Chapter 11 - Affidavits Affecting Title
CHAPTER 11 - AFFIDAVITS AFFECTING TITLE
34-11-101. Recorded affidavit as evidence; subjects; facts.
(a) An affidavit stating facts relating to matters which mayaffect the title to real estate in this state, made by any person havingknowledge of the facts and competent to testify concerning them in open court,may be recorded in the office of the county clerk in the county in which thereal estate is situated. A certificate of acknowledgement shall not be requiredon an affidavit containing a jurat in order to be recorded. A recordedaffidavit or a certified copy thereof is prima facie evidence of the factstherein stated insofar as the facts affect title to real estate.
(b) The affidavits may relate to the following matters: age,sex, birth, death, relationship, family history, names, identity of parties,marital status, homestead status, possession, occupancy possession, residence,service in the armed forces, conflicts and ambiguities in descriptions of landin recorded instruments, and the happening of any condition or event which mayterminate an estate or interest.
(c) The affidavits shall include a description of the land,title to which may be affected by facts stated in the affidavit, and shallstate the name of the person appearing by the record to be the owner of theland at the time of the recording of the affidavit. The county clerk shallindex the affidavit in the name of the record owner and in the same manner asdeeds are recorded.