South Dakota Code — 43
Browse 843 sections in division 43 of the South Dakota code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 43-1-1. Property defined.
- § 43-1-2. Classes of property.
- § 43-1-3. Real and personal property distinguished.
- § 43-1-4. Land as solid material of earth.
- § 43-1-5. Appurtenant to land defined--Mining machinery and equipment.
- § 43-1-6. Law governing real property.
- § 43-1-7. Law governing personal property.
- § 43-2-1. Ownership defined.
- § 43-2-2. Property and rights subject to ownership.
- § 43-2-3. Wild animals subject to ownership.
- § 43-2-4. Absolute or qualified ownership of property.
- § 43-2-5. Absolute ownership of property defined.
- § 43-2-6. Qualified ownership of property defined.
- § 43-2-7. Public or private ownership of property--State as private proprietor.
- § 43-2-8. Property owned by state.
- § 43-2-9. Right of individual to take, hold, and dispose of property.
- § 43-2-10. Sole ownership of property.
- § 43-2-11. Ownership of property by several persons.
- § 43-2-12. Joint tenancy interest--Title created by will or transfer.
- § 43-2-13. Conveyance of interest in property to spouse--Joint tenancy created.
- § 43-2-14. Conveyance to two or more grantees creating joint tenancy.
- § 43-2-15. Partnership interest defined.
- § 43-2-16. Interest in common defined.
- § 43-2-17. Interest created in several persons in their own right as interest in common.
- § 43-2A-1. Definitions.
- § 43-2A-2. Limitations on foreign ownership--Exceptions.
- § 43-2A-3. Agricultural land acquired in violation--Period to comply.
- § 43-2A-4. Aliens acquiring agricultural land by process of law--Time to alienate title.
- § 43-2A-5. Nonresident alien becoming bona fide resident--Right to acquire agricultural land.
- § 43-2A-6. Violation--Forfeiture to state--Minority interest--Civil penalty--Enforcement--Impact on title--Fractional interest--Appraisal.
- § 43-2A-6.1. Violation--Investigation--Subpoena power.
- § 43-2A-6.2. Violation--Burden of proof.
- § 43-2A-6.3. Violation--Appeal.
- § 43-2A-7. Reports monitored by Department of Agriculture and Natural Resources.
- § 43-2A-7.1. AFIDA report--Duplicate filing with department--Civil penalty.
- § 43-2A-8. Exception for property owned by corporation for nonfarming purposes--Cement Plant Commission property.
- § 43-2B-1. Definitions.
- § 43-2B-2. Prohibitions on foreign ownership.
- § 43-2B-3. Time to dispose interest.
- § 43-2B-4. Attorney general investigation of allegation--Subpoena power.
- § 43-2B-5. Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens.
- § 43-2B-6. Forfeited interest--Distribution of sale proceeds--Priority.
- § 43-2B-7. No duty to inquire unless expressly required--Liability limited.
- § 43-2B-8. No cause of action against state--No limitation on penalty or remedy.
- § 43-2B-9. Applicability.
- § 43-3-1. Duration of enjoyment of property--Conditional enjoyment.
- § 43-3-2. Effect of conditions precedent or subsequent.
- § 43-3-3. Validity of condition precedent requiring performance of wrongful or unlawful act.
- § 43-3-4. Validity of conditions imposing restraints upon marriage.
- § 43-3-5. Conditions restraining alienation--Effect of repugnancy.
- § 43-3-6. Mere possibility does not constitute an interest in property.
- § 43-3-7. Present or future interest--Time of enjoyment--Right to possession of property.
- § 43-3-8. Limitation, condition, or interest--Time of creation.
- § 43-3-9. Future interest vested or contingent.
- § 43-3-10. Vested future interest defined.
- § 43-3-11. Contingent future interest defined.
- § 43-3-12. Improbability of contingency does not invalidate future interest.
- § 43-3-13. Creation of future interests to take effect in the alternative.
- § 43-3-14. Limitation of future interest to successors, heirs, issue, or children--Rights of posthumous children.
- § 43-3-15. Effect of limitation of future interest by grant to take effect on death without issue.
