§ 43-29-1 Title to real property unaffected by notice of pendency of action recorded after expirationof ten years from date of filing
§ 43-29-2 Mortgage or other lien upon real property discharged by record showing sale of propertyon foreclosure
§ 43-29-3 Acknowledgment of instrument affecting title to real property not subject to attack afterexpiration of ten years from date of filing
§ 43-29-4 Instruments affecting title to real property recorded for ten years or more–Variance innames–Presumptions
§ 43-29-5 Judgment or decree affecting title to real property conclusive after twenty years from dateof entry–Supporting proceedings deemed legally taken
§ 43-29-6 Curative provisions applicable to previously recorded instruments–Inapplicable to pendingactions
§ 43-29-7 Defect or omission in record respecting title to real estate existing for more than ten years–Correction unnecessary in order to make title marketable
§ 43-29-8 Defect or omission in record respecting title to real estate existing for more than twentyyears–Performance of acts to correct record unnecessary in order to make titlemerchantabl
§ 43-29-9 “Record” as used in marketable title provisions construed
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 29 - Title Defects Cured by Lapse of Time

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grantor: The person who establishes a trust and places property into it.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • 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.
  • 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