APPENDIX TO CHAPTER 43-30 STATE BAR OF SOUTH DAKOTA 2022 TITLE STANDARDS Introduction Citation Section A-01. Examining attorney’s attitude. A-02. Abstracter’s certificate, liability on. A-03. Recertification. 1-01. Tribal lands. 2-01. Contracts for deed–deed to vendee. 2-02. Contract for deed–merger. 2-03. Contract for deed–conveyances of interests. 2-04. Contract for deed–transfers by vendor. 2-05. Contract for deed–vendee’s […]
43-30-1. Marketable record title–Unbroken chain of title of record for twenty-two years or longer–Exceptions. Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land by himself and his immediate or remote grantors for a period of twenty-two years or longer, and […]
43-30-10. Purpose of chapter–Construction. This chapter shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period twenty-three years prior to the date of an affidavit of possession made […]
43-30-11. Claims barred by chapter–Definition. The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is, or has been within or without the state, and whether such person is natural or corporate or […]
43-30-12. Exceptions to application of chapter. This chapter shall not be applied to bar the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required, the rights of any remainderman upon the expiration of any […]
43-30-13. Right, title, or interest of state or United States unaffected by chapter. This chapter shall not be deemed to affect the right, title, or interest of the State of South Dakota, or the United States in any lands in South Dakota. Source: SL 1947, ch 233, §10; SL 1951, ch 256, §10; SL 1957, […]
43-30-14. Right, title, or interest in land owned by public utility unaffected by chapter. This chapter shall not apply to the right, title, or interest in any land owned by any railroad or other public utility corporation or any lessee, trustee, or receiver thereof; nor shall it apply to claims, liens, titles, or rights of […]
43-30-15. Existing statutes of limitations and recording statutes not affected by chapter. Nothing contained in this chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or […]
43-30-16. Railroad property conveyances to or by state exempt from plat requirements–Filing map. Conveyances of railroad property to or by the South Dakota railroad authority, the state or any of its subdivisions, including the conveyance of railroad rights-of-way, or any portion thereof, which are described by individual or cumulative metes and bounds descriptions or which […]
43-30-17. Certain property conveyances under Water Resources Development Act exempt from plat requirements–Filing of survey references, maps, etc.. Any conveyance of property to or by South Dakota or any of its political subdivisions obtained from the United States of America, acting by and through the secretary of the Army, pursuant to and under authority of […]
43-30-2. Definitions–Unbroken chain of title to an interest in land–Title transaction. A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in this chapter if the official public records of the county wherein such land is situated disclose a conveyance or other title […]
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 […]
43-30-4. Filing of notice of claim of interest–Persons authorized to file. The notice mentioned in §43-30-3 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is, under disability, unable to assert a claim on his own behalf, or one […]
43-30-5. Notice of claim of interest–Filing for record. The claim referred to in §§43-30-3 and 43-30-4 shall be filed in each county where the claimed land or any part thereof is situate and must set forth the legal description of the land affected by such claim together with a statement of the nature of the […]
43-30-6. Acceptance of notice of claim of interest for filing by register of deeds–Entering and recording–Indexing of notices. The register of deeds of each county shall accept all such notices which describe land located within the county which he serves and shall enter and record, and index such notices in the same manner as notices […]
43-30-7. Affidavit of possession of real property–Contents–Recording–Time for filing–State railroad property. For the purpose of this chapter, the fact of possession of real property referred to in §43-30-1 may be shown of record by one or more affidavits containing the legal description of the real property referred to and show that the record titleholder is […]
43-30-8. Record of affidavit of possession–Evidence of facts stated. When an affidavit has been filed and recorded as provided in §43-30-7, the record thereof, or the record of a duly certified copy thereof, shall be prima facie evidence of the facts therein stated, for the purposes of this chapter. Source: SL 1947, ch 233, §8; […]
43-30-8.2. Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded–Duration. Notwithstanding the provisions of §43-30-12, an affidavit filed pursuant to §43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the […]
43-30-9. Slandering title to land–Notice of claim recorded for such purpose–Costs awarded plaintiff in quiet title action–Attorney fees–Damages. No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find […]
