Section 23-01 – Marketable record title–statute of limitations.
23-01.Marketable record title–statute of limitations. No title shall be considered unmarketable by reason of any claim or defect twenty-two years or older, if the record title holder has an unbroken chain of title through the holder’s immediate or remote grantors by a deed of conveyance which has been recorded twenty-two years or more, and if […]
Section 23-02 – Title by patent.
23-02.Title by patent. The chain of title must be based upon a recorded patent or certified copy of the patent except when the title is founded upon a congressional grant which by its terms does not require a patent, a judgment or a treaty.
Section 23-03 – Validity of patent.
23-03.Validity of patent. A title examiner may not assume the validity of a fee patent issued pursuant to the General Allotment Act of February 8, 1887. A title examiner may rely upon a deed from the heirs of a deceased allottee as passing title free of trust provided that the deed has been approved by […]
Section 23-04 – Affidavit–lending institution.
23-04.Affidavit–lending institution. A title examiner may rely on a recitation in an instrument of record executed by a regulatory authority, or an officer or counsel for a lending institution that the lending institution changed its name or is the successor of one or more previous lending institutions.
Section 26-01 – Tax title.
26-01.Tax title. Neither a tax deed issued pursuant to any of the provisions of SDCL 10-25-12, nor any combination of such deeds, terminates the rights of the owner who owned it prior to its sale for taxes, unless there is: (a)A judgment in a quiet title action; (b)A marketable Record Title Affidavit pursuant to SDCL […]
Section 26-02 – Effect of tax deed.
26-02.Effect of tax deed. A valid tax deed clothes the grantee with a new and complete title under an independent grant from the sovereign authority of the state, extinguishing all prior titles.
Section 19-06 – Plats, vacation before lots sold.
19-06.Plats, vacation before lots sold. The recording of an instrument executed by all of the owners of a subdivision vacating a plat before any lots have been sold extinguishes all easements created by the plat and revokes the dedication to the public of all rights in the streets, alleys, easements and public grounds.
Section 19-07 – Plats, vacation after lots sold.
19-07.Plats, vacation after lots sold. The vacation of all or any part of a plat after the sale of any lots must be executed by all of the owners of the subdivision and by all of the owners of the lots sold.
Section 19-08 – Discrepancy in survey.
19-08.Discrepancy in survey. Title shall not be considered unmarketable because a survey discloses differences in deed or plat distances or courses and subsequently measured distances or courses if the surveyor states that both descriptions describe the same parcel.
Section 19-09 – Plats, effect of replat.
19-09.Plats, effect of replat. The replat of a platted subdivision extinguishes the rights in the public and the easements created in the original plat as set forth in the replat or to the extent they are inconsistent with the replat.