43-28-1. Recording of instruments affecting real estate with register of deeds. Any instrument affecting the title to or possession of real property may be recorded as by law provided. Instruments entitled to be recorded must be recorded by the register of deeds of the county in which the real property affected thereby is situated. Source: […]
43-28-10. Recording of instrument proved and certified by handwriting. An instrument proved and certified pursuant to §§18-4-19 and 18-4-20 may be recorded in the proper office, if the original is at the same time deposited therein, to remain for public inspection, but not otherwise. Source: CivC 1877, §649; CL 1887, §3270; RCivC 1903, §963; RC […]
43-28-11. Deposit of acknowledged or proved and certified instrument for record as recording–Endorsement of amount of fee. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the register’s office with the proper officer for record. The register must in all cases endorse the amount of […]
43-28-12. Separate recording of absolute grants and mortgages. Grants, absolute in terms, are to be recorded in one set of books and mortgages in another. Source: CivC 1877, §652; CL 1887, §3274; RCivC 1903, §967; RC 1919, §574; SDC 1939, §51.1601.
43-28-13. Law governing execution, acknowledgment, proof, form, or record of conveyance made before 1939. The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and […]
43-28-14. Validity of unrecorded instrument. An unrecorded instrument is valid as between the parties thereto and those who have notice thereof. Source: CivC 1877, §675; CL 1887, §3297; RCivC 1903, §990; RC 1919, §596; SDC 1939, §51.1622.
43-28-15. Constructive notice of execution of instrument affecting real property to purchasers or encumbrancers subsequent to recording. The recording and deposit of an instrument, proved and certified according to the provisions of §§18-4-17 to 18-4-20, inclusive, and §§43-28-8 and 43-28-10, are constructive notice of the execution of such instrument to all purchasers or encumbrancers subsequent […]
43-28-17. Priority of first recorded conveyance of real property–Conveyance defined. Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in […]
43-28-18. Recording of instrument containing power affecting real property–Instrument of revocation must be recorded in the same office. No instrument containing a power to convey or execute instruments affecting real property, which has been recorded, is revoked by any act of the party by whom it was executed unless the instrument containing such revocation is […]
43-28-19. Recitals as to marital status, homestead status, or identity of parties in instruments affecting title to real property–Evidentiary effect. Recitals as to the marital status of parties to the instrument, or as to the homestead status of the property, or as to the identity of parties named in instruments in the chain of title, […]
43-28-2. Instruments which may be recorded without acknowledgment or further proof. The following instruments may be recorded without acknowledgment or further proof: (1)Judgments affecting the title to or possession of real property, authenticated by the certificate of the clerk of the court in which such judgments were rendered; (2)Patents to real estate from the United […]
43-28-20. Record of death of person deceased twelve years or more as evidence of death and date of death–Requirements and effect of recording. In all cases in which any person has been deceased for twelve years or more, a copy of the record of the death of such decedent, duly certified by any officer who […]
43-28-21. Mailing address of grantee required for recording real estate conveyance. Every grantee who has a real estate conveyance recorded shall, at the time such conveyance is presented for recording, provide the register of deeds with his current legal mailing address. Source: SL 1982, ch 298, §1.
43-28-22. Real estate conveyance by fiduciary construed as made for purposes of administration–Time limit to enforce rights to property in trust, estate, or guardianship. All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such […]
43-28-23. Format standards for real estate documents recorded with the register of deeds. Any real estate document recorded with the register of deeds, except for plats, shall: (1)Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may […]
43-28-24. Definitions related to identity information. Terms used in §§43-28-25 to 43-28-28, inclusive, mean: (1)”Personally identifiable information,” any information that includes one or more of the following specific unique identifiers when combined with an individual’s name: (a)A social security number. This term does not, however, include the last four digits of a social security number; […]
43-28-25. Document preparers prohibited from including personally identifiable information. The preparer of a document or instrument may not include an individual’s personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds. This section does not apply to any document or instrument […]
43-28-26. Certain documents exempt. The provisions of §§43-28-24 to 43-28-28, inclusive do not apply to a state or federal tax lien or release relating to a state or federal tax lien, a military separation or discharge record, a uniform commercial code filing in the county office of the register of deeds, or any governmental certified […]
43-28-27. Register of deeds to post notice. The register of deeds shall post a notice in the county office of the register of deeds and on any website provided by the register of deeds. The notice shall include the information provided in §§43-28-24 to 43-28-26, inclusive. Source: SL 2010, ch 214, §5.
43-28-3. Instruments recorded without acknowledgment or further proof–Use of certified copies as evidence. Copies of the records of such patents to real estate, final certificates, patents, contracts of sale of the State of South Dakota, and certificates of discharge of veterans and persons in the military service of the United States as specified in §43-28-2 […]
