Section 43-28-17 - Priority of first recorded conveyance of real property--Conveyancedefined. - South Dakota Statutes

43-28-17. Priority of first recorded conveyance of real property--Conveyance defined. Every conveyance of real property other than a lease for a term not exceeding one year is void as against any subsequent purchaser or encumbrancer including an assignee of a mortgage, lease, or other conditional estate of the same property, or any part thereof in good faith and for a valuable consideration whose conveyance is first duly recorded. The term "conveyance" as used in this section, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or encumbered or by which the title to any real property may be affected, except wills and powers of attorney.

Source: CivC 1877, §§ 671, 672; CL 1887, §§ 3293, 3294; RCivC 1903, §§ 986, 987; RC 1919, §§ 592, 593; SDC 1939, § 51.1620; SL 1941, ch 213.