February 7, 1984

Mr. John Fitzgerald 
Butte County State's Attorney 
Butte County Courthouse 
Belle Fourche, South Dakota 57717

OFFICIAL OPINION NO. 84-08

Meaning of post office address for filing purposes

Dear Mr. Fitzgerald:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

Various banks in Butte County have held deeds in escrow for many years.  As these contracts have been paid off, the deeds have been taken out of escrow and presented to the Butte County Register of Deeds for recording. 

The address of the grantees listed on these deeds contains only "Belle Fourche, South Dakota," or "Newell, South Dakota," as the address of the grantee.  The Butte County Register of Deeds refuses to file these deeds. The reason for the refusal is that they do not contain the post office address of the grantee in accordance with SDCL 7-9-7.

Based on the above facts you have asked the following questions:

QUESTIONS: 

1.  Does the name of the city where the grantee resides constitute the post office address within the meaning of SDCL 7‑9‑7? 

2.  In the event that the name of the city does not constitute the post office address, will an affidavit attached to the deed stating the grantee's address satisfy the requirements of SDCL 7‑9‑7?

IN RE QUESTION NO. 1:

SDCL 7-9-7(1) reads as follows: 

7-9-7.  No register of deeds may accept for record in his office: 

(1)  Any deed, or oil, gas or other mineral lease that does not include the Post-office address of the grantee or lessee and a legal description of the property conveyed or leased;

This section clearly contemplates the inclusion of the most detailed address possible for the grantee.  It is my opinion that where other information is available as a post office address, it must be included.  Therefore my answer to Question No. 1 is NO.

IN RE QUESTION NO. 2:

SDCL 43-28-21 reads as follows: 

43-28-21.  Every grantee who has a real estate conveyance recorded shall, at the time such conveyance is presented for recording, provide the register of deeds with his current legal mailing address.

It is my opinion that the filing of an affidavit stating the current legal address of the grantee would meet the requirements of SDCL 7-9-7 and 43-28-21.

Respectfully submitted,

Mark V. Meierhenry
Attorney General