 - Grant interpreted as contract.
Section 43-4-14 - Construction of grant--Limitations--Operative words.
Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.
Section 43-4-16 - Grantee favored in interpretation of grant--Exception.
Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.
Section 43-4-20 - Definition of terms.
Section 43-4-21 - Imposition and amount of real estate transfer fee.
Section 43-4-22 - Exemptions from real estate transfer fee.
Section 43-4-23 - Exempt transfers to be marked.
Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.
Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.
Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.
Section 43-4-39 - Terminating written offer made prior to disclosure statement.
Section 43-4-40 - Liability for defect disclosed in statement.
Section 43-4-41 - Good faith disclosure required.
Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.
Section 43-4-43 - Application of disclosure statement requirements.
Section 43-4-44 - Property condition disclosure statement.
Section 43-4-46 - Transfer defined.
Section 43-4-47 - Private transfer fee defined.
Section 43-4-48 - Private transfer fee obligation defined.
Section 43-4-51 - Disclosure of private transfer fee obligations.
Section 43-4-53 - Amendment to notice of transfer fee.
Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.
Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.