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Section 1-01 - Tribal lands. - 1-01.Tribal lands. Any transaction affecting Indian trust land is subject...
Section 2-01 - Contracts for deed--deed to vendee. - 2-01.Contracts for deed--deed to vendee. Where there is a contract...
Section 2-02 - Contract for deed--merger. - 2-02.Contract for deed--merger. A deed executed in pursuance of a...
Section 2-03 - Contract for deed--conveyances of interests. - 2-03.Contract for deed--conveyances of interests. The vendor and vendee under...
Section 2-04 - Contract for deed--transfers by vendor. - 2-04.Contract for deed--transfers by vendor. A transfer by a vendor...
Section 2-05 - Contract for deed--vendee's interest. - 2-05.Contract for deed--vendee's interest. A vendee's interest in the real...
Section 2-06 - Contract for deed--effect on joint tenancy. - 2-06.Contract for deed--effect on joint tenancy. A contract for deed...
Section 2-07 - Contract for deed--cancellation. - 2-07.Contract for deed--cancellation. When the record shows that a contract...
Section 2-08 - Contract for deed--deeds held in escrow. - 2-08.Contract for deed--deeds held in escrow. A deed in performance...
Section 3-01 - Agricultural/commercial leases. - 3-01.Agricultural/commercial leases. No lease of agricultural land for longer period...
Section 3-02 - Leases--notice of renewal. - 3-02.Leases--notice of renewal. In the absence of notice of renewal...
Section 4-01 - Effect of judgment on joint tenancy property. - 4-01.Effect of judgment on joint tenancy property. The mere docketing...
Section 4-02 - Conveyances to two or more individuals--inclusion of business name. - 4-02.Conveyances to two or more individuals--inclusion of business name. Property...
Section 4-03 - Homestead rights--effect of partnership on. - 4-03.Homestead rights--effect of partnership on. Homestead rights do not attach...
Section 4-04 - Conveyances by partnership. - 4-04.Conveyances by partnership. A conveyance of property held in the...
Section 4-05 - Conveyances to and by partners. - 4-05.Conveyances to and by partners. Any estate in real property...
Section 4-06 - Conveyances by partnership--when proof of authority not required. - 4-06.Conveyances by partnership--when proof of authority not required. In the...
Section 4-07 - Conveyances of partnership interest after death of partner. - 4-07.Conveyances of partnership interest after death of partner. After the...
Section 4-08 - Partnership--effect of dissolution or cessation of business. - 4-08.Partnership--effect of dissolution or cessation of business. Absent a winding...
Section 4-09 - Partnership--effect of judgments. - 4-09.Partnership--effect of judgments. A judgment against a partner does not...
Section 4-10 - Deed divests present title of all grantors. - 4-10.Deed divests present title of all grantors. A deed in...
Section 4-11 - Partnership--duration presumed. - 4-11.Partnership--duration presumed. A title examiner may presume that a partnership...
Section 5-01 - Affidavit of marital status. - 5-01.Affidavit of marital status. Recitals as to the marital status...
Section 5-02 - Indication of marital status. - 5-02.Indication of marital status. A recital in the body of...
Section 5-03 - Recitation of marital status. - 5-03.Recitation of marital status. If a deed fails to recite...
Section 5-04 - Failure to include marital status. - 5-04.Failure to include marital status. If the description of the...
Section 5-05 - Recitals of record. - 5-05.Recitals of record. Employment of factual recitals in conveyance is...
Section 5-06 - Execution by spouse under power of attorney. - 5-06.Execution by spouse under power of attorney. A conveyance of...
Section 5-07 - Deed of homestead. - 5-07.Deed of homestead. A conveyance or encumbrance of a homestead...
Section 5-08 - Rule of idem sonans. - 5-08.Rule of idem sonans. Differently spelled names are presumed to...
Section 5-09 - Use or nonuse of middle names or initials. - 5-09.Use or nonuse of middle names or initials. The use...
Section 5-10 - Abbreviations. - 5-10.Abbreviations. All customary and generally accepted abbreviations of first and...
Section 5-11 - Name variations. - 5-11.Name variations. Name variations from that of the record owner...
Section 5-12 - Effect of prefix, suffix and descriptio personae. - 5-12.Effect of prefix, suffix and descriptio personae. Prefixes such as...
