§ 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.

It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission in the record has existed of record for a period of more than ten years and the record does not show that any action has been brought with reference thereto, to wit: (1) Procure and record, or show on the abstract of title, a release of lis pendens where it appears from the record that the litigation has been concluded; (2) Procure and record, or show on the abstract of title, a satisfaction of a real estate mortgage or other lien when the record shows that an action or proceeding to foreclose such mortgage or other lien has been concluded either by a sale and transfer of the affected property pursuant thereto, or that the mortgage or other lien has been paid in full; (3) Procure and record, or show on the abstract of title, a certificate of authentication as to the official status of a notary public or other officer of this or any other state, territory, country, or the District of Columbia, who as appears from the record has taken an acknowledgment of a deed, mortgage, or other instrument affecting title to real estate, or by whom any oath has been administered in connection with any instrument affecting title to real estate, and at all times after ten years from the date of his signature, such notary public or other officer shall be presumed to have been duly authorized to execute such instrument in the capacity therein stated; (4) Procure and record, or show on the abstract of title, an affidavit or other showing that a person named in the record as grantee, grantor, or otherwise constitutes one and the same person as another grantee, grantor, or other person in the chain of title in any of the following instances: where a full first Christian name and middle initial, full middle name and first initial, or full first and middle names of the grantee, distributee, or otherwise, have been used and later, as grantor or otherwise, the initials of one or more of the same names have been used; where the initials of the first and middle names of the grantee, distributee, or otherwise have been used and later, as grantor or otherwise, the full first Christian name and middle initial, the full middle name and first initial, or the full first and middle names have been used; where the Christian name or names of the grantee, distributee, or otherwise is or are abbreviated and later, as grantor or otherwise, such name or names is or are spelled in full; or where the Christian name or names of the grantee, distributee, or otherwise is or are spelled in full and later, as grantor or otherwise, such name or names is or are abbreviated; and in all of the instances mentioned in this paragraph, in the absence of some showing of record to the contrary, such names shall be presumed to be that of one and the same person notwithstanding such discrepancies therein; (5) Procure and record, or show on the abstract of title, an affidavit of identity where the names in the chain of title are idem sonans, although differently spelled.

Legislative History

SL 1943, ch 176, § 1; SDC Supp 1960, § 51.16B13.