7-9-1. Duty to keep records of instruments--Destruction of unneeded records.
The register of deeds shall keep full and true records in proper books, of all deeds, mortgages, and other instruments authorized by law to be recorded in the register of deeds' office, and records of all chattel mortgages, bills of sale, conditional sale contracts, and other instruments authorized by law to be filed in the register of deeds' office, if the person offering any of such instruments pays the fee required by law for recording or filing the same. Any document presented for recording with the register of deeds shall contain a typed, stamped, or printed legend stating the words, prepared by, followed by the name, address, and telephone number of the preparer. The following documents are exempt from this requirement:
(1)Documents dated prior to July 1, 1994;
(2)Documents prepared by the United States of America, this state, or any instrumentality, agency, or political subdivision of either; and
(3)Court certified documents.
The register of deeds may destroy those records that the state records destruction board, pursuant to §1-27-19, has declared to be of no further administrative, legal, fiscal, research, or historical value.
Source: SDC 1939, §12.0702; SL 1980, ch 54; SL 1994, ch 62; SL 1995, ch 39, §1; SL 1999, ch 32, §1.
Structure South Dakota Codified Laws
Chapter 09 - Register Of Deeds
Section 7-9-1 - Duty to keep records of instruments--Destruction of unneeded records.
Section 7-9-1.1 - Recording, filing, and indexing of records by microfilming or computerization.
Section 7-9-2 - Seal of office--Use on instruments.
Section 7-9-3 - Time of recording.
Section 7-9-4 - Special townsite deed record required.
Section 7-9-5 - Conveyances of platted land not accepted until plat recorded.
Section 7-9-7.1 - Report of information in recorded instruments.
Section 7-9-7.2 - Certificate of value--Form.
Section 7-9-7.3 - State exempt from filing certificate of value.
Section 7-9-8 - Numerical indexes of instruments affecting real property--Form.
Section 7-9-8.1 - Endorsement of date, time, and identifying number--Entry in indexes.
Section 7-9-9 - Alphabetical indexes of instruments affecting real property.
Section 7-9-10 - Monthly report to tax officials of real estate transfers.
Section 7-9-11 - Numbering and alphabetical index of instruments relating to personal property.
Section 7-9-12 - Form of personal property index.
Section 7-9-13 - Continued use of previously authorized register index.
Section 7-9-13.1 - Release of old age assistance liens.
Section 7-9-15 - Fees--Real estate documents to conform to format standards--Exception.
Section 7-9-15.1 - Immunity from personal liability for bad checks.
Section 7-9-16 - Reception record and fee book maintained by register--Entries in record.
Section 7-9-18 - Failure by register to collect, record, report or pay over fees as theft.
Section 7-9-19 - Refusal to record.
Section 7-9-20 - Court action for refusal to record.
Section 7-9-21 - Liability of register for refusal to record.
Section 7-9-22 - Suspicion of counterfeit recorded documents--Notice.
Section 7-9-24 - Electronic preservation of documents.
Section 7-9-25 - County register of deeds modernization and preservation relief fund.