Section 5-13 - Statement indicating identity. - 5-13.Statement indicating identity. A recital such as "formerly known as"...
Section 5-14 - Variance in name of grantors. - 5-14.Variance in name of grantors. If the grantees in one...
Section 5-15 - Variance between signature or body of deed and acknowledgment. - 5-15.Variance between signature or body of deed and acknowledgment. Where...
Section 5-16 - Deceased persons. - 5-16.Deceased persons. A conveyance to a person who is deceased...
Section 5-17 - Conveyance--fictitious persons. - 5-17.Conveyance--fictitious persons. A conveyance is invalid if the named grantee...
Section 5-18 - Powers of attorney. - 5-18.Powers of attorney. A conveyance or encumbrance executed by an...
Section 5-19 - Durable power of attorney. - 5-19.Durable power of attorney. A durable power of attorney, which...
Section 5-20 - Grant of power of attorney. - 5-20.Grant of power of attorney. A power of attorney or...
Section 5-21 - Recording power of attorney. - 5-21.Recording power of attorney. For any deed or conveyance signed...
Section 5-22 - Conveyances under authority of power of attorney. - 5-22.Conveyances under authority of power of attorney. A general authority...
Section 5-23 - Designation of "trustee". - 5-23.Designation of "trustee". When the name of a party to...
Section 5-24 - Trust conveyances--curative statute. - 5-24.Trust conveyances--curative statute. A curative statute validates transfers made to...
Section 5-25 - Property in trust. - 5-25.Property in trust. Real property acquired in the name of...
Section 5-26 - Discrepancy in corporate name. - 5-26.Discrepancy in corporate name. The alternate use of "Co." for...
Section 5-27 - Corporate deed. - 5-27.Corporate deed. The corporate seal or corporate acknowledgment of any...
Section 5-28 - Corporate existence. - 5-28.Corporate existence. When an instrument of a private corporation appears...
Section 5-29 - Ultra vires not assumed. - 5-29.Ultra vires not assumed. Where an instrument of a domestic...
Section 5-30 - Corporate acknowledgments. - 5-30.Corporate acknowledgments. A corporate acknowledgment should not be considered void...
Section 5-31 - Conveyances to or from unincorporated associations. - 5-31.Conveyances to or from unincorporated associations. Prior to January 1,...
Section 5-32 - Authority of unincorporated associations. - 5-32.Authority of unincorporated associations. An unincorporated religious, benevolent, fraternal, charitable...
Section 5-33 - Conveyance--limited liability company, authority presumed. - 5-33.Conveyance--limited liability company, authority presumed. Any instrument duly executed and...
Section 5-34 - Execution--corporate or limited liability company. - 5-34.Execution--corporate or limited liability company. A title examiner may presume...
Section 5-35 - Political subdivisions--no specific standard. - 5-35.Political subdivisions--no specific standard.
Section 6-01 - Delivery, delay in recordation. - 6-01.Delivery, delay in recordation. Delivery of an instrument, acknowledged and...
Section 6-02 - Date of acknowledgment. - 6-02.Date of acknowledgment. A title examiner may disregard the absence...
Section 6-03 - Notary act presumed valid. - 6-03.Notary act presumed valid. A title examiner may presume that...
Section 6-04 - Expired notary. - 6-04.Expired notary. Where the record of an instrument shows a...
Section 6-05 - Notary seal. - 6-05.Notary seal. All certificates of acknowledgment by notaries public on...
Section 6-06 - Lis pendens--effect of judgment. - 6-06.Lis pendens--effect of judgment. The entry of judgment in an...
Section 6-07 - Statute of limitations--lis pendens. - 6-07.Statute of limitations--lis pendens. A title examiner may disregard a...
Section 7-01 - Signatures by mark. - 7-01.Signatures by mark. A title examiner should not object to...
Section 7-02 - Alternative grantees. - 7-02.Alternative grantees. A conveyance to grantees in the alternative renders...
Section 7-03 - Strangers to title. - 7-03.Strangers to title. An instrument executed by a person who...
Section 7-04 - Quit claim--after acquired title. - 7-04.Quit claim--after acquired title. A quit claim deed does not...
