Section 19-01 – Metes and bounds.
19-01.Metes and bounds. When any owner of a government subdivision or a platted tract or lot divides that land into parcels for the purpose of transfer that cannot be described except by metes and bounds, the parcels of land so divided must be platted before any instrument of transfer can be recorded. Real property descriptions […]
Section 19-02 – Legal description from survey or plat.
19-02.Legal description from survey or plat. A legal description is eligible for recordation if the document contains a reference to a legal survey or is capable of being indexed in one of the two statutory numerical indexes maintained by the office of the Register of Deeds for that particular county. If a legal description includes […]
Section 19-03 – Platting.
19-03.Platting. Any subdivision of land containing two or more lots shall be platted or replatted and must be submitted for proper platting according to law.
Section 19-04 – Plats, designation or variations in name.
19-04.Plats, designation or variations in name. Although a plat should be referred to in a conveyance as entitled in the owner’s dedication clause in the filed plat as reflected by the abstract (without reference to the present state of incorporation of the municipality unless part of the plat name), minor inaccuracies in description such as […]
Section 19-05 – Plats, effect of joinders in.
19-05.Plats, effect of joinders in. A conveyance from the record owner shall be sufficient notwithstanding that a stranger to the title joins in the dedication of the plat or covenants of which the tract is a part if the record shows an interest of said stranger in another tract within the plat or subject to […]
Section 15-18 – Guardian and conservator.
15-18.Guardian and conservator. The fact that an individual or entity deals with a guardian, if appointed prior to July 1, 1995, or conservator with knowledge of the representative capacity does not alone require an inquiry into the guardian’s or conservator’s authority, except that any such individual or entity is charged with knowledge of restrictions that […]
Section 16-01 – Omission and inconsistency of dates.
16-01.Omission and inconsistency of dates. The fact that an instrument affecting title may not be dated, or that inconsistency exists between its date, the date of attestation, the date of acknowledgment or the date of recordation, does not impair marketability, unless the inconsistency is of such peculiar significance, when considered with other circumstances of record, […]
Section 16-02 – Effect of curative acts.
16-02.Effect of curative acts. An act, curative of matters of execution, acknowledgment and recording, or procedural omission, irregularities or defects, is presumed to be valid legislation, effectively eliminating objections based upon the imperfections of title which fall within its scope as to subject matter and date, thus avoiding necessity of action to quiet title. A […]
Section 16-03 – Contents of affidavit–interest of maker.
16-03.Contents of affidavit–interest of maker. An affidavit may be used as a means of correcting discrepancies and variances in names and in other cases where it may be accepted as curative evidence under South Dakota statute. It should include some showing that the material statements in it are based on affiant’s personal knowledge. The value […]
Section 16-04 – Condominiums.
16-04.Condominiums. A condominium project is established whenever the developers or the owners of a building or buildings expressly declare, through the recordation of a master deed or lease, their desire to submit their property to the formation of a condominium under the laws given in SDCL ch. 43-15A.