- § 43-3-16. Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.
- § 43-3-17. Creator of future interest may provide for its termination.
- § 43-3-18. Future interest unaffected by act of owner of intermediate or precedent interest.
- § 43-3-19. Future interest not defeated by determination of precedent interest.
- § 43-3-20. Conveyance of future interest.
- § 43-3-21. Perpetual or limited interest in property--Duration of enjoyment.
- § 43-4-1. Transfer of property defined.
- § 43-4-2. Property subject to transfer--Rights of trustee, conservator, or personal representative.
- § 43-4-3. Property not subject to transfer.
- § 43-4-4. Voluntary transfer of property defined.
- § 43-4-5. Transfer without writing where not required by statute.
- § 43-4-6. Transfer in writing a grant.
- § 43-4-7. Grant takes effect upon delivery by grantor--Presumption as to delivery.
- § 43-4-8. Absolute delivery of grant required--Conditional delivery ineffective.
- § 43-4-9. Constructive delivery of grant--Agreement of parties.
- § 43-4-10. Constructive delivery of grant to stranger for benefit of grantee.
- § 43-4-11. Escrow delivery of grant.
- § 43-4-12. Redelivery of grant does not transfer title.
- § 43-4-13. Grant interpreted as contract.
- § 43-4-14. Construction of grant--Limitations--Operative words.
- § 43-4-15. Irreconcilable parts of grant--Prevailing part.
- § 43-4-16. Grantee favored in interpretation of grant--Exception.
- § 43-4-17. Title transferred--Intention of parties.
- § 43-4-18. Incidents included with thing transferred.
- § 43-4-19. Transfer of present interest and benefit of condition or covenant.
- § 43-4-20. Definition of terms.
- § 43-4-21. Imposition and amount of real estate transfer fee.
- § 43-4-22. Exemptions from real estate transfer fee.
- § 43-4-23. Exempt transfers to be marked.
- § 43-4-24. Collection of real estate transfer fee by register--Amount indicated on face of deed.
- § 43-4-25. Disposition of proceeds of real estate transfer fee collections--Records of register.
- § 43-4-26. Falsification of value of real estate or false claim of exemption as misdemeanor.
- § 43-4-27. Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes--Appreciation or depreciation in value considered.
- § 43-4-28. Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.
- § 43-4-37. Definition of terms for required disclosures in certain real estate transfers.
- § 43-4-38. Buyer furnished completed disclosure statement prior to written offer--Amendment.
- § 43-4-39. Terminating written offer made prior to disclosure statement.
- § 43-4-40. Liability for defect disclosed in statement.
- § 43-4-41. Good faith disclosure required.
- § 43-4-42. Residential real property disclosure statement--Liability for failure to comply.
- § 43-4-43. Application of disclosure statement requirements.
- § 43-4-44. Property condition disclosure statement.
- § 43-4-44.1. Additional disclosure--Residential real property under a homeowners' association.
- § 43-4-46. Transfer defined.
- § 43-4-47. Private transfer fee defined.
- § 43-4-48. Private transfer fee obligation defined.
- § 43-4-49. Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.
- § 43-4-50. Liability for private transfer fee obligations recorded or entered into after June 30, 2011.
- § 43-4-51. Disclosure of private transfer fee obligations.
- § 43-4-52. Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.
- § 43-4-53. Amendment to notice of transfer fee.
- § 43-4-54. Effect of failure to record notice of private transfer fee obligation.
- § 43-4-55. Effect of failure to provide written statement of private transfer fee payable within thirty days of request.
- § 43-4-56. Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.
- § 43-4-57. Recorded affidavit constitutes prima facie evidence of stated facts.
- § 43-5-1. Absolute power of alienation--Suspension--Limitation.
- § 43-5-2. Future interests suspending absolute power of alienation beyond prescribed limitation void.
- § 43-5-3. Term of years--Suspension of absolute ownership.
- § 43-5-4. Suspension of power to alienate trust as suspension of power of alienation.
- § 43-5-5. Computation of period for interest or trust created under power of appointment.
- § 43-5-6. Distribution according to intent of creator.
