43-30-1
Marketable record title--Unbroken chain of title of record for twenty-two years or
longer--Exceptions.
43-30-2
Definitions--Unbroken chain of title to an interest in land--Title transaction.
43-30-3
Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.
43-30-4
Filing of notice of claim of interest--Persons authorized to file.
43-30-5
Notice of claim of interest--Filing for record.
43-30-6
Acceptance of notice of claim of interest for filing by register of deeds--Entering and
recording--Indexing of notices.
43-30-7
Affidavit of possession of real property--Contents--Recording--Time for filing--State
railroad property.
43-30-8
Record of affidavit of possession--Evidence of facts stated.
43-30-8.1
Repealed.
43-30-8.2
Condition subsequent based on alcoholic beverage use barred by affidavit unless
rerecorded--Duration.
43-30-9
Slandering title to land--Notice of claim recorded for such purpose--Costs awarded
plaintiff in quiet title action--Attorney fees--Damages.
43-30-10
Purpose of chapter--Construction.
43-30-11
Claims barred by chapter--Definition.
43-30-12
Exceptions to application of chapter.
43-30-13
Right, title, or interest of state or United States unaffected by chapter.
43-30-14
Right, title, or interest in land owned by public utility unaffected by chapter.
43-30-15
Existing statutes of limitations and recording statutes not affected by chapter.
43-30-16
Railroad property conveyances to or by state exempt from plat requirements--Filing
map.
43-30-17
Certain property conveyances under Water Resources Development Act exempt from
plat requirements--Filing of survey references, maps, etc.
APPENDIX A
43-30-1. Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.
Any person having the legal capacity to own land in this state, who has an unbroken chain of title to any interest in land by himself and his immediate or remote grantors for a period of twenty-two years or longer, and is in possession of such land, shall be deemed to have a marketable record title to such interest, subject only to such claims thereto and defects of title as are not extinguished or barred by the application of the provisions of this chapter, instruments which have been recorded less than twenty-two years, and any encumbrances of record not barred by the statute of limitations.
Source: SL 1947, ch 233, § 1; SL 1951, ch 256, § 1; SL 1957, ch 266, § 1; SDC Supp 1960, § 51.16B01.
43-30-2. Definitions--Unbroken chain of title to an interest in land--Title transaction.
A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in this chapter if the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty-two years or more prior thereto, which conveyance or other title transaction purports to create such interest in such person or his immediate or remote grantors, with nothing appearing of record purporting to divest such person and his immediate or remote grantors of such purported interest.
"Title transaction" as used herein means any transaction affecting title to real property, including title by will or descent from any persons who held title of record at the date of his death, title by a decree or order of any court, title by tax deed, by trustee's, referee's, conservator's, personal representative's, master's in chancery, or sheriff's deed, as well as by direct conveyance.
Source: SL 1947, ch 233, § 2; SL 1951, ch 256, § 2; SL 1957, ch 266, § 2; SDC Supp 1960, § 51.16B02; SL 1993, ch 213, § 235; SL 1995, ch 167, § 188.
43-30-3. Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.
Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty-two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interest, claims, and charges affecting such interest in real property shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty-three years from the date of recording of deed of conveyance under which title is claimed, or on or before July 1, 1958, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend his time for filing such claim after the expiration of twenty-three years from the recording of such deed of conveyance or one year after July 1, 1957, whichever event is the latest in point of time.
Source: SL 1947, ch 233, § 3; SL 1951, ch 256, § 3; SL 1957, ch 266, § 3; SDC Supp 1960, § 51.16B03.
43-30-4. Filing of notice of claim of interest--Persons authorized to file.
The notice mentioned in § 43-30-3 may be filed for record by the claimant of any interest therein described or by any other person acting on behalf of a claimant who is, under disability, unable to assert a claim on his own behalf, or one of a class but whose identity cannot be established or is uncertain at the time of filing such claim for record.
Source: SL 1947, ch 233, § 4; SL 1951, ch 256, § 4; SDC Supp 1960, § 51.16B04.
43-30-5. Notice of claim of interest--Filing for record.
The claim referred to in §§ 43-30-3 and 43-30-4 shall be filed in each county where the claimed land or any part thereof is situate and must set forth the legal description of the land affected by such claim together with a statement of the nature of the claim, charge, or interest asserted, which description shall be set forth in particular terms and not by general inclusions.
Source: SL 1947, ch 233, § 5; SL 1951, ch 256, § 5; SDC Supp 1960, § 51.16B05.
43-30-6. Acceptance of notice of claim of interest for filing by register of deeds--Entering and recording--Indexing of notices.
The register of deeds of each county shall accept all such notices which describe land located within the county which he serves and shall enter and record, and index such notices in the same manner as notices of lis pendens.
Source: SL 1947, ch 233, § 6; SL 1951, ch 256, § 6; SDC Supp 1960, § 51.16B06.
43-30-7. Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.
For the purpose of this chapter, the fact of possession of real property referred to in § 43-30-1 may be shown of record by one or more affidavits containing the legal description of the real property referred to and show that the record titleholder is upon the date thereof in possession of the real property. The register of deeds shall record such affidavit or affidavits at length in miscellaneous records of his county. No such affidavits of possession may be filed as to any lands before the expiration of twenty-three years from recording of deed of conveyance or other instrument of conveyance under which title is claimed, or before one year after July 1, 1957, whichever event is the latest in point of time, to any land as to which claim under the provisions of § 43-30-5 has been filed. The legal description of the real property contained in affidavits of possession for railroad property and linear railroad rights-of-way acquired by the South Dakota Railroad Authority, the state, or any of its subdivisions may be made by reference to and incorporation of filing information of previous conveyances and other documents of title filed of record in the county where the real property is located.
