§ 43-29-8 — Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or 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 has existed of record for a period of more than twenty years and the record does not show that any action has been commenced with reference thereto, to wit: (1) Make any showing or explanation as to the absence of a corporate, notary, or other official seal of any kind; and after twenty years from the date of the instrument, such person purporting to act as a corporate official, notary public, or other official shall be presumed to have been authorized to act in the same manner as though the proper seal had been affixed to said instrument; (2) Make any showing or explanation as to interest or lack of interest of anyone encumbering real estate to which the record does not show such person to have had title; (3) Make any showing or explanation where a reference has been made in any instrument to a mortgage, and no mortgage answering such description is shown by the abstract of title to have been of record at such time; (4) Make any showing or explanation as to the marital status of a person by reason of the omission of a description of such marital status from either the body of the instrument or the acknowledgment; (5) Obtain any conveyance, release, or explanation by reason of any option which, under its terms, required that it be exercised more than twenty years theretofore.

Legislative History

SL 1945, ch 215, § 1; SDC Supp 1960, § 51.16B14.