Affidavit as to demand for release--Recording by register of deeds, effect.

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45-7-7. Affidavit as to demand for release--Recording by register of deeds, effect.

If the lease owner shall not commence the action and file for record a notice of pendency of said action as provided in §45-7-6, then at the expiration of the said thirty-day period, the register of deeds shall record said affidavit and thereafter said lease shall not affect the merchantability of the title to said land or mineral rights and the record of said lease shall not be notice to the public of the existence of said lease or of any interest therein or rights thereunder, and said record shall not be received in evidence in any court of the state on behalf of the lease owner against the lessor, his successors, or assigns.

Source: SL 1941, ch 180, §1; SL 1943, ch 154; SDC Supp 1960, §42.0812.


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