- § 43-5-7. Exempt transfers.
- § 43-5-8. Rule against perpetuities not in force.
- § 43-5-9. Limitation of actions to void existing instruments.
- § 43-6-1. Income of property defined.
- § 43-6-2. Disposition of income from future interests.
- § 43-6-3. Valid limitation of future interest--Suspension of power of alienation or ownership--Right to undisposed income.
- § 43-6-7. Accumulation of trust income.
- § 43-7-1. Duration of enjoyment of estates in real property.
- § 43-7-2. Classification of estates in real property.
- § 43-7-3. Estate of inheritance--Fee simple or absolute fee.
- § 43-7-4. Abolishment of estates tail--Fee tail is now a fee simple.
- § 43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.
- § 43-7-6. Estate during life of a third person is a freehold.
- § 43-8-1. Rights of life tenant--Use of land--Exception.
- § 43-8-2. Building and fences--Duty of life tenant to repair, and pay taxes and assessments.
- § 43-8-3. Lease for life--Recovery of rent due.
- § 43-8-4. Recovery of rent dependent upon life of another.
- § 43-8-5. Tenant for years or at will--Restriction of rights by instrument creating tenancy.
- § 43-8-6. Rights of tenant for years or at will not holding over.
- § 43-8-7. Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.
- § 43-8-8. Estate at will--Residential property--Termination by notice--Extended notice for active military service.
- § 43-8-8.1. Estate at will--Commercial property--Termination by notice.
- § 43-8-9. Written notice to terminate estate at will required--Manner of delivery--Posting on premises.
- § 43-8-10. Estate at will--Termination by notice--Reentry by landlord or action for possession.
- § 43-8-11. Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.
- § 43-8-12. Accrual of right to reenter--Notice of action for possession unnecessary.
- § 43-9-1. Freehold estate--Commencement at a future date.
- § 43-9-2. Limitation of future estate.
- § 43-9-3. Reversion, definition.
- § 43-9-4. Remainder, definition.
- § 43-9-5. Contingent remainder in fee created on prior remainder in fee.
- § 43-9-6. Successive estates for life--Limitation.
- § 43-9-7. Remainder upon successive estates for life.
- § 43-9-9. Estate for life cannot be limited as a remainder on a term of years--Exception.
- § 43-9-10. Conditional limitation--Remainder limited on contingency.
- § 43-9-11. Rights of heirs of life tenant when made remaindermen.
- § 43-9-12. Effect of remainder limited on estate for life or for years.
- § 43-9-13. Vesting of future estate unaffected by unexecuted power of appointment.
- § 43-9-14. Action for injury to inheritance--Right to maintain.
- § 43-11-1. Powers restricted to those specified.
- § 43-11-2. Creation of beneficial power in relation to real property limited.
- § 43-11-3. Simple power of attorney to convey not covered by chapter.
- § 43-11-4. Power, definition.
- § 43-11-5. Definition of terms--Author of power--Holder of power.
- § 43-11-6. Classification of powers.
- § 43-11-7. General power defined.
- § 43-11-8. Special power defined.
- § 43-11-9. Beneficial power defined.
- § 43-11-10. Power in trust defined.
- § 43-11-11. General power in trust defined.
- § 43-11-12. Special power in trust defined.
- § 43-11-13. Capacity to create power.
- § 43-11-14. Manner of creating power.
- § 43-11-15. Vesting of power.
- § 43-11-16. Grantor may reserve power in conveyance.
- § 43-11-17. Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.
- § 43-11-18. Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.
- § 43-11-19. Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.
- § 43-11-20. Effect of absolute power of disposition of estate not limited by a remainder.
- § 43-11-21. General and beneficial power to devise inheritance--Absolute power to dispose of fee.
- § 43-11-22. Power of disposition absolute where holder can dispose of entire fee in his lifetime.
- § 43-11-23. Special and beneficial power to make leases valid during life estate.
- § 43-11-24. Special and beneficial power to lease void only as to excess term.
- § 43-11-25. Transfer of power of owner of life estate to make leases.
- § 43-11-26. Release of power of owner of life estate to make leases.
