20:36:01:01. Terms defined. Terms used in this article mean:
(1) "Abstract," a compilation in orderly arrangement of the materials and facts of record affecting the title to a specific piece of land, issued under a certificate certifying to the matters contained in such compilation;
(2) "Abstracter," a person, firm, or corporation holding a certificate of registration from the Abstracters' Board of Examiners of the state of South Dakota;
(3) "Abstracting," the abstracting and reporting upon public or other records under the provisions of SDCL 36-13;
(4) "Board," the Abstracters' Board of Examiners of the state of South Dakota;
(5) "Plant," the books, records, and indexes required by SDCL 36-13-10 and this article;
(6) "Seal," the seal of the Abstracters' Board of Examiners or the seal of an abstracter as the context may indicate;
(7) "Search," the process of examining all relevant records to document the legal owner of the property, including any liens and other claims on the real property, and any type of summary of facts of record affecting the title to a specific piece of land that does not purport to constitute an opinion as to the state of the title. The term does not include a title insurance commitment or policy or information or opinions given;
(8) "Executive Secretary," the executive secretary of the board;
(9) "Secretary-treasurer," the secretary-treasurer of the board.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.
20:36:01:02. Chain of title. For the purposes of this article, chain of title means documents of conveyance given in a continuous succession of title and:
(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 patent was issued; or
(2) With respect to platted lands, a lot as shown on the last subdivision plat recorded against the property. However, if all documents transferring ownership and given in a continuous succession of title ownership from the present owner back in time to the recording of the subdivision plat combine more than one lot, then those multiple lots included in the documents of conveyance shall be considered one chain.
(3) As used in this section, "lot" means the smallest intact areas into which land has been subdivided by a subdivision plat map, whether denoted a lot, parcel, tract, undivided block, or other similar designation.
Source: 34 SDR 73, effective September 17, 2007; 46 SDR 42, effective October 3, 2019.
General Authority: SDCL 36-13-6.
Law Implemented: SDCL 36-13-6.