Request before action for quitclaim deed--Expense tendered--Costs and attorney fees

A person or entity is liable for costs, disbursements, and reasonable attorney's fees if the party seeking to quiet title is successful, and at least twenty days before bringing suit, the party seeking to quiet title:

(1) Delivers to the person or entity, and requests the person or entity to execute and return, a quitclaim deed or other instrument necessary to divest the person or entity of an apparent adverse interest or right;

(2) Tenders to the person or entity one hundred dollars for costs associated with the handling and notarization of the instrument; and

(3) The person or entity refuses or neglects to comply with the request.

Source: SL 1913, ch 170; RC 1919, § 2867; SDC 1939 & Supp 1960, § 37.1523; SL 2024, ch 78, § 1.