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Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards
Law
South Dakota Codified Laws
Property
Nbsp Nbsp Nbsp Nbsp State Bar Of South Dakota 2002 Title Standards
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Section
1-01
Tribal lands.
Section
2-01
Contracts for deed--deed to vendee.
Section
2-02
Contract for deed--merger.
Section
2-03
Contract for deed--conveyances of interests.
Section
2-04
Contract for deed--transfers by vendor.
Section
2-05
Contract for deed--vendee's interest.
Section
2-06
Contract for deed--effect on joint tenancy.
Section
2-07
Contract for deed--cancellation.
Section
2-08
Contract for deed--deeds held in escrow.
Section
3-01
Agricultural/commercial leases.
Section
3-02
Leases--notice of renewal.
Section
4-01
Effect of judgment on joint tenancy property.
Section
4-02
Conveyances to two or more individuals--inclusion of business name.
Section
4-03
Homestead rights--effect of partnership on.
Section
4-04
Conveyances by partnership.
Section
4-05
Conveyances to and by partners.
Section
4-06
Conveyances by partnership--when proof of authority not required.
Section
4-07
Conveyances of partnership interest after death of partner.
Section
4-08
Partnership--effect of dissolution or cessation of business.
Section
4-09
Partnership--effect of judgments.
Section
4-10
Deed divests present title of all grantors.
Section
4-11
Partnership--duration presumed.
Section
5-01
Affidavit of marital status.
Section
5-02
Indication of marital status.
Section
5-03
Recitation of marital status.
Section
5-04
Failure to include marital status.
Section
5-05
Recitals of record.
Section
5-06
Execution by spouse under power of attorney.
Section
5-07
Deed of homestead.
Section
5-08
Rule of idem sonans.
Section
5-09
Use or nonuse of middle names or initials.
Section
5-10
Abbreviations.
Section
5-11
Name variations.
Section
5-12
Effect of prefix, suffix and descriptio personae.
Section
5-13
Statement indicating identity.
Section
5-14
Variance in name of grantors.
Section
5-15
Variance between signature or body of deed and acknowledgment.
Section
5-16
Deceased persons.
Section
5-17
Conveyance--fictitious persons.
Section
5-18
Powers of attorney.
Section
5-19
Durable power of attorney.
Section
5-20
Grant of power of attorney.
Section
5-21
Recording power of attorney.
Section
5-22
Conveyances under authority of power of attorney.
Section
5-23
Designation of "trustee".
Section
5-24
Trust conveyances--curative statute.
Section
5-25
Property in trust.
Section
5-26
Discrepancy in corporate name.
Section
5-27
Corporate deed.
Section
5-28
Corporate existence.
Section
5-29
Ultra vires not assumed.
Section
5-30
Corporate acknowledgments.
Section
5-31
Conveyances to or from unincorporated associations.
Section
5-32
Authority of unincorporated associations.
Section
5-33
Conveyance--limited liability company, authority presumed.
Section
5-34
Execution--corporate or limited liability company.
Section
5-35
Political subdivisions--no specific standard.
Section
6-01
Delivery, delay in recordation.
Section
6-02
Date of acknowledgment.
Section
6-03
Notary act presumed valid.
Section
6-04
Expired notary.
Section
6-05
Notary seal.
Section
6-06
Lis pendens--effect of judgment.
Section
6-07
Statute of limitations--lis pendens.
Section
7-01
Signatures by mark.
Section
7-02
Alternative grantees.
Section
7-03
Strangers to title.
Section
7-04
Quit claim--after acquired title.
Section
7-05
Deeds--after acquired title.
Section
7-06
Marketable title acts.
Section
7-07
Affidavit of possession to be recorded--affiant.
Section
7-08
Affidavit of possession as basis for creating marketable title under tax deed.
Section
7-09
Use of affidavits.
Section
7-10
Corrective instruments.
Section
7-11
Instruments which are altered and re-recorded.
Section
7-12
Conveyances--farm credit--right of first refusal.
Section
8-01
Ownership of water.
Section
8-02
Accretion, reliction, erosion and avulsion.
Section
8-03
High-water mark boundaries.
Section
8-04
Road and street as boundaries.
Section
8-05
Vacated highway, street, alley or public right of way.
Section
8-06
Conveyances to state for highway purposes.
Section
8-07
Dedication of streets, etc.
