CHAPTER 228
(SB 136)
Real estate document standards revised.
ENTITLED, An Act to
revise certain format standards for real estate documents filed at the
register of deeds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section
1.
That
§
43-28-23
be amended to read as follows:
43-28-23.
Any real estate document recorded with the register of deeds, except for plats, shall:
(1)
Consist of one or more individual sheets measuring no larger than 8.5 inches by 14
inches
. Beginning on July 1, 2004, the document shall consist of one or more individual
sheets measuring no larger
and no smaller
than 8.5 inches by 11 inches. No sheet may
be attached or affixed to a page that covers up any information or printed material on
the document. Any continuous document or any document sheets that are stapled, glued,
or bound together are subject to the additional fee established pursuant to subdivision
7-9-15(1);
(2)
Be printed, typewritten, or computer generated in black ink and the print type of the
document may not be smaller than 10-point type;
(3)
Be on white paper of not less than twenty pound weight;
(4)
Contain a blank space at the top measuring
no less than
three inches as measured from
the top of the
first
page. The right half shall be used by the register of deeds for
recording information and
the
left half
shall be
used
to designate
by
the document
preparer as required pursuant to
§
7-9-1
and may include a return designation and
address
.
Any subsequent page
All other margins
shall
have
be
a minimum of
a
one inch
margin on each side
;
(5)
Have a title prominently displayed at the top of the first page below the blank space
referred to in subdivision (4) of this section;
(6)
Be sufficiently legible to reproduce a readable copy using the register of deed's current
method of reproduction; and
(7)
Conform to the standards provided in
subdivision (1) of
this section or be subject to the
increased fees as provided in
§
7-9-15.
However, the register of deeds may not charge an increased fee for any document that has a seal
or stamp in a margin. Any affidavit of publication, corner record, survey, certified court or
governmental document, and UCC form recorded against real estate is exempt from the provisions
of this section. Any plat or survey and certified vital record attached to documents is also exempt
from the provisions of this section.
The provisions of this section do not apply to any real estate document prepared and executed
prior to July 1, 2002.
Signed March 4, 2003.
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