§ 43-28-1 Recording of instruments affecting real estate with register of deeds
§ 43-28-2 Instruments which may be recorded without acknowledgment or furtherproof
§ 43-28-3 Instruments recorded without acknowledgment or further proof–Use ofcertified copies as evidence
§ 43-28-4 Recording of affidavits, orders, appointments, minutes of meetings, andproceedings in bankruptcy to correct instruments affecting title to realproperty–Use as evidence
§ 43-28-4.1 Affidavits stating facts relating identity of a party recorded
§ 43-28-5 Presumption that execution of certificate attached to copy of instrumenteligible for record was made by authorized officer
§ 43-28-6 Prior recording of instruments validated–Rights barred by no action
§ 43-28-7 Authorities without state have no jurisdiction of real property withinstate
§ 43-28-8 Instruments which must be acknowledged or proved before record–Certification
§ 43-28-9 Acknowledgment of instrument by married woman
§ 43-28-10 Recording of instrument proved and certified by handwriting
§ 43-28-11 Deposit of acknowledged or proved and certified instrument for recordas recording–Endorsement of amount of fee
§ 43-28-12 Separate recording of absolute grants and mortgages
§ 43-28-13 Law governing execution, acknowledgment, proof, form, or record ofconveyance made before 1939
§ 43-28-14 Validity of unrecorded instrument
§ 43-28-15 Constructive notice of execution of instrument affecting real propertyto purchasers or encumbrancers subsequent to recording
§ 43-28-16 Notice imparted by instruments defectively executed or acknowledgedor describing unplatted property prior to December 31, 1988–Rights ofpurchasers or encumbrancers
§ 43-28-17 Priority of first recorded conveyance of real property–Conveyancedefined
§ 43-28-18 Recording of instrument containing power affecting real property–Instrument of revocation must be recorded in the same office
§ 43-28-19 Recitals as to marital status, homestead status, or identity of parties ininstruments affecting title to real property–Evidentiary effect
§ 43-28-20 Record of death of person deceased twelve years or more as evidenceof death and date of death–Requirements and effect of recording
§ 43-28-21 Mailing address of grantee required for recording real estateconveyance
§ 43-28-22 Real estate conveyance by fiduciary construed as made for purposes ofadministration–Time limit to enforce rights to property in trust, estate,or guardianship
§ 43-28-23 Format standards for real estate documents recorded with the registerof deeds
§ 43-28-24 Definitions related to identity information
§ 43-28-25 Document preparers prohibited from including personally identifiableinformation
§ 43-28-26 Certain documents exempt
§ 43-28-27 Register of deeds to post notice
§ 43-28-28 Noncomplying documents not rejected for recording
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 28 - Recording of Instruments

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC