S.D. Codified Laws § 43-20-2 — SD Code / Title 43 / Chapter 20 / Section 43-20-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Accessory to a corner," any exclusively identifiable physical object whose spatial relationship to the corner is recorded. The term includes bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other similar objects;

(2) "Board," the Board of Technical Professions;

(3) "Corner," unless otherwise qualified, a property corner, a property controlling corner, or a public land survey corner;

(4) "Monument," an accessory that is presumed to occupy the exact position of a corner;

(5) "Property controlling corner," any corner that may or may not lie on a property line, but that controls the location for one or more property corners;

(6) "Property corner," a geographic point that controls a property line;

(7) "Public land survey corner," any corner established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the state or federal government;

(8) "Reference monument," a special monument that does not occupy the same geographical position as the corner itself, but whose spatial relationship to the corner is recorded and serves to witness the corner;

(9) "Survey," any field operation in which corners are used to locate streets, roads, utilities, airports, railroads, buildings, dams, canals, drainage ways, or any other works as well as property boundaries;

(10) "Registered land surveyor," a person who is licensed by the board and is in good standing and legally authorized to practice land surveying in this state.

Source: SL 1967, ch 58, § 3; SL 1982, ch 297, § 5; SL 1990, ch 309, § 4; SL 2019, ch 176, § 2.
S.D. Codified Laws § 43-11-51 — SD Code / Title 43 / Chapter 11 / Section 43-11-51
Consent of third person to execution of power--Writing required--Signature
Status: in_force

When the consent of a third person to the execution of a power is requisite, such consent must be expressed in the instrument by which the power is executed or be certified in writing thereon. In the first case the instrument of execution, in the second, the certificate, must be subscribed by the party whose consent is required and to entitle the instrument to be recorded, such signature must be duly proved or acknowledged according to chapter 18-4 .

Source: CivC 1877, § 325; CL 1887, § 2841; RCivC 1903, § 348; RC 1919, § 416; SDC 1939, § 59.0429.
S.D. Codified Laws § 43-23-4 — SD Code / Title 43 / Chapter 23 / Section 43-23-4
Description and specifications for legal partition fence--Wire spacing
Status: in_force

Where such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound wood posts at least six and one - half feet long and four inches in diameter, and firmly set at least two feet in the earth and not over thirty feet apart, or concrete posts six feet or more in length, having a diameter of not less than four inches and having a reinforcing rod not less than one - fourth inch in diameter throughout the full length thereof, firmly set and spaced as in the case of wood posts, or of steel posts not less than five and one - half feet in length, firmly set at least seventeen inches in the earth and not over twenty feet apart, or a combination of steel and concrete or wood posts in a ratio of not more than three steel posts to one of wood or concrete as above specified, firmly set as aforesaid according to the type of post and not over twenty - five feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each at least four strands of ordinary commercial barbed fencing wire, the lower strand to be eighteen inches, the next twenty - eight inches, the third thirty - eight inches, and the fourth forty - eight inches from the earth. A deviation of not more than two inches in the wire spacing shall be considered to be in compliance with this section.

Source: SL 1909, ch 197, § 3; RC 1919, § 10533; SDC 1939, § 19.0103 (2); SL 1949, ch 79; SL 1973, ch 274.
S.D. Codified Laws § 43-28-3 — SD Code / Title 43 / Chapter 28 / Section 43-28-3
Instruments recorded without acknowledgment or further proof--Use of certified copies as evidence
Status: in_force

Copies of the records of such patents to real estate, final certificates, patents, contracts of sale of the State of South Dakota, and certificates of discharge of veterans and persons in the military service of the United States as specified in § 43-28-2 and of the record of such duly certified copy of any of the same, shall, when duly certified by the custodian of such records, be admissible in evidence without further proof.

Source: CivC 1877, § 647; SL 1879, ch 47, § 1; CL 1887, § 3268; RCivC 1903, § 961; SL 1905, ch 149; RC 1919, § 569; SL 1921, ch 352; SL 1923, ch 253; SL 1925, ch 265; SDC 1939, § 51.1603.
S.D. Codified Laws § 43-13-20.1 — SD Code / Title 43 / Chapter 13 / Section 43-13-20.1
Extension of wind development period--Filing of affidavit
Status: in_force

The five-year development period specified in §§ 43-13-17 and 43-13-19 shall be extended to a maximum development period of twelve years only for a wind developer that files a sworn affidavit with the Public Utilities Commission. The affidavit is for informational purposes only and shall:

(1) State the intention of the wind developer to pursue a proposed wind energy project of five hundred megawatts or greater in nameplate capacity and a transmission solution for the project involving an interstate electric transmission line with a design of 345 kV or greater; and

(2) Describe the geographic area covered by the project.

The twelve-year period applies to any wind easement or wind lease for property within the geographic area described in the affidavit and held under a wind easement or wind lease by the developer filing the certification or its affiliate, member, or partner.

The twelve-year maximum development period commences on the earlier of the effective date of the wind easement or wind lease or the date the wind easement or wind lease was executed by all parties to the agreement.

Source: SL 2010, ch 213, § 3; SL 2017, ch 188, § 6.
S.D. Codified Laws § 43-19-5 — SD Code / Title 43 / Chapter 19 / Section 43-19-5
Minutes of survey--Bearings and distances between monuments--Recording
Status: in_force

Such surveyor shall make, in all cases, a certificate setting forth correct and full minutes of the survey, and giving exact bearings and distances of each monument from each other monument nearest it on any line in the township, and such statement shall be recorded in the office of the register of deeds of the county.

Source: SL 1890, ch 35, § 3; RPolC 1903, § 1152; RC 1919, § 6142; SDC 1939, § 58.1202.
S.D. Codified Laws § 43-26-9 — SD Code / Title 43 / Chapter 26 / Section 43-26-9
Prepayment privilege implied in real estate contract
Status: in_force

Any contract made in this state for the purchase and sale of realty shall be interpreted as including an agreement that the vendee shall have the right to tender, and the vendor shall have the duty to accept, prepayment of the balance of the contract price with accrued interest at any time without penalty to the vendee, unless the contract expressly provides otherwise.

Source: SL 1973, ch 275.
S.D. Codified Laws § 43-4-50 — SD Code / Title 43 / Chapter 4 / Section 43-4-50
Liability for private transfer fee obligations recorded or entered into after June 30, 2011
Status: in_force

Any person who records or enters into an agreement imposing a private transfer fee obligation in the person's favor after June 30, 2011, is liable for any damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including the amount of any transfer fee paid by a party to the transfer, and any attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any transfer fee paid or in connection with an action to quiet title. If an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent.

Source: SL 2011, ch 196, § 5.
S.D. Codified Laws § 43-41B-18 — SD Code / Title 43 / Chapter 41B / Section 43-41B-18
Report of abandoned property--Promulgation of rules
Status: in_force

A person holding property, tangible or intangible, which is presumed abandoned and subject to custody as unclaimed property under this chapter, shall report to the administrator concerning the property as provided in this section. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the state treasurer.

The holder of unclaimed property shall, before filing the annual report required by this section, communicate with the owner and take necessary steps to prevent abandonment from being presumed by exercising due diligence to ascertain the whereabouts of the owner. For property having a value of fifty dollars or more, the holder shall mail notice to each person entitled to the property presumed abandoned under this chapter, except that mailing of notice is not required if the holder's records indicate the owner's address is inaccurate.

