1-01.Tribal lands. Any transaction affecting Indian trust land is subject to the approval of the Secretary of the Interior, or as otherwise prescribed by federal statute, and any transaction affecting Indian tribal land is subject to the consent of the tribe, or as otherwise provided by the tribe’s constitution and federal statute.
10-01.Covenants, conditions and restrictions defined. The term “covenants, conditions and restrictions” is used in title examining to describe various limitations on the use of land imposed in deeds or other instruments in the chain of title.
10-02.Covenants, conditions & restrictions are generally deemed to run with the land. Covenants contained in conveyances of real property are appurtenant and pass with them to the successor in interest and run with the land.
10-03.General plan restrictions–subdivision of tracts. Uniform restrictions as to the use and occupancy of all lots in a subdivision may be imposed by properly executing and recording a declaration or contract.
10-04.Revocation of declaration or contract–execution by successor in interest. In first and second-class municipalities an owner and all successor owners in interest may revoke and cancel the covenants by a properly recorded deed of revocation. Such revocation is not effective until approved by the governing body of the municipality.
10-05.Expiration of covenants, conditions and restrictions. Declarations authorized by SDCL 11-5-1 and 11-5-2 shall only be prescribed but not exceed twenty-five years from the date of the declaration.
10-06.Validity of restrictions. A title examiner need not determine the validity or enforceability of covenants, conditions or restrictions but should show those in the chain of title.
10-07.Restrictions in derogation of existing law. Covenants, conditions or restrictions which contain language that discriminates on the basis of race, color, religion, sex or national origin are unenforceable and void.
11-01.Medical assistance lien. A medical assistance lien created under SDCL 28-6 becomes a lien against real property only from the time the lien is filed with the Register of Deeds.
11-02.Child support liens. The Department of Social Services may impose a lien for support obligations and the notice of lien, properly filed with the Register of Deeds, establishes the priority as of the date of filing.
11-03.Tax lien–county. A county poor lien becomes a lien against real property at the time the record is filed in the office of the Register of Deeds of the county in which the poor person resides or in the county of his legal residence or last residence if he is an inmate of a state […]
11-04.Poor relief lien. Any lien established under SDCL 24-14 with regard to county poor relief shall continue, a foreclosure shall not be commenced until one year after the last payment to or for the benefit of the poor person during the lifetime of the poor person or until after the death of the poor person. […]
11-05.Claims under federal laws. A title examiner need not mention in the opinion the possibility of claims under federal laws which do not show upon local records.
11-06.Tax Lien–State or Federal. A federal or state tax lien becomes a lien against real property from the time the lien of the tax is entered in the index of tax liens kept by the register of deeds.
12-01.Judgments–lapse. A title examiner may ignore a judgment after ten years have passed from the date on which it was docketed unless the judgment has been renewed as provided in SDCL 15-16-33.
12-02.Divorce–judgment affecting defendant’s title. A divorce judgment which states that the defendant is entitled to the plaintiff’s interest in real property owned either jointly between plaintiff and defendant or by plaintiff alone shall be sufficient to vest title in the defendant if the divorce judgment contains the following information and statement: (1)A legal description of […]
12-03.Divorce–sufficiency of judgment. A divorce judgment vesting in the plaintiff the defendant’s interest in real property, whether owned solely by said defendant or jointly with said plaintiff, shall be sufficient to vest the defendant’s interest in such property, provided that the judgment or the court’s file affirmatively shows the following: (1)The legal description of property; […]
12-04.Notice of levy. A notice of levy, when properly recorded under SDCL 15-18-22, may only be released upon: 1.Proof of the satisfaction of judgment; 2.A deed from the debtor specifying the intent to satisfy the judgment; 3.Proper release from the levy; 4.Sheriff’s deed; 5.Release or abandonment of the execution.
12-05.Real property abandoned by bankruptcy trustee. The marketability of title to real property abandoned by a bankruptcy trustee for debtor-in-possession exercising the powers of a bankruptcy trustee is not adversely affected if the following should appear of record: (1)The petition in bankruptcy of the title holder; (2)The certificate of commencement of a case under Title […]
12-06.Real property claimed as exempt by debtor. The marketability of title to real property claimed as exempt by a debtor in a bankruptcy proceeding is not adversely affected if the following should appear of record: (1)The petition in bankruptcy of the title holder; (2)The certificate of commencement of a case under Title 11, United States […]
