South Dakota § 44-9-7 - Attachment and taking effect of lien--Preference over other encumbrances.

Full text of South Dakota South Dakota Codified Laws § 44-9-7 — Attachment and taking effect of lien--Preference over other encumbrances., with citation guidance and answers to common questions.

§ 44-9-7. Attachment and taking effect of lien--Preference over other encumbrances.

Such lien as against the owner of the property shall attach and take effect from the time the first item of material or labor is furnished upon the premises by the lien claimant, and shall be preferred to any mortgage or other encumbrance not then of record, unless the lien holder had actual notice thereof.

Source: SL 1913, ch 263, § 4; SL 1917, ch 295, § 1; RC 1919, § 1646; SDC 1939, § 39.0707; SL 1982, ch 301.

Source: official South Dakota text · Last verified 2026-08-27

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Frequently Asked Questions About South Dakota § 44-9-7

What does South Dakota Codified Laws § 44-9-7 cover?

Section 44-9-7 ("Attachment and taking effect of lien--Preference over other encumbrances.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 44-9-7?

A common citation format is "South Dakota Codified Laws § 44-9-7" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 44-9-7 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.