The mailed notice must contain a statement that, according to the records of the holder, property is being held, to which the addressee appears to be entitled, and which will escheat to the state. The notice must also contain information regarding any changes of the name of the holder. In the case of securities deemed abandoned pursuant to subdivision 43-41B-2 (a) and § 43-41B-10 , or safe deposit box contents deemed abandoned pursuant to § 43-41B-17 , the notice must state that the property may be sold by the administrator. In the case of virtual currency deemed abandoned pursuant to § 43-41B-45 , the notice must state that the property may be sold by the holder prior to remittance to the administrator.

The report must be verified and must include:

(1) Except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing from the records of the holder to be the owner of property of the value of ten dollars or more presumed abandoned under this chapter;

(2) In the case of unclaimed funds of ten dollars or more held or owing under any life or endowment insurance policy or annuity contract, the full name and last known address of the insured or annuitant and of the beneficiary according to the records of the insurance company holding or owing the funds;

(3) In the case of the contents of a safe deposit box or other safekeeping repository or of other tangible property, a description of the property and the place where it is held and may be inspected by the administrator and any amounts owing to the holder;

(4) The nature and identifying number, if any, or description of the property and the amount appearing from the records to be due, provided that items of value under ten dollars each may be reported in the aggregate;

(5) The date the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property; and

(6) Other information the administrator prescribes by rule as necessary for the administration of this chapter.

If the person holding property presumed abandoned and subject to custody as unclaimed property is a successor to other persons who previously held the property for the apparent owner, or the holder's name has changed while holding the property, the holder must file with the report all known names and addresses of each previous holder of the property.

The report must be filed before November first of each year as of June thirtieth, next preceding, but the report of any life insurance company must be filed before May first of each year as of December thirty-first next preceding. On written request by any person required to file a report, the administrator may postpone the reporting date or waive any interest fees or penalties.

Source: SL 1992, ch 312, § 17; SL 1993, ch 326, § 4; SL 2019, ch 194, § 2; SL 2025, ch 183, § 3.
S.D. Codified Laws § 43-31-8 — SD Code / Title 43 / Chapter 31 / Section 43-31-8
Description of homestead--Recording
Status: in_force

The description of the homestead, certified and acknowledged by the owner, shall be recorded by the register of deeds of the proper county.

Source: SL 1874-5, ch 37, § 11; PolC 1877, ch 38, § 11; CL 1887, § 2459; RPolC 1903, § 3227; RC 1919, § 462; SDC 1939, §§ 51.1712, 51.1713; SL 1981, ch 13, § 11; SL 2008, ch 226, § 1.
S.D. Codified Laws § 43-39-17 — SD Code / Title 43 / Chapter 39 / Section 43-39-17
Extent of liability of depository for negligence
Status: in_force

The liability of a depository for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth.

Source: CivC 1877, § 1052; CL 1887, § 3676; RCivC 1903, § 1371; RC 1919, § 988; SDC 1939, § 60.0102 (14).
S.D. Codified Laws § 43-35-4 — SD Code / Title 43 / Chapter 35 / Section 43-35-4
Executory agreement for sale or exchange of personal property--Transfer of title--Exception
Status: in_force

Title is transferred by an executory agreement for the sale or exchange of personal property, only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in manner sufficient to constitute legal tender, except as may be otherwise provided in chapter 57A-2 .

Source: CivC 1877, § 637; CL 1887, § 3258; RCivC 1903, § 951; RC 1919, § 559; SDC 1939, § 51.1504.
S.D. Codified Laws § 43-18-7 — SD Code / Title 43 / Chapter 18 / Section 43-18-7
Original boundaries and monuments--Use in resurveys
Status: in_force

In retracing lines or making the survey the surveyor shall take care to observe and follow the boundaries and monuments as run and marked by the original survey, but shall not give undue weight to partial and doubtful evidence or appearances of monuments, the recognition of which shall require the presumption of marked errors in the original survey, and he shall note an exact description of such apparent monuments.

Source: PolC 1877, ch 21, § 102; CL 1887, § 694; RPolC 1903, § 926; RC 1919, § 5993; SDC 1939, § 12.1207.
S.D. Codified Laws § 43-45-15 — SD Code / Title 43 / Chapter 45 / Section 43-45-15
Legislative intent
Status: in_force

The Legislature of the State of South Dakota hereby declares that §§ 43-45-16 to 43-45-18 , inclusive, is for the purpose of absolutely exempting certain retirement benefits in a reasonable amount from all process, levy, or sale pursuant to the S.D. Const., Art. XXI, § 4. The Legislature hereby finds §§ 43-45-16 to 43-45-18 , inclusive, is necessary to insure that a debtor enjoys the comforts and necessities of life during retirement years.

Source: SL 1997, ch 250, § 1.
S.D. Codified Laws § 43-36-6 — SD Code / Title 43 / Chapter 36 / Section 43-36-6
Gift in view of death--Revocation--Rights of bona fide purchaser protected
Status: in_force

A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same time; but when the gift has been delivered to the donee, the rights of a bona fide purchaser from the donee before the revocation shall not be affected by the revocation.

Source: CivC 1877, § 644; CL 1887, § 3265; RCivC 1903, § 958; RC 1919, § 566; SDC 1939, § 51.1510.
S.D. Codified Laws § 43-41B-10 — SD Code / Title 43 / Chapter 41B / Section 43-41B-10
Stock and other intangible interests in business associations
Status: in_force

(a) Except as provided in subsections (b) and (e), stock or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if a dividend, distribution, or other sum payable as a result of the interest has remained unclaimed by the owner for three years and the owner within three years has not:

(1) Communicated in writing with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest; or

(2) Otherwise communicated with the association regarding the interest or a dividend, distribution, or other sum payable as a result of the interest, as evidenced by a memorandum or other record on file with the association prepared by an employee of the association.

(b) At the expiration of a three-year period following the failure of the owner to claim a dividend, distribution, or other sum payable to the owner as a result of the interest, the interest is not presumed abandoned unless there have been at least three dividends, distributions, or other sums paid during the period, none of which has been claimed by the owner. If three dividends, distributions, or other sums are paid during the three-year period, the period leading to a presumption of abandonment commences on the date payment of the first such unclaimed dividend, distribution, or other sum became due and payable. If three dividends, distributions, or other sums are not paid during the presumptive period, the period continues to run until there have been three dividends, distributions, or other sums that have not been claimed by the owner.

(c) The running of the three-year period of abandonment ceases immediately upon the occurrence of a communication referred to in subsection (a). If any future dividend, distribution, or other sum payable to the owner as a result of the interest is subsequently not claimed by the owner, a new period of abandonment commences and relates back to the time a subsequent dividend, distribution, or other sum became due and payable.

(d) At the time an interest is presumed abandoned under this section, any dividend, distribution, or other sum then held for or owing to the owner as a result of the interest, and not previously presumed abandoned, is presumed abandoned.

(e) This chapter does apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest if the records available to the administrator of the plan show, with respect to any intangible ownership interest not enrolled in the reinvestment plan, that the owner has not within three years communicated in any manner described in subsection (a).

