South Dakota Statutes

§ 44-8-11 — Instrument intended as mortgage of real property--Recording as mortgage necessary.

South Dakota § 44-8-11
JurisdictionSouth Dakota
Title 44LIENS
Ch. 44-8REAL ESTATE MORTGAGES

This text of South Dakota § 44-8-11 (Instrument intended as mortgage of real property--Recording as mortgage necessary.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 44-8-11 (2026).

Text

Every grant of real property, or of any estate therein, which appears, by any other writing, to be intended as a mortgage, must be recorded as a mortgage; and if such grant and other writing explanatory of its true character are not recorded together at the same time and place, the grantee can derive no benefit from such record.

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Legislative History

CivC 1877, § 1740; CL 1887, § 4370; RCivC 1903, § 2070; RC 1919, § 1574; SDC 1939, § 39.0306.

Nearby Sections

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Bluebook (online)
South Dakota § 44-8-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/44-8-11.