2011 South Dakota Code
Title 43 PROPERTY
Chapter 30. Marketable Title To Real Estate
§APPENDIX TO CHAPTER 43-30.

APPENDIX TO CHAPTER 43-30

STATE BAR OF SOUTH DAKOTA 2002 TITLE STANDARDS

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

INTRODUCTION

The State Bar of South Dakota Title Standards are the work of the Real Property, Probate and Trust Section's Title Standards Committee. The Standards themselves are not the authority. Rather, they are in some sense a restatement of the law designed to aid the practitioner in determining the current status of practice in a particular area.

The Standards are based on existing South Dakota statutes and case law from South Dakota's courts and other relevant jurisdictions. The committee members' experience with the relevant authorities is crucial to drafting Standards.

The 2002 Standards are in part based on the Model Title Standards, existing South Dakota Title Standards and various Title Standards from other jurisdictions, predominantly North Dakota and Nebraska. The Title Standards Committee has discovered that to be most useful the Title Standards must keep pace with the ever-evolving landscape of the law. The ideal way to achieve this goal is through a standing Title Standards Committee charged with an on-going review of statutory and case law whose members are familiar with the dynamics of practice, enabling them to draft and revise Standards as necessary.

Citation

These Title Standards may be cited as 2002 South Dakota Title Standards referencing the appropriate Standard number. The citation may be abbreviated 2002 SDTS.