S.D. Codified Laws § 43-30 app. 7-12

Current through the 2024 Legislative Session

Section 7-12 - Instruments which are altered and re-recorded

The act of re-recording an instrument, after it has been materially altered, does not of itself destroy the rights of the parties to the original unaltered instrument.

To give effect to a material alteration of a previously recorded document affecting title to real property, the instrument must be re-executed, re-acknowledged, re-delivered and re-recorded. However, a grantor cannot unilaterally derogate from a previous grant; see Standard 3.4.

A material alteration to an instrument is defined as an alteration which changes the legal effect of the instrument or the rights and liabilities of the parties to the original instrument.

SDCL app TO CHAPTER 43-30 § 7-12