South Dakota Codified Laws 55-4-51.1. Recording of certificate of trust–Reliance upon content
A certificate of trust executed under § 55-4-51 may be recorded in the office of the register of deeds with respect to land described in the certificate of trust or any attachment to it. If it is recorded or filed in any county where real property is situated, or in the case of personal property, if it is presented to a third party, the certificate of trust serves to document the existence of the trust, the identity of the trustees, the powers of the trustees, and any limitations on those powers, and other matters the certificate of trust sets out, as though the full trust instrument had been recorded, filed, or presented. Until amended or revoked, or until the full trust instrument or will is recorded, filed, or presented, a certificate of trust is conclusive proof as to the matters contained in it and any party may rely upon the certificate, except a party who has actual knowledge of the facts to the contrary.
Terms Used In South Dakota Codified Laws 55-4-51.1
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Source: SL 2010, ch 232, § 8; SL 2019, ch 209, § 7.