Source: SL 1992, ch 312, § 10; SL 2012, ch 209, § 6.
S.D. Codified Laws § 43-41-1 — SD Code / Title 43 / Chapter 41 / Section 43-41-1
Obligation of finder of lost thing
Status: in_force

One who finds a thing lost is not bound to take charge of it; but if he does so, he is thenceforward a depository for the owner, with the rights and obligations of a depository for hire.

Source: CivC 1877, § 1064; CL 1887, § 3688; RCivC 1903, § 1384; RC 1919, § 1007; SDC 1939, § 60.0201.
S.D. Codified Laws § 43-4-5 — SD Code / Title 43 / Chapter 4 / Section 43-4-5
Transfer without writing where not required by statute
Status: in_force

A transfer may be made without writing in every case in which a writing is not expressly required by statute.

Source: CivC 1877, § 604; CL 1887, § 3227; RCivC 1903, § 920; RC 1919, § 522; SDC 1939, § 51.1303.
S.D. Codified Laws § 43-17-21 — SD Code / Title 43 / Chapter 17 / Section 43-17-21
Water Management Board to establish and mark high and low water marks on public lakes--Change on change in natural conditions
Status: in_force

The Water Management Board shall establish, pursuant to § 43-17-28 and in accordance with the contested case provisions of chapter 1-26 , the ordinary high water mark and install benchmarks and may establish the ordinary low water mark on public lakes which are used for public purposes including, but not limited to boating, fishing, swimming, hunting, skating, picnicking, and similar recreational pursuits. The board may rescind and redetermine the ordinary high water mark and ordinary low water mark, in accordance with the contested case provisions of chapter 1-26 , should significant natural changes occur in these levels as determined by the board.

Source: SL 1978, ch 305, § 2; SL 1981, ch 308, § 2; SL 1985, ch 337, § 3.
S.D. Codified Laws § 43-35-5 — SD Code / Title 43 / Chapter 35 / Section 43-35-5
Transfer of possession of personal property, with power of disposition, to another--Executed sale by transferee--Legal effect
Status: in_force

Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such buyer the title of the former owner, though he may be entitled to rescind, and does rescind the transfer made by him.

Source: CivC 1877, § 638; CL 1887, § 3259; RCivC 1903, § 952; RC 1919, § 560; SDC 1939, § 51.1505.
S.D. Codified Laws § 43-7-1 — SD Code / Title 43 / Chapter 7 / Section 43-7-1
Duration of enjoyment of estates in real property
Status: in_force

Estates in real property, in respect to the duration of their enjoyment are:

(1) Estates of inheritance or perpetual estates;

(2) Estates for life;

(3) Estates for years; or

(4) Estates at will.

Source: CivC 1877, § 218; CL 1887, § 2734; RCivC 1903, § 241; RC 1919, § 311; SDC 1939, § 51.0402.
S.D. Codified Laws § 43-24-6 — SD Code / Title 43 / Chapter 24 / Section 43-24-6
Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition
Status: in_force

When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and one - half feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each a woven - wire fence thirty - two inches high, the bottom of which shall be firmly stretched even with the ground, which woven - wire fence shall be of eight bars, with six inch stays, and wire to be not smaller than number ten or number thirteen wire; above such woven - wire fence shall be firmly stretched and securely attached to each post at least two strands of ordinary commercial barbed fencing wire, the lowest strand to be four inches from the top of such woven - wire fence and the upper strand to be sixteen inches from the top of such woven - wire fence.

Source: SL 1917, ch 237, § 3; RC 1919, § 10537 (2); SL 1921, ch 236; SDC 1939, § 19.0203 (2).
S.D. Codified Laws § 43-31-27 — SD Code / Title 43 / Chapter 31 / Section 43-31-27
Devise or bequest of homestead subject to rights of surviving spouse
Status: in_force

Subject to the rights of the surviving husband or wife as declared by law, the homestead, if consisting of real property, may be devised like other real property of the testator, or if a mobile home may be bequeathed like other personal property of the testator.

Source: SL 1874-5, ch 37, § 18; PolC 1877, ch 38, § 18; CL 1887, § 2466; RPolC 1903, § 3234; RC 1919, § 469; SDC 1939, § 51.1718; SL 1972, ch 233, § 10.
S.D. Codified Laws § 43-11-21 — SD Code / Title 43 / Chapter 11 / Section 43-11-21
General and beneficial power to devise inheritance--Absolute power to dispose of fee
Status: in_force

Where a general and beneficial power to devise the inheritance is given to the owner of an estate for life or for years, he is deemed to possess an absolute power of disposition within the meaning of §§ 43-11-18 to 43-11-20 , inclusive.

Source: CivC 1877, § 339; CL 1887, § 2855; RCivC 1903, § 362; RC 1919, § 429; SDC 1939, § 59.0442.
S.D. Codified Laws § 43-26-5 — SD Code / Title 43 / Chapter 26 / Section 43-26-5
Rights and duties of parties as to risk of loss under contract
Status: in_force

Any contract made after June 30, 1937 in this state for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the rights and duties set forth in §§ 43-26-6 and 43-26-7 , unless the contract expressly provides otherwise.

Source: SL 1937, ch 258, § 1; SDC 1939 & Supp 1960, § 37.1807.
S.D. Codified Laws § 43-13-12 — SD Code / Title 43 / Chapter 13 / Section 43-13-12
Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude
Status: in_force

A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise.

Source: CivC 1877, § 254, subdiv 3; CL 1887, § 2770, subdiv 3; RCivC 1903, § 277, subdiv 3; RC 1919, § 347 (3); SDC 1939, § 51.0609 (3).
S.D. Codified Laws § 43-17-24.1 — SD Code / Title 43 / Chapter 17 / Section 43-17-24.1
Notice of public hearings on water marks
Status: in_force

The Water Management Board shall serve notice on all persons who can be identified with reasonable diligence and who own property which may be affected by a water mark determination, of the date of the hearing required by this chapter. Notice shall consist of service by first class mail at least twenty days prior to the hearing and publication in an official newspaper in each county where a lake is located at least once a week for two consecutive weeks. The second publication shall occur at least four days before the initial day of the board meeting at which the hearing will be held.

Source: SL 1981, ch 308, § 6.
S.D. Codified Laws § 43-28-26 — SD Code / Title 43 / Chapter 28 / Section 43-28-26
Certain documents exempt
Status: in_force

The provisions of §§ 43-28-24 to 43-28-28 , inclusive do not apply to a state or federal tax lien or release relating to a state or federal tax lien, a military separation or discharge record, a uniform commercial code filing in the county office of the register of deeds, or any governmental certified copy of a document or instrument.

Source: SL 2010, ch 214, § 4.
S.D. Codified Laws § 43-15A-14 — SD Code / Title 43 / Chapter 15A / Section 43-15A-14
Filing fee and inspection expenses to accompany notice of intent--Payment to inspector
Status: in_force

When an inspection is to be made of projects, the notice of intention shall be accompanied by the filing fee, together with an amount estimated by the Real Estate Commission to be necessary to cover the actual expenses of such inspection, not to exceed seventy - five dollars a day for each day consumed in the examination of the project plus reasonable first - class transportation expenses, which shall be paid pursuant to § 43-15A-15 as a fee to the board representative inspecting such project.

