S.D. Admin. R. 20:36:04:04.01

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:36:04:04.01 - Scope of examination

The plant examination shall be divided into the following areas:

(1) The preparation of not less than 5 complete chains of title consisting of the book and page of the recorded instrument, type of instrument, parties to the instruments, and dates. The chains are to include any instruments filed of record which do not describe the specific property but which would affect title to the property;

(2) The running of not less than 20 chains of title limited to a notation as to the book and page of recorded instruments which describe the property;

(3) A list of 20 recorded instruments not affecting specific property shall be compiled by the board from the office of the register of deeds. The board shall check the list in the plant to see that they are properly indexed;

(4) The board shall examine not less than 20 instruments. If they are abbreviated takeoffs from recorded instruments, they will be checked against the original recorded instruments to see that they contain all essential parts of the instruments. If they are films or copies of the original recorded instruments, they will be checked to see that all essential parts of the instruments are clearly legible; and

(5) The board shall compile a list of 20 unsatisfied mechanics' or materialmen's liens which have been filed or renewed in the past 6 years in the office of the register of deeds and unsatisfied judgments which have been filed or renewed on the South Dakota Unified Judicial System; the board shall check the list in the plant to see that they are properly indexed. If there are fewer than 10 unsatisfied mechanics' or materialmen's liens in the office of the register of deeds, all of them shall be checked in the plant.

Plants may be examined on any other areas considered advisable by the board.

S.D. Admin. R. 20:36:04:04.01

3 SDR 49, effective 1/17/1976; 6 SDR 11, effective 8/14/1979; 12 SDR 151, 12 SDR 155, effective 7/1/1986; 34 SDR 73, effective 9/17/2007.

General Authority: SDCL 36-13-6, 36-13-6.1(7).

Law Implemented: SDCL 36-13-10.