South Dakota Codified Laws 43-28-22. Real estate conveyance by fiduciary construed as made for purposes ofadministration–Time limit to enforce rights to property in trust, estate,or guardianship
All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such conveyances shall be treated as if the conveyances had been made to, or by, the fiduciary for purposes of administration.
If any person is construed to retain any right in property due to the fact that the person’s conveyance was to a trust, estate, or guardianship, and if no action or proceeding to enforce such right was commenced prior to July 1, 2003, such right shall be forever barred. No action or proceeding so brought involving real property is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 2003, a notice of the pendency of such action was recorded in the office of the register of deeds of the county where the property is located, in accordance with chapter 15-10.
Terms Used In South Dakota Codified Laws 43-28-22
- Fiduciary: A trustee, executor, or administrator.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- 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.
Source: SL 1991, ch 363, § 2; SL 2002, ch 100, § 14.