Source: SL 1975, ch 270, § 9.
S.D. Codified Laws § 43-28-6 — SD Code / Title 43 / Chapter 28 / Section 43-28-6
Prior recording of instruments validated--Rights barred by no action
Status: in_force

The record of any instrument or of a certified copy of any instrument, record, proceeding, entry, order, decree, or appointment which was recorded in the office of any register of deeds prior to January 1, 1992, which would have been eligible for record by virtue of any later amendment of § 43-28-4 as of January 1, 1992, is hereby legalized and shall have the same force and effect as if it had been recorded after the later amendment of § 43-28-4 .

If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10 .

Source: SL 1949, ch 208, § 3; SDC Supp 1960, § 65.0328; SL 1992, ch 307, § 55.
S.D. Codified Laws § 43-45-11 — SD Code / Title 43 / Chapter 45 / Section 43-45-11
Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limited exemptions
Status: in_force

No property except the homestead and other exemptions made absolute, and personal property of any kind in addition thereto to the value of five hundred dollars, shall be exempt from levy, seizure, or sale, by virtue of any final writ or process issued on a judgment for forfeitures of undertakings and bonds, or of recognizance taken and entered in criminal cases.

Source: CCivP 1877, § 334; CL 1887, § 5140; RCCivP 1903, § 365; RC 1919, § 2672; SDC 1939, § 51.1810.
S.D. Codified Laws § 43-17-18 — SD Code / Title 43 / Chapter 17 / Section 43-17-18
Report and survey of relicted lands by commissioners--Adoption or modification by circuit court--Filing of certified copy of judgment--New trial and appeal
Status: in_force

At the next succeeding term of such court or at any subsequent term to which the same may be continued, such action shall be brought on for final determination upon the report and survey of said commissioners and the court may adopt or modify the same so as to allow each owner such proportion of such relicted land as he may be lawfully entitled to and enter judgment accordingly; a certified copy of which judgment, showing the area of such relicted land to which each owner is entitled, shall be recorded in the office of the register of deeds in each county where such land or any part thereof is situated. Proceedings for new trial and appeal may be had the same as in other civil cases.

Source: SL 1903, ch 173, § 4; RC 1919, § 507; SDC 1939, § 51.1112.
S.D. Codified Laws § 43-23-7 — SD Code / Title 43 / Chapter 23 / Section 43-23-7
Erection of partition fence not required when earth is frozen
Status: in_force

The delinquent owner shall not be required to build such partition fence at any season when the earth is frozen.

Source: SL 1909, ch 197, § 4; RC 1919, § 10534; SDC 1939, § 19.0104.
S.D. Codified Laws § 43-1-1 — SD Code / Title 43 / Chapter 1 / Section 43-1-1
Property defined
Status: in_force

In this code, the thing of which there may be ownership is called property.

Source: CivC 1877, § 159; CL 1887, § 2675; RCivC 1903, § 182; RC 1919, § 252; SDC 1939, § 51.0201.
S.D. Codified Laws § 43-20-10 — SD Code / Title 43 / Chapter 20 / Section 43-20-10
Corner record--Filing fee
Status: in_force

The register of deeds of the county in which the corner is located shall charge a recording fee of ten dollars.

Source: SL 1967, ch 58, § 7 (c); SL 1983, ch 305, § 1; SL 1989, ch 380; SL 2012, ch 51, § 6.
S.D. Codified Laws § 43-41B-22 — SD Code / Title 43 / Chapter 41B / Section 43-41B-22
Crediting of dividends, interest, or increments to owner's account
Status: in_force

Whenever property other than money is paid or delivered to the administrator under this chapter, the owner is entitled to receive from the administrator any dividends, interest, or other increments realized or accruing on the property at or before liquidation or conversion thereof into money.

Source: SL 1992, ch 312, § 21.
S.D. Codified Laws § 43-39-14 — SD Code / Title 43 / Chapter 39 / Section 43-39-14
Liability for damage arising from wrongful use--Exception
Status: in_force

A depository is liable for any damage happening to the thing deposited during his wrongful use thereof, unless such damage must inevitably have happened, though the property has not been thus used.

Source: CivC 1877, § 1048; CL 1887, § 3672; RCivC 1903, § 1367; RC 1919, § 984; SDC 1939, § 60.0102 (10).
S.D. Codified Laws § 43-4-24 — SD Code / Title 43 / Chapter 4 / Section 43-4-24
Collection of real estate transfer fee by register--Amount indicated on face of deed
Status: in_force

At the time any deed evidencing a transfer of title subject to the fee imposed by § 43-4-21 is offered for recordation, the register shall collect the fee based upon the value declared and shall indicate the amount of the fee on the face of the deed after recordation.

Source: SL 1968, ch 27, § 2; SL 2007, ch 249, § 1.
S.D. Codified Laws § 43-39-8 — SD Code / Title 43 / Chapter 39 / Section 43-39-8
Rights and duties of depositor and depository
Status: in_force

Rights and duties of the depositor and depository are set forth in §§ 43-39-9 to 43-39-29 , inclusive.

Source: SDC 1939, § 60.0102.
S.D. Codified Laws § 43-32-24 — SD Code / Title 43 / Chapter 32 / Section 43-32-24
Return of security deposit after termination of tenancy--Withholding--Itemized accounting--Forfeiture of withholding rights--Punitive damages
Status: in_force

Every lessor of residential premises shall, within twenty-one days after the termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the security deposit described in § 43-32-6.1 to the tenant or furnish to the tenant a written statement showing the specific reason for withholding the deposit, or any portion of the deposit. The lessor may withhold from the deposit only the amounts reasonably necessary to:

(1) Remedy tenant defaults in the payment of:

(a) Rent; and

(b) Other funds due to the landlord pursuant to an agreement; and

(2) Restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted.

Within forty - five days after termination of the tenancy, upon request of the lessee, the lessor must provide the lessee with an itemized accounting of any deposit withheld.

Any lessor of residential premises who fails to comply with this section forfeits all rights to withhold any portion of the deposit.

The bad faith retention of a deposit, or any portion of a deposit, by a lessor of residential premises, in violation of this section, or the bad faith failure to provide the written statement or itemized accounting, as required by this section, subjects the lessor to punitive damages not to exceed two hundred dollars.

Source: SL 1976, ch 267, § 3; SL 1984, ch 281, § 1; SL 2026, ch 179, § 1.
S.D. Codified Laws § 43-20-7 — SD Code / Title 43 / Chapter 20 / Section 43-20-7
Promulgation of rules
Status: in_force

The board shall, by rule adopted pursuant to chapter 1-26 , prescribe the method of construction and placement of corner markers or monuments used to identify reference points on plats and the information that is necessary to be included in the corner file. The board shall prescribe the form in which the corner record shall be presented and filed.

Source: SL 1967, ch 58, § 6; SL 1982, ch 297, § 2; SL 1986, ch 317, § 2; SL 1990, ch 309, § 4; SL 2019, ch 176, § 3.
S.D. Codified Laws § 43-24-5 — SD Code / Title 43 / Chapter 24 / Section 43-24-5
Fence upon which owners of adjoining lands agree is a legal fence
Status: in_force

Any fence upon which the owners of such adjoining lands may agree, shall be a legal fence.