Source: SL 1947, ch 233, § 7; SL 1951, ch 256, § 7; SL 1957, ch 266, § 4; SDC Supp 1960, § 51.16B07; SL 1981, ch 309, § 2.
43-30-8. Record of affidavit of possession--Evidence of facts stated.
When an affidavit has been filed and recorded as provided in § 43-30-7, the record thereof, or the record of a duly certified copy thereof, shall be prima facie evidence of the facts therein stated, for the purposes of this chapter.
Source: SL 1947, ch 233, § 8; SL 1951, ch 256, § 8; SDC Supp 1960, § 51.16B08.
43-30-8.2. Condition subsequent based on alcoholic beverage use barred by affidavit unless rerecorded--Duration.
Notwithstanding the provisions of § 43-30-12, an affidavit filed pursuant to § 43-30-7 shall bar a condition subsequent in a deed as described by this section unless any person claiming an interest in the condition has rerecorded the terms of the condition with the appropriate register of deeds. Such recording shall be valid for ten years and may be rerecorded. This section shall only apply to a condition subsequent in a deed whereby the use or sale of alcoholic beverages, in any manner, would work a forfeiture and automatic reverter of the title of real property containing that condition subsequent to the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns; or would give rise to the right of reentry by the grantor in the conveyance creating that condition subsequent, or to his heirs and assigns, for breach of that condition subsequent.
Source: SL 1976, ch 266, §§ 1, 3.
43-30-9. Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages.
No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for the purpose only of slandering title to such land, he shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record.
Source: SL 1947, ch 233, § 9; SL 1951, ch 256, § 9; SDC Supp 1960, § 51.16B09.
43-30-10. Purpose of chapter--Construction.
This chapter shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to deal with the record title owner as defined herein; to rely upon the record title covering a period twenty-three years prior to the date of an affidavit of possession made and recorded as prescribed by § 43-30-7, and to that end to bar all claims that affect or may affect the interest thus dealt with, the existence of which claim arises out of or depends upon any act, transaction, event, or omission antedating a period twenty-two years prior to the date of an affidavit made and recorded as prescribed by § 43-30-7, unless a notice of such claim, as provided in § 43-30-5, shall have been duly filed for record.
Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
43-30-11. Claims barred by chapter--Definition.
The claims hereby barred shall mean any and all interests of any nature whatever, however denominated, whether such claims are asserted by a person sui juris or under disability, whether such person is, or has been within or without the state, and whether such person is natural or corporate or private or governmental.
Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
43-30-12. Exceptions to application of chapter.
This chapter shall not be applied to bar the rights of any lessor or his successor as reversionary of his right to possession on the expiration of any lease by reason of failure to file the notice herein required, the rights of any remainderman upon the expiration of any life estate or trust created within twenty-three years prior to the date of an affidavit made and recorded as prescribed by § 43-30-7, right founded upon any mortgage, trust deed, or contract for sale of lands which is not barred by the statute of limitation, or conditions subsequent in any deed.
Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
43-30-13. Right, title, or interest of state or United States unaffected by chapter.
This chapter shall not be deemed to affect the right, title, or interest of the State of South Dakota, or the United States in any lands in South Dakota.
Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
43-30-14. Right, title, or interest in land owned by public utility unaffected by chapter.
This chapter shall not apply to the right, title, or interest in any land owned by any railroad or other public utility corporation or any lessee, trustee, or receiver thereof; nor shall it apply to claims, liens, titles, or rights of action founded upon mortgages or trust deeds executed by any such corporations or the lessees, trustees, or receivers thereof.
Source: SL 1947, ch 233, § 11; SL 1951, ch 256, § 11; SDC Supp 1960, § 51.16B11.
43-30-15. Existing statutes of limitations and recording statutes not affected by chapter.
Nothing contained in this chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or the failure to record any instrument affecting lands.
Source: SL 1947, ch 233, § 8; SL 1951, ch 256, § 8; SDC Supp 1960, § 51.16B08.
43-30-16. Railroad property conveyances to or by state exempt from plat requirements--Filing map.
Conveyances of railroad property to or by the South Dakota railroad authority, the state or any of its subdivisions, including the conveyance of railroad rights-of-way, or any portion thereof, which are described by individual or cumulative metes and bounds descriptions or which are described by points of beginning and termination, railroad mileposts, railroad engineering survey station numbers, and right-of-way and track maps, are exempt from the provisions of chapter 11-3 and chapter 43-21. However, copies of right-of-way or track maps describing conveyances of railroad property to or by the South Dakota Railroad Authority, the state or any of its subdivisions, including the conveyance of linear railroad rights-of-way, or any portion thereof, shall be furnished to the director of equalization in each county wherein such conveyances shall be filed of record.
Source: SL 1981, ch 309, § 1.
43-30-17. Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc..
Any conveyance of property to or by South Dakota or any of its political subdivisions obtained from the United States of America, acting by and through the secretary of the Army, pursuant to and under authority of title VI of the Water Resources Development Act of 1999 (Public Law 106-53) as amended by the Water Resources Development Act of 2000 (Public Law 106-541), or any portion thereof, that is described by individual or cumulative metes and bounds descriptions or that is described by points of beginning and termination, water or contour elevations, federal engineering survey references, maps, highways, and other rights-of-way is exempt from the provisions of chapter 11-3 and chapter 43-21, provided the description contains references to the affected section, township, and range. The grantee shall furnish, if available, any copies of federal engineering survey references, maps, rights-of-way, and other documents describing conveyances of the property to or by South Dakota or any of its political subdivisions to the director of equalization in each county wherein the conveyances are filed. The exemption contained in this section does not apply to any conveyance of property title to private ownership.
Source: SL 2002, ch 199, § 1.
