§ 43-30-3 — Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.

Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty - two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interest, claims, and charges affecting such interest in real property shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty - three years from the date of recording of deed of conveyance under which title is claimed, or on or before July 1, 1958, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend his time for filing such claim after the expiration of twenty - three years from the recording of such deed of conveyance or one year after July 1, 1957, whichever event is the latest in point of time.

Legislative History

SL 1947, ch 233, § 3; SL 1951, ch 256, § 3; SL 1957, ch 266, § 3; SDC Supp 1960, § 51.16B03.