Source: SL 1917, ch 237, § 3; RC 1919, § 10537 (1); SL 1921, ch 236; SDC 1939, § 19.0203 (1).
S.D. Codified Laws § 43-2B-7 — SD Code / Title 43 / Chapter 2B / Section 43-2B-7
No duty to inquire unless expressly required--Liability limited
Status: in_force

Except as expressly provided in this chapter, a person that is not a prohibited entity does not have any duty to determine or inquire whether another person is a prohibited entity or is otherwise subject to this chapter.

A person that is not a prohibited entity may not be held liable under this chapter for failing to determine or inquire whether another person is a prohibited entity.

Source: SL 2026, ch 177, § 7.
S.D. Codified Laws § 43-4-1 — SD Code / Title 43 / Chapter 4 / Section 43-4-1
Transfer of property defined
Status: in_force

Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.

Source: CivC 1877, § 599; CL 1887, § 3222; RCivC 1903, § 915; RC 1919, § 517; SDC 1939, § 51.1301.
S.D. Codified Laws § 43-15A-22 — SD Code / Title 43 / Chapter 15A / Section 43-15A-22
Material change in offering prohibited without written notice
Status: in_force

It is a Class 1 misdemeanor for the developer of the project, after an offering is submitted to the Real Estate Commission, to materially change the setup or value or use of such offering without first notifying the commission in writing of such intended change and substantially notifying all purchasers and prospective buyers of such change.

Source: SL 1975, ch 270, § 17; SL 1983, ch 15, § 2; SL 1986, ch 302, § 91.
S.D. Codified Laws § 43-9-11 — SD Code / Title 43 / Chapter 9 / Section 43-9-11
Rights of heirs of life tenant when made remaindermen
Status: in_force

When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.

Source: CivC 1877, § 236; CL 1887, § 2752; RCivC 1903, § 259; RC 1919, § 329; SDC 1939, § 51.0420.
S.D. Codified Laws § 43-11-6 — SD Code / Title 43 / Chapter 11 / Section 43-11-6
Classification of powers
Status: in_force

Powers are general or special and beneficial or in trust.

Source: CivC 1877, § 300; CL 1887, § 2816; RCivC 1903, § 323; RC 1919, § 392; SDC 1939, § 59.0405.
S.D. Codified Laws § 43-45-12 — SD Code / Title 43 / Chapter 45 / Section 43-45-12
Inventory and appraisement of exempted or other personal property--Return by officer having process of levy or sale
Status: in_force

The sheriff or other officer having any process of levy or sale must make return, with his writ or warrant, of any inventory and appraisement of any such exempted or other personal property.

Source: CCivP 1877, § 330; CL 1887, § 5134; RCCivP 1903, § 359; RC 1919, § 2666; SDC 1939, § 51.1806.
S.D. Codified Laws § 43-4-19 — SD Code / Title 43 / Chapter 4 / Section 43-4-19
Transfer of present interest and benefit of condition or covenant
Status: in_force

A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto.

Source: CivC 1877, § 621; CL 1887, § 3244; RCivC 1903, § 937; RC 1919, § 539; SDC 1939, § 51.1313.
S.D. Codified Laws § 43-20-1 — SD Code / Title 43 / Chapter 20 / Section 43-20-1
Purpose of chapter
Status: in_force

It is the purpose of this chapter to protect and perpetuate public land survey corners and information concerning the location of such corners by requiring the systematic establishment of monuments and filing of information concerning the marking of the location of such public land survey corners and to allow the systematic location of other property corners, thereby providing for property security and a coherent system of property location and identification; and thereby eliminating the repeated necessity for reestablishment and relocations of such corners once they are established and located.

Source: SL 1967, ch 58, § 2.
S.D. Codified Laws § 43-1-2 — SD Code / Title 43 / Chapter 1 / Section 43-1-2
Classes of property
Status: in_force

Property is either:

(1) Real or immovable; or

(2) Personal or movable.

Source: CivC 1877, § 162; CL 1887, § 2678; RCivC 1903, § 185; RC 1919, § 255; SDC 1939, § 51.0101.
S.D. Codified Laws § 43-11-46 — SD Code / Title 43 / Chapter 11 / Section 43-11-46
Power authorizing execution of instrument insufficient to pass estate--Law governing
Status: in_force

Where the author of a power has directed or authorized it to be executed by an instrument which would not be sufficient in law to pass the estate, the power is not void but its execution is to be governed by the rules prescribed in §§ 43-11-44 and 43-11-45 .

Source: CivC 1877, § 321; CL 1887, § 2837; RCivC 1903, § 344; RC 1919, § 412; SDC 1939, § 59.0425.
S.D. Codified Laws § 43-3-12 — SD Code / Title 43 / Chapter 3 / Section 43-3-12
Improbability of contingency does not invalidate future interest
Status: in_force

A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.

Source: CivC 1877, § 189; CL 1887, § 2705; RCivC 1903, § 212; RC 1919, § 282; SDC 1939, § 51.0219.
S.D. Codified Laws § 43-41B-19 — SD Code / Title 43 / Chapter 41B / Section 43-41B-19
Notice and publication of names of persons appearing to be owners of unclaimed property
Status: in_force

(a) The administrator shall cause a notice to be published at least once in a newspaper of general circulation in the county of this state in which is located the last known address of any person to be named in the notice. If no address is listed or the address is outside this state, the notice must be published in the county in which the holder of the property has its principal place of business within this state.

(b) The published notice must be entitled "Notice of Names of Persons Appearing to be Owners of Unclaimed Property" and contain:

(1) The names in alphabetical order and the last known city and state of residence, if any, of persons listed in the report and entitled to notice within the county as specified in subsection (a);

(2) A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the administrator; and

(3) A statement that if proof of claim is not presented by the owner and the owner's right to receive the property must be established to the administrator's satisfaction to whom all claims must be directed.

(c) The administrator is not required to publish in the notice any items of less than one hundred twenty-five dollars unless the administrator considers their publication to be in the public interest.

(d) This section is not applicable to sums payable on travelers checks, money orders, and other written instruments presumed abandoned under § 43-41B-4 .

Source: SL 1992, ch 312, § 18; SL 2012, ch 209, § 10; SL 2019, ch 194, § 3.
S.D. Codified Laws § 43-39-28 — SD Code / Title 43 / Chapter 39 / Section 43-39-28
Rights of parties to terminate deposit
Status: in_force

In the absence of an agreement as to the length of time during which a deposit is to continue, it may be terminated by the depositor at any time, and by the depository upon reasonable notice.

Source: CivC 1877, § 1060; CL 1887, § 3684; RCivC 1903, § 1379; RC 1919, § 996; SDC 1939, § 60.0102 (19).
S.D. Codified Laws § 43-37-1 — SD Code / Title 43 / Chapter 37 / Section 43-37-1
Loan for use--Definition--Money in specie
Status: in_force

A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Money in specie may be loaned for use.

Source: CivC 1877, §§ 1074, 1092; CL 1887, §§ 3698, 3715; RCivC 1903, §§ 1394, 1411; RC 1919, §§ 1017, 1034; SDC 1939, § 38.0201.
S.D. Codified Laws § 43-16-1 — SD Code / Title 43 / Chapter 16 / Section 43-16-1
Owner of land in fee, right to surface and things beneath or above it
Status: in_force

The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it.

