South Dakota § 43-25-35 - Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception.
Full text of South Dakota South Dakota Codified Laws § 43-25-35 — Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception., with citation guidance and answers to common questions.
§ 43-25-35. Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception.
No instrument is to be avoided under § 43-25-34 in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.
Source: CivC 1877, § 677; CL 1887, § 3299; RCivC 1903, § 992; RC 1919, § 598; SDC 1939, § 51.1406.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-25-35
What does South Dakota Codified Laws § 43-25-35 cover?
Section 43-25-35 ("Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception.") 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 § 43-25-35?
A common citation format is "South Dakota Codified Laws § 43-25-35" (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 § 43-25-35 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.