- § 43-11-27. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.
- § 43-11-28. Effects on the power of a lien by mortgage.
- § 43-11-29. Power to sell real property given as security for payment of money as part of the security.
- § 43-11-30. Power irrevocable unless authorized by instrument creating the power.
- § 43-11-31. Power as a lien upon real property.
- § 43-11-32. Enforcement of powers for benefit of interested parties.
- § 43-11-33. Liability of power to claims of creditors.
- § 43-11-34. Execution of trust power for benefit of creditors or assignees of beneficiary.
- § 43-11-35. Right of trustee to select or exclude beneficiaries of trust.
- § 43-11-36. Release of power to appoint--Execution by donee--Terms and conditions.
- § 43-11-37. Validity of release of power to appoint.
- § 43-11-38. Release of power to appoint--Filing and recording--Sufficiency of delivery.
- § 43-11-39. Capacity to execute a power.
- § 43-11-40. Married woman's capacity to execute a power.
- § 43-11-41. Effect of execution of power by married woman.
- § 43-11-42. Execution of power vested in several persons.
- § 43-11-43. Written instrument required for execution of power.
- § 43-11-44. Power to dispose by grant not subject to execution by will.
- § 43-11-45. Power to dispose by devise or will--Execution by will required.
- § 43-11-46. Power authorizing execution of instrument insufficient to pass estate--Law governing.
- § 43-11-47. Power directing formalities in addition to legal requirements--Observance unnecessary.
- § 43-11-48. Instrument in execution of power a conveyance--Record required.
- § 43-11-49. Nominal conditions annexed to power disregarded.
- § 43-11-50. Intention of author of power to be observed--Exception.
- § 43-11-51. Consent of third person to execution of power--Writing required--Signature.
- § 43-11-52. Consent of several persons to execution of power--Sufficiency of consent of survivors.
- § 43-11-53. Effect of more extensive disposition or charge than authorized by power.
- § 43-11-54. Time during which right of alienation suspended by instrument in execution of power.
- § 43-11-55. Conditions existing at the time of the creation of a power determine legality.
- § 43-11-56. Discretionary power of trustee as to distribution of estate or fund.
- § 43-11-57. Disposition under power to several persons--Allotment in equal proportions.
- § 43-11-58. Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.
- § 43-11-59. Fraud in instruments in execution of a power.
- § 43-11-60. Valid execution of instrument without reference to power.
- § 43-11-61. Defective execution of power--Proper execution adjudged in favor of beneficiaries.
- § 43-11-62. Defective execution of power--Relief of purchasers for a valuable consideration.
- § 43-11-63. Failure to designate person to execute power in trust created by will--Execution by circuit court.
- § 43-11-64. Misconduct of trustee--Removal by circuit court--Law governing.
- § 43-12-1. Covenants running with land defined.
- § 43-12-2. Classification of covenants running with land.
- § 43-12-3. Parties bound by covenants running with land.
- § 43-12-4. Covenants running with land--Limitation to certain assigns.
- § 43-12-5. Liability for breach of covenant running with land.
- § 43-12-6. Apportionment of burden or benefit of covenant running with land between several titles.
- § 43-12-7. Covenants running with land--Firearms and ammunition--Void--Severable.
- § 43-13-1. Granting and holding of servitudes not attached to land.
- § 43-13-2. Easements--Definition--Classification.
- § 43-13-3. Definition of terms--Dominant tenement--Servient tenement.
- § 43-13-4. Creation of servitude--Vested estate in servient tenement necessary.
- § 43-13-5. Extent of servitude--Determination.
- § 43-13-6. Owner of servient tenement cannot hold servitude--Extinguishment of servitude.
- § 43-13-6.1. Owner of servient tenement cannot hold servitude--Exception for creator.
- § 43-13-7. Effect of partition of dominant tenement--Apportionment of burden--Limitation.
- § 43-13-8. Use of easements by owner of future estate in dominant tenement.
- § 43-13-9. Owner or occupant of dominant tenement--Right to enforce easement.
- § 43-13-10. Owner in fee of servient tenement--Action for possession of land--Public servitude.