Source: CivC 1877, § 265; CL 1887, § 2781; RCivC 1903, § 288; RC 1919, § 358; SDC 1939, § 51.0701.
S.D. Codified Laws § 43-30B-4 — SD Code / Title 43 / Chapter 30B / Section 43-30B-4
Administration of trust
Status: in_force

Except as otherwise provided in this chapter, the trustee shall administer the trust in compliance with title 55. The trustee may engage agents to assist in the administration of the trust. Trustee fees, agent fees, and any other administrative costs must be reasonable and may be paid from the trust upon approval by the court. All bonuses, rental payments, royalties, and other income shall be paid to the trustee until the trust is terminated. If the county treasurer or other county official or employee is the trustee, the trustee's fee shall be paid to the general fund of the county. A county official acting as trustee shall account for, keep, and invest the funds in the same manner as other county funds. If the bonuses, rental payments, royalties, and other income paid to the trust are not sufficient to pay trustee fees, agent fees, and any other administrative costs paid by the trustee, the petitioner shall indemnify the fund for such costs and expenses.

Source: SL 2013, ch 223, § 4; SL 2015, ch 222, § 1; SL 2017, ch 189, § 4.
S.D. Codified Laws § 43-1-7 — SD Code / Title 43 / Chapter 1 / Section 43-1-7
Law governing personal property
Status: in_force

If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicile.

Source: CivC 1877, § 359; CL 1887, § 2875; RCivC 1903, § 382; RC 1919, § 470; SDC 1939, § 51.0801.
S.D. Codified Laws § 43-11-32 — SD Code / Title 43 / Chapter 11 / Section 43-11-32
Enforcement of powers for benefit of interested parties
Status: in_force

Every trust power unless its execution is made expressly to depend on the will of the trustee is imperative and imposes a duty on the trustee, the performance of which may be compelled for the benefit of the parties interested.

Source: CivC 1877, § 350; CL 1887, § 2866; RCivC 1903, § 373; RC 1919, § 440; SDC 1939, § 59.0453.
S.D. Codified Laws § 43-11-60 — SD Code / Title 43 / Chapter 11 / Section 43-11-60
Valid execution of instrument without reference to power
Status: in_force

Every instrument executed by the holder of a power conveying an estate or creating a charge which such holder would have no right to convey or create except by virtue of his power, is to be deemed a valid execution of the power, even though not recited or referred to therein.

Source: CivC 1877, § 327; CL 1887, § 2843; RCivC 1903, § 350; RC 1919, § 418; SDC 1939, § 59.0431.
S.D. Codified Laws § 43-30B-2 — SD Code / Title 43 / Chapter 30B / Section 43-30B-2
Required showing
Status: in_force

If the petitioner can demonstrate that the creation of a trust is in the best interest of the owner and that the petitioner cannot, after due diligence, locate or identify the owner, the court may create a trust, as provided for in § 43-30B-1 .

Source: SL 2013, ch 223, § 2; SL 2017, ch 189, § 2.
S.D. Codified Laws § 43-9-10 — SD Code / Title 43 / Chapter 9 / Section 43-9-10
Conditional limitation--Remainder limited on contingency
Status: in_force

A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.

Source: CivC 1877, § 235; CL 1887, § 2751; RCivC 1903, § 258; RC 1919, § 328; SDC 1939, § 51.0419.
S.D. Codified Laws § 43-36-4 — SD Code / Title 43 / Chapter 36 / Section 43-36-4
Gift in view of death--Definition
Status: in_force

A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver.

Source: CivC 1877, § 642; CL 1887, § 3263; RCivC 1903, § 956; RC 1919, § 564; SDC 1939, § 51.1509.
S.D. Codified Laws § 43-26-1 — SD Code / Title 43 / Chapter 26 / Section 43-26-1
Agreement to sell real property binds seller
Status: in_force

An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property.

Source: CivC 1877, § 988; CL 1887, § 3612; RCivC 1903, § 1306; RC 1919, § 927; SDC 1939, § 51.1418.
S.D. Codified Laws § 43-9-4 — SD Code / Title 43 / Chapter 9 / Section 43-9-4
Remainder, definition
Status: in_force

When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.

Source: CivC 1877, § 226; CL 1887, § 2742; RCivC 1903, § 249; RC 1919, § 319; SDC 1939, § 51.0410.
S.D. Codified Laws § 43-4-53 — SD Code / Title 43 / Chapter 4 / Section 43-4-53
Amendment to notice of transfer fee
Status: in_force

The person to whom the transfer fee is to be paid may file an amendment to the notice of transfer fee containing new contact information, but such amendment shall contain the recording information of the notice of transfer fee which it amends and the legal description of the property burdened by the private transfer fee obligation.

Source: SL 2011, ch 196, § 8.
S.D. Codified Laws § 43-21-1 — SD Code / Title 43 / Chapter 21 / Section 43-21-1
Necessity for platting subdivision or tract of land into lots--Survey of lands--Recording of plat--Inapplicability to certain parcels being transferred to or from South Dakota Building Authority
Status: in_force

When any owner of a government subdivision or a platted tract or lot which is within or without the corporate limits of any municipality shall divide the same into parcels for the purpose of transfer that cannot be described except by metes and bounds, he shall cause the parcels of land so divided to be platted into lots and have the lots numbered and a plat thereof recorded before any instrument of transfer of such divided parcels of land shall be recorded. If such plat cannot be made without an actual survey he shall have such lands surveyed and the plat thereof recorded. The provisions of this section do not apply to parcels subject to a contract with the United States secretary of agriculture pursuant to the United States Conservation Reserve Program, as established in Subtitle D of Title XII of the United States Food Security Act of 1985, as amended on January 25, 1988, and which parcel is being transferred to or from the South Dakota Building Authority.

Source: SL 1895, ch 154, §§ 1, 2; RPolC 1903, §§ 983, 984; RC 1919, § 5814; SL 1931, ch 192; SDC 1939, § 51.1405; SL 1945, ch 214; SL 1988, ch 347, § 1; SL 1992, ch 60, § 2.
S.D. Codified Laws § 43-2A-1 — SD Code / Title 43 / Chapter 2A / Section 43-2A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Agricultural land," land capable of being used in the production of:

(a) Agricultural crops;

(b) Fruit and other horticultural products;

(c) Livestock or livestock products;

(d) Milk or dairy products;

(e) Poultry or poultry products; or

(f) Timber;

(2) “Foreign entity,” any organization that:

(a) Is registered outside of the United States or its territories; or

(b) Has more than ten percent ownership by a foreign government, foreign person, or any combination thereof. However, this permissive threshold does not apply to a prohibited entity;

(3) “Foreign government,” a government or state-controlled enterprise of a government, other than the United States, its states, its territories, or its federally recognized Indian tribes;

(4) “Foreign person,” a natural person who is not a United States citizen or a resident;

(5) “Prohibited entity,” a foreign entity from, foreign government from, or foreign person from:

(a) The People’s Republic of China;

(b) The Republic of Cuba;

(c) The Islamic Republic of Iran;

(d) The Democratic People's Republic of Korea;

(e) The Russian Federation; or

(f) The Bolivarian Republic of Venezuela; and

(6) “Resident”, any individual who is a legal resident of this state, of another state or territory of the United States, or of the District of Columbia, and makes no claim of residency in a foreign country .

