Property Ownership
In South Dakota, 'constructive notice' of a property interest occurs when:
AA person directly informs another of their interest
BAn interest is recorded in public records, putting all subsequent parties on notice of it✓ Correct
CThe property is visibly occupied by the interest holder
DA court issues an injunction regarding the property
Explanation
Constructive notice is imputed by law when an instrument is recorded in the public records. All persons are deemed to have knowledge of recorded documents, whether or not they actually search the records.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EasementA non-possessory right to use another person's land for a specific purpose.
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
Life EstateA freehold interest in real property that lasts only for the duration of a specified person's life.
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