- § 43-13-11. Destruction of servient tenement extinguishes servitude.
- § 43-13-12. Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
- § 43-13-13. Servitude acquired by enjoyment extinguished by disuse for prescribed period.
- § 43-13-16. Wind easement defined.
- § 43-13-16.1. Solar easement defined.
- § 43-13-17. Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances.
- § 43-13-18. Contents of wind or solar easement instruments.
- § 43-13-19. Severance of wind or solar energy rights limited.
- § 43-13-20. Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception.
- § 43-13-20.1. Extension of wind development period--Filing of affidavit.
- § 43-13-20.2. Development of potential to produce energy from wind power or solar power.
- § 43-13-20.3. Additional contents of wind or solar easement documents.
- § 43-13-20.4. Waiting period for execution of wind or solar easement or lease.
- § 43-13-20.5. Confidentiality agreements.
- § 43-13-21. Small wind energy system defined.
- § 43-13-22. Large wind energy system defined.
- § 43-13-23. Small wind energy system set back requirement--Exception.
- § 43-13-24. Large wind energy system set back requirement--Exception.
- § 43-13-25. Enforcement of farm tap easements.
- § 43-13-26. Carbon pipeline easement--Definitions.
- § 43-13-27. Carbon pipeline easement--Grant--Recording--Term--Deadline for use--Attachment--Encumbrance--Expiration for nonuse.
- § 43-13A-1. Rejected by referendum.
- § 43-13A-2. Rejected by referendum.
- § 43-14-1. Occupancy conferring title--Exceptions.
- § 43-14-2. Title by prescription--Occupancy for period prescribed by law.
- § 43-14-3. Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land.
- § 43-15A-1. Definition of terms.
- § 43-15A-2. Estates subject to chapter.
- § 43-15A-3. Establishment of condominium project--Master deed or lease.
- § 43-15A-4. Particulars required in master deed or lease.
- § 43-15A-5. Common areas defined.
- § 43-15A-6. Joint or common ownership.
- § 43-15A-7. Exclusive and common rights of owners.
- § 43-15A-8. Recording of transfers and encumbrances of individual units.
- § 43-15A-9. Recording of master deeds and leases--Tax inapplicable to original recordation.
- § 43-15A-10. Notice of intent to sell domestic condominium--Contract voidable if notice not given.
- § 43-15A-11. Fee to accompany notice of intent--Questionnaire--Form and content.
- § 43-15A-12. Inspection of condominium project.
- § 43-15A-13. Waiver of initial inspection.
- § 43-15A-14. Filing fee and inspection expenses to accompany notice of intent--Payment to inspector.
- § 43-15A-15. Deposit and expenditure of fees.
- § 43-15A-16. Public report of examination findings--Status of report.
- § 43-15A-17. Commission report required before offer to sell or taking reservations to purchase.
- § 43-15A-18. Supplementary report on investigations made after final or substitute report issued--True copy to purchasers.
- § 43-15A-19. Copy of reports issued to prospective purchaser before binding contract for sale--Time to read copy--Receipt.
- § 43-15A-20. True copies to be exact reproductions of commission's reports.
- § 43-15A-21. Receipts kept by developer--Inspection--Duration.
- § 43-15A-22. Material change in offering prohibited without written notice.
- § 43-15A-23. Deposits held in escrow until delivery of deed.
- § 43-15A-24. Management or recreation facility contract period limited--Subsequent contracts by council of co-owners.
- § 43-15A-25. False statement, fraud, or violation of provisions as misdemeanor.
- § 43-15A-26. Investigation of developer suspected of violations--Examination of books--Developers to keep records available.
- § 43-15A-28. Validation of previously established vertical and horizontal property regimes and condominiums--Deadline for enforcing rights--Notice of pendency.
- § 43-15A-29. Lien for erection, repair, or improvement of a single development--Apportionment of liens.
- § 43-15A-30. Promulgation of rules to administer and enforce chapter.
- § 43-15B-1. "Time-share" defined.
- § 43-15B-2. Restrictions on sales.
- § 43-15B-3. Registration of projects.