Section 7-05 - Deeds--after acquired title. - 7-05.Deeds--after acquired title. A warranty deed, limited warranty deed or...
Section 7-06 - Marketable title acts. - 7-06.Marketable title acts. Chapter 233 Laws for 1947 Chapter 256...
Section 7-07 - Affidavit of possession to be recorded--affiant. - 7-07.Affidavit of possession to be recorded--affiant. In the event the...
Section 7-08 - Affidavit of possession as basis for creating marketable title under tax deed. - 7-08.Affidavit of possession as basis for creating marketable title under...
Section 7-09 - Use of affidavits. - 7-09.Use of affidavits. A title examiner may rely upon affidavits...
Section 7-10 - Corrective instruments. - 7-10.Corrective instruments. A grantor who has conveyed by an effective,...
Section 7-11 - Instruments which are altered and re-recorded. - 7-11.Instruments which are altered and re-recorded. The act of re-recording...
Section 7-12 - Conveyances--farm credit--right of first refusal. - 7-12.Conveyances--farm credit--right of first refusal. Agricultural real estate that is...
Section 8-01 - Ownership of water. - 8-01.Ownership of water. All waters within the limits of the...
Section 8-02 - Accretion, reliction, erosion and avulsion. - 8-02.Accretion, reliction, erosion and avulsion. The effects of accretion, reliction,...
Section 8-03 - High-water mark boundaries. - 8-03.High-water mark boundaries. The public has a right to use...
Section 8-04 - Road and street as boundaries. - 8-04.Road and street as boundaries. An adjacent owner is presumed...
Section 8-05 - Vacated highway, street, alley or public right of way. - 8-05.Vacated highway, street, alley or public right of way. A...
Section 8-06 - Conveyances to state for highway purposes. - 8-06.Conveyances to state for highway purposes. In transfers to the...
Section 8-07 - Dedication of streets, etc. - 8-07.Dedication of streets, etc. Title is not made unmarketable if...
Section 8-08 - Consult SD Mineral Title Standards. - 8-08.Consult SD Mineral Title Standards. A title examiner should consult...
Section 8-09 - Mineral ownership--notation. - 8-09.Mineral ownership--notation. A title examiner need not refer to the...
Section 8-10 - Severance of minerals--notation. - 8-10.Severance of minerals--notation. A title examiner need not note the...
Section 8-11 - Conveyances of royalties and minerals. - 8-11.Conveyances of royalties and minerals. In conveyances affecting mineral estates...
Section 8-12 - Oil and gas leases--contingent future interests. - 8-12.Oil and gas leases--contingent future interests. Where an oil and...
Section 8-13 - Leases--oil--gas. - 8-13.Leases--oil--gas. Prior to July 1, 1995, where the mineral owner...
Section 9-01 - Easements as encumbrances. - 9-01.Easements as encumbrances. Easements, including those reflected on plats, servitudes...
Section 9-02 - Rights-of-way as encumbrances. - 9-02.Rights-of-way as encumbrances. A covenant of warranty should not be...
Section 9-03 - Conveyances--effect of reservations or exceptions. - 9-03.Conveyances--effect of reservations or exceptions. A deed referring to a...
Section 9-04 - Railroads. - 9-04.Railroads. When determining the status of title for lands that...
Section 9-05 - Wind energy easements. - 9-05.Wind energy easements. A property owner may grant a wind...
Section 9-06 - Wind energy rights--limitation on severance. - 9-06.Wind energy rights--limitation on severance. No interest associated with the...
Section 10-01 - Covenants, conditions and restrictions defined. - 10-01.Covenants, conditions and restrictions defined. The term "covenants, conditions and...
Section 10-02 - Covenants, conditions & restrictions are generally deemed to run with the land. - 10-02.Covenants, conditions & restrictions are generally deemed to run with...
Section 10-03 - General plan restrictions--subdivision of tracts. - 10-03.General plan restrictions--subdivision of tracts. Uniform restrictions as to the...
Section 10-04 - Revocation of declaration or contract--execution by successor in interest. - 10-04.Revocation of declaration or contract--execution by successor in interest. In...
Section 10-05 - Expiration of covenants, conditions and restrictions. - 10-05.Expiration of covenants, conditions and restrictions. Declarations authorized by SDCL...
