2011 South Dakota Code
Title 43 PROPERTY
Chapter 30. Marketable Title To Real Estate
§43-30-7 Affidavit of possession of real property--Contents--Recording--Time for filing--State railroad property.

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.