South Dakota Codified Laws 43-28-16. Notice imparted by instruments defectively executed or acknowledgedor describing unplatted property prior to December 31, 1988–Rights ofpurchasers or encumbrancers
Any instrument affecting real property which was previous to December 31, 1988, copied into the proper book of record kept in the office of any register of deeds shall be deemed to impart after that date, notice of such instrument and its contents to subsequent purchasers and encumbrancers notwithstanding any defect, omission, or informality in the execution of the instrument or in the certificate of acknowledgment thereof, or the absence of such certificate of acknowledgment, or the omission of any notarial or corporate seal from such instrument or the absence of any post office address of any grantee, mortgagee, or assignee of mortgagee, from any instrument, and notwithstanding the fact that the property described in such instrument was not platted as required by chapter 43-21, prior to the recording of such instrument; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers who became such prior to December 31, 1988.
Terms Used In South Dakota Codified Laws 43-28-16
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
Source: SL 1961, ch 469; SL 1989, ch 30, § 74.