Section
8-08
Consult SD Mineral Title Standards.
Section
8-09
Mineral ownership--notation.
Section
8-10
Severance of minerals--notation.
Section
8-11
Conveyances of royalties and minerals.
Section
8-12
Oil and gas leases--contingent future interests.
Section
8-13
Leases--oil--gas.
Section
9-01
Easements as encumbrances.
Section
9-02
Rights-of-way as encumbrances.
Section
9-03
Conveyances--effect of reservations or exceptions.
Section
9-04
Railroads.
Section
9-05
Wind energy easements.
Section
9-06
Wind energy rights--limitation on severance.
Section
10-01
Covenants, conditions and restrictions defined.
Section
10-02
Covenants, conditions & restrictions are generally deemed to run with the land.
Section
10-03
General plan restrictions--subdivision of tracts.
Section
10-04
Revocation of declaration or contract--execution by successor in interest.
Section
10-05
Expiration of covenants, conditions and restrictions.
Section
10-06
Validity of restrictions.
Section
10-07
Restrictions in derogation of existing law.
Section
11-01
Medical assistance lien.
Section
11-02
Child support liens.
Section
11-03
Tax lien--county.
Section
11-04
Poor relief lien.
Section
11-05
Claims under federal laws.
Section
11-06
Tax Lien--State or Federal.
Section
12-01
Judgments--lapse.
Section
12-02
Divorce--judgment affecting defendant's title.
Section
12-03
Divorce--sufficiency of judgment.
Section
12-04
Notice of levy.
Section
12-05
Real property abandoned by bankruptcy trustee.
Section
12-06
Real property claimed as exempt by debtor.
Section
12-07
Real property sold free and clear of any interest in course of bankruptcy proceedings.
Section
12-08
Bankruptcy lien avoidance.
Section
12-09
Bankruptcy discharge.
Section
13-01
Mechanic's lien.
Section
13-02
Mechanic and materialmen's lien.
Section
14-01
Mortgages.
Section
14-02
Reference to nonrecorded mortgage.
Section
14-03
Mortgages--release or assignment.
Section
14-04
Mortgages--statute of limitations.
Section
14-05
Satisfaction by one of plural mortgagees.
Section
14-06
Release of mortgage by other than mortgagee.
Section
14-07
Release--assignment of rents.
Section
14-08
Defect in satisfaction of mortgage.
Section
14-09
Deeds--unsatisfied mortgage.
Section
14-10
Mortgage--merger of title.
Section
14-11
Foreclosure of mortgage by action.
Section
14-12
Foreclosure by advertisement.
Section
15-01
Probate--chain of title.
Section
15-02
Executor's deed.
Section
15-03
Conveyances made under probate.
Section
15-04
Chain of title--probate.
Section
15-05
Authority of personal representative.
Section
15-06
Deed of distribution.
Section
15-07
Delayed probate.
Section
15-08
South Dakota inheritance tax liens.
Section
15-09
Termination of life tenant.
Section
15-10
Probate--existence of federal lien.
Section
15-11
Authority of successor fiduciary.
Section
15-12
Term of authority for fiduciary.
Section
15-13
Acts authorized by personal representative or conservator.
Section
15-14
Guardian's deeds.
Section
15-15
Conservator's deeds.
Section
15-16
Authority of conservator.
Section
15-17
Foreign personal representative.
Section
15-18
Guardian and conservator.
Section
15-19
Omitted real estate or faulty description of closed estate.
Section
16-01
Omission and inconsistency of dates.
Section
16-02
Effect of curative acts.
Section
16-03
Contents of affidavit--interest of maker.
Section
16-04
Condominiums.
Section
19-01
Metes and bounds.
Section
19-02
Legal description from survey or plat.
Section
19-03
Platting.
Section
19-04
Plats, designation or variations in name.
Section
19-05
Plats, effect of joinders in.
Section
19-06
Plats, vacation before lots sold.
Section
19-07
Plats, vacation after lots sold.
Section
19-08
Discrepancy in survey.
Section
19-09
Plats, effect of replat.
Section
23-01
Marketable record title--statute of limitations.
Section
23-02
Title by patent.
Section
23-03
Validity of patent.
Section
23-04
Affidavit--lending institution.
Section
26-01
Tax title.
Section
26-02
Effect of tax deed.