South Dakota § 44-8-12 Defeasance, to effect grant absolute on its face, must be recorded.

South Dakota Statutes

§ 44-8-12 — Defeasance, to effect grant absolute on its face, must be recorded.

South Dakota § 44-8-12

Title 44LIENS

Ch. 44-8REAL ESTATE MORTGAGES

This text of South Dakota § 44-8-12 (Defeasance, to effect grant absolute on its face, must be recorded.) 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 § 44-8-12 (2026).

Text

When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee, or his heirs, or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the register of deeds of the county where the property is situated.

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When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee, or his heirs, or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the register of deeds of the county where the property is situated.