Section 10-06 - Validity of restrictions. - 10-06.Validity of restrictions. A title examiner need not determine the...
Section 10-07 - Restrictions in derogation of existing law. - 10-07.Restrictions in derogation of existing law. Covenants, conditions or restrictions...
Section 11-01 - Medical assistance lien. - 11-01.Medical assistance lien. A medical assistance lien created under SDCL...
Section 11-02 - Child support liens. - 11-02.Child support liens. The Department of Social Services may impose...
Section 11-03 - Tax lien--county. - 11-03.Tax lien--county. A county poor lien becomes a lien against...
Section 11-04 - Poor relief lien. - 11-04.Poor relief lien. Any lien established under SDCL 24-14 with...
Section 11-05 - Claims under federal laws. - 11-05.Claims under federal laws. A title examiner need not mention...
Section 11-06 - Tax Lien--State or Federal. - 11-06.Tax Lien--State or Federal. A federal or state tax lien...
Section 12-01 - Judgments--lapse. - 12-01.Judgments--lapse. A title examiner may ignore a judgment after ten...
Section 12-02 - Divorce--judgment affecting defendant's title. - 12-02.Divorce--judgment affecting defendant's title. A divorce judgment which states that...
Section 12-03 - Divorce--sufficiency of judgment. - 12-03.Divorce--sufficiency of judgment. A divorce judgment vesting in the plaintiff...
Section 12-04 - Notice of levy. - 12-04.Notice of levy. A notice of levy, when properly recorded...
Section 12-05 - Real property abandoned by bankruptcy trustee. - 12-05.Real property abandoned by bankruptcy trustee. The marketability of title...
Section 12-06 - Real property claimed as exempt by debtor. - 12-06.Real property claimed as exempt by debtor. The marketability of...
Section 12-07 - Real property sold free and clear of any interest in course of bankruptcy proceedings. - 12-07.Real property sold free and clear of any interest in...
Section 12-08 - Bankruptcy lien avoidance. - 12-08.Bankruptcy lien avoidance. A lien may be deemed to have...
Section 12-09 - Bankruptcy discharge. - 12-09.Bankruptcy discharge. A discharge operates to extinguish the personal liability...
Section 13-01 - Mechanic's lien. - 13-01.Mechanic's lien. A mechanic's lien may be disregarded after lapse...
Section 13-02 - Mechanic and materialmen's lien. - 13-02.Mechanic and materialmen's lien. The filing of a Notice of...
Section 14-01 - Mortgages. - 14-01.Mortgages. Whenever a conveyance shows affirmatively that it was given...
Section 14-02 - Reference to nonrecorded mortgage. - 14-02.Reference to nonrecorded mortgage. When a deed filed for record...
Section 14-03 - Mortgages--release or assignment. - 14-03.Mortgages--release or assignment. Where a mortgage has been re-recorded and...
Section 14-04 - Mortgages--statute of limitations. - 14-04.Mortgages--statute of limitations. A mortgage past due more than fifteen...
Section 14-05 - Satisfaction by one of plural mortgagees. - 14-05.Satisfaction by one of plural mortgagees. Where a mortgage is...
Section 14-06 - Release of mortgage by other than mortgagee. - 14-06.Release of mortgage by other than mortgagee. A title examiner...
Section 14-07 - Release--assignment of rents. - 14-07.Release--assignment of rents. A title examiner shall require a release...
Section 14-08 - Defect in satisfaction of mortgage. - 14-08.Defect in satisfaction of mortgage. A satisfaction of a mortgage...
Section 14-09 - Deeds--unsatisfied mortgage. - 14-09.Deeds--unsatisfied mortgage. A deed from the record holder of an...
Section 14-10 - Mortgage--merger of title. - 14-10.Mortgage--merger of title. If the holder of a mortgage acquires...
Section 14-11 - Foreclosure of mortgage by action. - 14-11.Foreclosure of mortgage by action. The instruments required to be...
Section 14-12 - Foreclosure by advertisement. - 14-12.Foreclosure by advertisement. The instruments required to be recorded to...
Section 15-01 - Probate--chain of title. - 15-01.Probate--chain of title. Prior to July 1, 1995, a certified...