Source: SL 1979, ch 291, § 7; SL 2024, ch 176, § 1.
S.D. Codified Laws § 43-4-7 — SD Code / Title 43 / Chapter 4 / Section 43-4-7
Grant takes effect upon delivery by grantor--Presumption as to delivery
Status: in_force

A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.

A grant duly executed is presumed to have been delivered at its date.

Source: CivC 1877, §§ 606, 607; CL 1887, §§ 3229, 3230; RCivC 1903, §§ 922, 923; RC 1919, §§ 524, 525; SDC 1939, § 51.1304.
S.D. Codified Laws § 43-2A-6.2 — SD Code / Title 43 / Chapter 2A / Section 43-2A-6.2
Violation--Burden of proof
Status: in_force

The attorney general shall prove any violation of § 43-2A-2 by a preponderance of the evidence.

Source: SL 2024, ch 176, § 8.
S.D. Codified Laws § 43-15A-8 — SD Code / Title 43 / Chapter 15A / Section 43-15A-8
Recording of transfers and encumbrances of individual units
Status: in_force

Provisions shall be made for the recordation of the individual condominiums on subsequent resales, mortgages, and other encumbrances, as is done with all other real estate recordation.

Source: SL 1975, ch 270, § 5.
S.D. Codified Laws § 43-4-23 — SD Code / Title 43 / Chapter 4 / Section 43-4-23
Exempt transfers to be marked
Status: in_force

Each transfer of title not subject to the fee as provided in § 43-4-21 , shall have the words "exempt from transfer fee" stated thereon and indicate the applicable subdivision of § 43-4-22 under which the exemption is claimed.

Source: SL 1968, ch 27, § 3; SL 1987, ch 315.
S.D. Codified Laws § 43-19-7 — SD Code / Title 43 / Chapter 19 / Section 43-19-7
Petition in unorganized township to establish permanent landmarks--Filed with county commissioners--Consent to tax levy for payment of costs of survey--Notice and hearing
Status: in_force

Whenever two - thirds of all the owners of lands situated in any unorganized township shall petition the board of county commissioners for a survey of the sections and the establishment of section and quarter section landmarks in such township, and that such board procure materials for and cause such survey to be made, and shall propose and offer in such petition to have the cost of such survey and establishment of landmarks paid by a special levy of taxes upon all the real property situated in such township, such board shall cause to be published in one or more newspapers of general circulation published in the county, once each week for two successive weeks, a notice signed by the chairman of the board, to the effect that such petition has been filed, stating briefly the contents of such petition and that the cost of such proposed survey and establishment of landmarks is therein proposed and offered to be paid by such special levy, and that a hearing will be had by the board upon such petition at a time and place named in the notice.

Source: SL 1901, ch 204, § 1; RPolC 1903, § 1156; RC 1919, § 6145; SDC 1939, § 58.1205.
S.D. Codified Laws § 43-32-22 — SD Code / Title 43 / Chapter 32 / Section 43-32-22
Termination of lease--Agreed term--Mutual consent--Acquisition of superior title by tenant
Status: in_force

A lease is terminated:

(1) By the expiration of the agreed term;

(2) By the mutual consent of the parties;

(3) By the tenant acquiring a title to the leased premises superior to that of the landlord.

Source: SDC 1939, § 38.0423.
S.D. Codified Laws § 43-3-9 — SD Code / Title 43 / Chapter 3 / Section 43-3-9
Future interest vested or contingent
Status: in_force

A future interest is either:

(1) Vested; or

(2) Contingent.

Source: CivC 1877, § 185; CL 1887, § 2701; RCivC 1903, § 208; RC 1919, § 278; SDC 1939, § 51.0217.
S.D. Codified Laws § 43-19-16 — SD Code / Title 43 / Chapter 19 / Section 43-19-16
Change of section corner established by United States survey unauthorized
Status: in_force

Nothing in this chapter shall authorize the changing of any section corner established by the United States survey.

Source: SL 1901, ch 204, § 3; RPolC 1903, § 1158; RC 1919, § 6147; SDC 1939, § 58.1208.
S.D. Codified Laws § 43-23-9.1 — SD Code / Title 43 / Chapter 23 / Section 43-23-9.1
Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract
Status: in_force

For the purposes of §§ 43-23-1 to 43-23-9 , inclusive, any person who is in physical possession of real property, whether by fee, lease, conveyance, or other lawful means, has the same privileges and obligations as the owner of such property. If the person in physical possession of real property is different from the owner of such property, they may provide for the disposition of rights and responsibilities pursuant to §§ 43-23-1 to 43-23-9 , inclusive, by contract. In the absence of such a contract, both the person in physical possession of real property and the owner of such property may, individually or jointly, exercise such rights and be held liable for such responsibilities as are provided for in §§ 43-23-1 to 43-23-9 , inclusive.

Source: SL 1988, ch 351.
S.D. Codified Laws § 43-37-14 — SD Code / Title 43 / Chapter 37 / Section 43-37-14
Loan for use or exchange--Place for return of thing by borrower
Status: in_force

The borrower of a thing for use or for exchange must return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated by them, then at the place where it was at that time.

Source: CivC 1877, §§ 1085, 1086, 1091; CL 1887, §§ 3709, 3714; RCivC 1903, §§ 1405, 1410; RC 1919, §§ 1028, 1033; SDC 1939, § 38.0211.
S.D. Codified Laws § 43-25-18.2 — SD Code / Title 43 / Chapter 25 / Section 43-25-18.2
Commencement and prosecution of action--Limitation
Status: in_force

In any action provided for in § 43-25-18.1 , the heirs of the grantor, reversionary interest holder, or devisor, if known, shall be named as defendants and the action shall be commenced and prosecuted as provided for by existing law for actions against known defendants. If the names or addresses of the heirs of any such grantor, reversionary interest holder, or devisor are unknown, the action shall be commenced and prosecuted as provided by existing law for actions against unknown defendants. No such action may be commenced within seventy-five years from the execution of any conveyance.

Source: SL 2005, ch 232, § 2.
S.D. Codified Laws § 43-45-6 — SD Code / Title 43 / Chapter 45 / Section 43-45-6
Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability
Status: in_force

The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, payable upon his death to his estate or personal representative, and not assigned to any other person, shall, to any amount not exceeding ten thousand dollars, inure to the use of such surviving widow, husband, minor child or children; and such amount shall not be subject to the payment of any debt of such decedent, or of such surviving widow, husband, minor child or children. Whenever the proceeds of such insurance become payable and the insurer makes payment thereof to the personal representative of the estate of such person, such payment shall fully discharge the insurer from all claims under the policy or contract, and such insurer need not follow the distribution of such payment.

Source: SL 1895, ch 89; RCCivP 1903, § 348; RC 1919, § 2661; SL 1923, ch 148; SDC 1939, § 51.1805; SL 1959, ch 280; SL 1995, ch 167, § 188.
S.D. Codified Laws § 43-22-15 — SD Code / Title 43 / Chapter 22 / Section 43-22-15
Application of geodetic reference networks
Status: in_force

The provisions of this chapter may not be construed to prohibit the appropriate use of other geodetic reference networks.

