36-13-1. Abstracters’ Board of Examiners–Professional members. The board shall be composed of five members appointed by the Governor. Four members of the board shall be abstracters who have been qualified to do the business of abstracting under §36-13-8 for five years prior to the date of their appointment. The members may not be all of […]
36-13-1.1. Lay member of board. The membership of the board shall include one lay member who is a user of the services regulated by the board. The term, lay member who is a user, refers to a person who is not licensed by the board but, if practical, uses the service licensed. The term shall […]
36-13-1.2. Definition of terms. Terms used in this chapter mean: (1)”Abstract,” a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific parcel of land, issued under a certificate certifying to the matters contained in such compilation; (2)”Abstracter,” any person holding a certificate of registration from the board; […]
36-13-1.3. Chain of title defined. The term, chain of title, means all documents of conveyance given in a continuous succession of title: (1)With respect to unplatted lands, the smaller of: (a)Each quarter section of land; or (b)If a patent was issued for a portion of quarter section of land, then that portion for which that […]
36-13-10. Title plant required to engage in business. Any person engaging in or continuing the business of abstracting of titles to property within the state shall have a title plant, which shall include a set of abstract books or set of indexes or other records showing in a sufficiently comprehensive form, all instruments affecting the […]
36-13-11. Application for certificate of registration–Examination–Fees. A person may obtain a certificate of registration under this chapter upon the successful completion of an examination. The person shall apply to the board and pay to its secretary-treasurer an examination fee in an amount set by the board by rules promulgated pursuant to chapter 1-26. The examination […]
36-13-11.1. Criminal background investigation of applicants. Each applicant for a certificate of registration shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the board shall submit completed fingerprint cards to the Division of Criminal Investigation. […]
36-13-12. Scope of examination for certificate of registration. At the time and place fixed pursuant to §36-13-11, the board shall proceed to examine the applicant under such rules as the board may promulgate with reference to the laws of this state affecting titles of property, the recording laws, and the common practices, proceedings, and mechanics […]
36-13-13. Separate applications and examinations for different counties. The board may require separate applications and examinations and fees for any abstracter who applies for registration in more than one county. A certificate of registration shall qualify the holder for abstracting only in the county to which it relates. Source: SDC 1939, §1.0105; SL 1985, ch […]
36-13-15. Bond required for certificate of registration–Amount and conditions. Before the board may issue a certificate of registration, the applicant shall file with the board a bond to be approved by it running to the State of South Dakota in the penal sum of twenty-five thousand dollars for counties with a population of fifteen thousand […]
36-13-16. Financial standing of personal sureties on bond–Investigation and property statements. If a personal surety bond is given under §36-13-15, there shall be at least three sureties, each of whom shall justify for the full amount of the bond as a resident and freeholder of this state having unencumbered property in excess of all debts, […]
36-13-17. Filing and registration of bond. The original bond required by §36-13-15 shall be filed and registered by and remain in the office of the secretary-treasurer of the board as a public file and record. The secretary-treasurer shall file a certified copy of each bond filed and registered pursuant to this section in the office […]
36-13-18. Additional bond required for certificate–Insufficient bond. The board may at any time require any abstracter holding a certificate under the provisions of this chapter, upon thirty days’ notice, to furnish such additional bonds as the board deems proper to meet the requirements of this chapter, and, in proceedings under chapter 1-26, to show cause […]
36-13-19. Parties to action on abstracter’s bond. Any person damaged by or on account of any error, deficiency, or mistake in any abstract or certificate of title or continuation thereof, whether or not the original purchaser, owner, or holder of the abstract, may maintain an action upon the bond required by §36-13-15 in the person’s […]
36-13-2. Election of officers–Bond required of secretary-treasurer. The board shall organize by the election of a president and secretary-treasurer from its members. The secretary-treasurer shall furnish a bond in the sum of not less than fifteen thousand dollars. Source: SDC 1939, §1.0102; SL 2008, ch 195, §5.
36-13-2.1. Board continued within Department of Labor and Regulation–Records and reports. The board shall continue within the Department of Labor and Regulation and shall retain all its prescribed functions, including administrative functions. The board shall submit such records, information, and reports in the form and at such times as required by the secretary of labor […]
36-13-20. Recitals in certificate of registration–Authority to engage in business–Access to public offices and records. A certificate issued by the board under the provisions of this chapter shall recite that the bond required by §36-13-15 has been duly filed and approved. Such certificate authorizes the person named in it to engage in and carry on […]
36-13-21. Fee for certificate of registration–Duration and renewal–Contents of application for renewal. A certificate of registration shall be issued upon the payment of a fee set by the board by rules promulgated pursuant to chapter 1-26. The fee for a certificate of registration may not exceed the following: for counties with a population of ten […]
36-13-21.1. Inspection costs collected from applicant. The board shall charge to and collect from the applicant for a certificate of registration for a new plant or the transfer of a certificate of registration, the actual expenses of inspecting and approving the new plant or transfer of registration including per diem, travel, and room and board. […]
36-13-22. Temporary certificate to engage in business. The board may issue a temporary certificate to any person desiring to engage in the business of abstracting in any county where there is no registered abstracter, or where the only existing abstract plant has been destroyed so that its records and indexes are not available, or where […]