Section 15-02 - Executor's deed. - 15-02.Executor's deed. For conveyances out of an estate prior to...
Section 15-03 - Conveyances made under probate. - 15-03.Conveyances made under probate. For conveyances under the Uniform Probate...
Section 15-04 - Chain of title--probate. - 15-04.Chain of title--probate. A title examiner examining a title for...
Section 15-05 - Authority of personal representative. - 15-05.Authority of personal representative. Upon the death of a person,...
Section 15-06 - Deed of distribution. - 15-06.Deed of distribution. A deed of distribution is evidence of...
Section 15-07 - Delayed probate. - 15-07.Delayed probate. If a probate has not been commenced within...
Section 15-08 - South Dakota inheritance tax liens. - 15-08.South Dakota inheritance tax liens. The South Dakota inheritance tax...
Section 15-09 - Termination of life tenant. - 15-09.Termination of life tenant. To establish termination of a life...
Section 15-10 - Probate--existence of federal lien. - 15-10.Probate--existence of federal lien. No objection shall be made to...
Section 15-11 - Authority of successor fiduciary. - 15-11.Authority of successor fiduciary. A successor personal representative or successor...
Section 15-12 - Term of authority for fiduciary. - 15-12.Term of authority for fiduciary. The authority of a personal...
Section 15-13 - Acts authorized by personal representative or conservator. - 15-13.Acts authorized by personal representative or conservator. No order confirming...
Section 15-14 - Guardian's deeds. - 15-14.Guardian's deeds. For conveyances from a guardian prior to July...
Section 15-15 - Conservator's deeds. - 15-15.Conservator's deeds. For conveyances from a conservator on or after...
Section 15-16 - Authority of conservator. - 15-16.Authority of conservator. A certified copy of proof of authority...
Section 15-17 - Foreign personal representative. - 15-17.Foreign personal representative. A foreign personal representative must be appointed...
Section 15-18 - Guardian and conservator. - 15-18.Guardian and conservator. The fact that an individual or entity...
Section 16-01 - Omission and inconsistency of dates. - 16-01.Omission and inconsistency of dates. The fact that an instrument...
Section 16-02 - Effect of curative acts. - 16-02.Effect of curative acts. An act, curative of matters of...
Section 16-03 - Contents of affidavit--interest of maker. - 16-03.Contents of affidavit--interest of maker. An affidavit may be used...
Section 16-04 - Condominiums. - 16-04.Condominiums. A condominium project is established whenever the developers or...
Section 19-01 - Metes and bounds. - 19-01.Metes and bounds. When any owner of a government subdivision...
Section 19-02 - Legal description from survey or plat. - 19-02.Legal description from survey or plat. A legal description is...
Section 19-03 - Platting. - 19-03.Platting. Any subdivision of land containing two or more lots...
Section 19-04 - Plats, designation or variations in name. - 19-04.Plats, designation or variations in name. Although a plat should...
Section 19-05 - Plats, effect of joinders in. - 19-05.Plats, effect of joinders in. A conveyance from the record...
Section 19-06 - Plats, vacation before lots sold. - 19-06.Plats, vacation before lots sold. The recording of an instrument...
Section 19-07 - Plats, vacation after lots sold. - 19-07.Plats, vacation after lots sold. The vacation of all or...
Section 19-08 - Discrepancy in survey. - 19-08.Discrepancy in survey. Title shall not be considered unmarketable because...
Section 19-09 - Plats, effect of replat. - 19-09.Plats, effect of replat. The replat of a platted subdivision...
Section 23-01 - Marketable record title--statute of limitations. - 23-01.Marketable record title--statute of limitations. No title shall be considered...
Section 23-02 - Title by patent. - 23-02.Title by patent. The chain of title must be based...
Section 23-03 - Validity of patent. - 23-03.Validity of patent. A title examiner may not assume the...
Section 23-04 - Affidavit--lending institution. - 23-04.Affidavit--lending institution. A title examiner may rely on a recitation...
Section 26-01 - Tax title. - 26-01.Tax title. Neither a tax deed issued pursuant to any...
Section 26-02 - Effect of tax deed. - 26-02.Effect of tax deed. A valid tax deed clothes the...