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.

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Terms Used In South Dakota Codified Laws 43-30-2

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Trustee: A person or institution holding and administering property in trust.

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.