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§ 43-4-56 Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.

SD Codified L § 43-4-56 (2019) (N/A)
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43-4-56. Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents. An affidavit stating the facts enumerated under § 43-4-57 shall be recorded in the office of the register of deeds in the county in which the real property is situated prior to or simultaneously with a conveyance pursuant to § 43-4-55 of real property unburdened by a private transfer fee obligation. An affidavit filed under this section shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of such real property at the time of the signing of such affidavit, a reference to the instrument of record containing the private transfer fee obligation, and an acknowledgment that the affiant is testifying under penalty of perjury.

Source: SL 2011, ch 196, § 11.

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§ 43-4-55 Effect of failure to provide written statement of private transfer fee payable within thirty days of request.
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§ 43-4-57 Recorded affidavit constitutes prima facie evidence of stated facts.