Source: SL 2022, ch 163, § 11.
S.D. Codified Laws § 43-41B-40 — SD Code / Title 43 / Chapter 41B / Section 43-41B-40
Open-loop prepaid cards exempt
Status: in_force

The provisions of this chapter do not apply to open-loop prepaid cards for which the underlying funds do not expire and the records of the depository institution do not disclose the identity of the actual owner. For the purposes of this section, an open-loop prepaid card is an electronic payment device that meets the following conditions:

(1) Is purchased or loaded, or both, on a prepaid basis for the future purchase or delivery of any goods or services; and

(2) Can be used to purchase goods and services at multiple unaffiliated merchants or service providers.

Source: SL 2010, ch 215, § 1.
S.D. Codified Laws § 43-31-16 — SD Code / Title 43 / Chapter 31 / Section 43-31-16
Sale of homestead for payment of debts where no husband or wife surviving, and no issue
Status: in_force

If there be no husband or wife surviving, and no issue, the homestead shall be liable to be sold for the payment of any debts to which it might at that time be subjected if it had never been held as a homestead.

Source: SL 1874-5, ch 37, § 17; PolC 1877, ch 38, § 17; CL 1887, § 2465; RPolC 1903, § 3233; RC 1919, § 468; SDC 1939, § 51.1717.
S.D. Codified Laws § 43-22-11 — SD Code / Title 43 / Chapter 22 / Section 43-22-11
Description of land located in more than one zone
Status: in_force

If any tract of land to be defined by a single description extends from one coordinate zone into another coordinate zone, the positions of all points on its boundaries may be referred to by the zone that is used being specifically named in the description.

Source: SL 1947, ch 231, § 4; SDC Supp 1960, § 18.0304; SL 1988, ch 349, § 9; SL 2022, ch 163, § 8.
S.D. Codified Laws § 43-13-6 — SD Code / Title 43 / Chapter 13 / Section 43-13-6
Owner of servient tenement cannot hold servitude--Extinguishment of servitude
Status: in_force

Except as provided in § 43-13-6.1 , a servitude on a servient tenement may not be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.

Source: CivC 1877, §§ 248, 254, subdiv 1; CL 1887, §§ 2764, 2770, subdiv 1; RCivC 1903, §§ 271, 277, subdiv 1; RC 1919, §§ 341, 347 (1); SDC 1939, §§ 51.0604, 51.0609 (1); SL 2025, ch 182, § 1.
S.D. Codified Laws § 43-41B-5 — SD Code / Title 43 / Chapter 41B / Section 43-41B-5
Checks, drafts and similar instruments issued or certified by banking and financial organizations
Status: in_force

(a) Any sum payable on a check, draft, or similar instrument, except those subject to § 43-41B-4 , on which a banking or financial organization is directly liable, including a cashier's check and a certified check, which has been outstanding for more than three years after it was payable or after its issuance if payable on demand, is presumed abandoned, unless the owner, within three years, has communicated in writing with the banking or financial organization concerning it or otherwise indicated an interest as evidenced by a memorandum or other record on file prepared by an employee thereof.

(b) A holder may not deduct from the amount of any instrument subject to this section any charge imposed by reason of the failure to present the instrument for payment unless there is a valid and enforceable written contract between the holder and the owner of the instrument pursuant to which the holder may impose a charge, and the holder regularly imposes such charges and does not regularly reverse or otherwise cancel them.

Source: SL 1992, ch 312, § 5; SL 2012, ch 209, § 3.
S.D. Codified Laws § 43-5-5 — SD Code / Title 43 / Chapter 5 / Section 43-5-5
Computation of period for interest or trust created under power of appointment
Status: in_force

If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power.

Source: SL 1983, ch 304, § 1; SL 1993, ch 355, § 4.
S.D. Codified Laws § 43-45-16 — SD Code / Title 43 / Chapter 45 / Section 43-45-16
Exemption from process for certain retirement benefits--Right of state to collect
Status: in_force

Any person has the right to select and designate a total of one million dollars and the income and distributions therefrom from the employee's benefit plans as exempt from execution, attachment, garnishment, seizure, or taking by any legal process. This exemption is subject to the right of the State of South Dakota and its political subdivisions to collect any amounts owed to them. This section permits benefits under such plan or arrangement to be payable to a spouse, former spouse, child, or other dependent of a participant in such plan to the extent expressly provided for in a qualified domestic relations order as defined in 29 U.S.C. § 1056(d) or in § 401(a)(13) of the Internal Revenue Code.

Source: SL 1997, ch 250, § 2; SL 2007, ch 252, § 1.
S.D. Codified Laws § 43-13-26 — SD Code / Title 43 / Chapter 13 / Section 43-13-26
Carbon pipeline easement--Definitions
Status: in_force

For the purposes of § 43-13-27 , the term "carbon pipeline easement" means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in a deed, will, or other instrument executed by or on behalf of an owner of land for the purpose of transmitting carbon dioxide by pipeline.

For the purposes of § 43-13-27 , the term "initiate business operations" means the filing of a permit or an application with the state, a political subdivision of the state, a federally recognized Indian tribe, or a federal agency having jurisdiction over the project for permitting purposes.

Source: SL 2024, ch 179, § 1.
S.D. Codified Laws § 43-25-9 — SD Code / Title 43 / Chapter 25 / Section 43-25-9
Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds
Status: in_force

The provisions of §§ 43-25-5 to 43-25-8 , inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of warranty and quitclaim deeds.

Source: RC 1919, § 543; SDC 1939, § 51.1403.
S.D. Codified Laws § 43-28-7 — SD Code / Title 43 / Chapter 28 / Section 43-28-7
Authorities without state have no jurisdiction of real property within state
Status: in_force

Nothing in §§ 43-28-4 to 43-28-6 , inclusive, shall be construed as granting to any court, government, department, board, or public official of any other state or jurisdiction any jurisdiction whatsoever over real property within this state.

Source: SL 1949, ch 208, § 4; SDC Supp 1960, § 51.1629.
S.D. Codified Laws § 43-25-18 — SD Code / Title 43 / Chapter 25 / Section 43-25-18
Grant made on condition subsequent defeated by nonperformance of condition
Status: in_force

Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record.

Source: CivC 1877, § 633, subdiv 5; CL 1887, § 3254, subdiv 5; RCivC 1903, § 947, subdiv 5; RC 1919, § 555 (5); SDC 1939, § 51.1414 (5).
S.D. Codified Laws § 43-25-18.6 — SD Code / Title 43 / Chapter 25 / Section 43-25-18.6
Inapplicability of provisions to severed mineral interests
Status: in_force

Nothing in §§ 43-25-18.1 to 43-25-18.6 , inclusive, applies to severed mineral interests.

Source: SL 2005, ch 232, § 6.
S.D. Codified Laws § 43-41B-29 — SD Code / Title 43 / Chapter 41B / Section 43-41B-29
Destruction or disposition of property having insubstantial commercial value--Immunity from liability
Status: in_force

If the administrator determines after investigation that any property delivered under this chapter has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section.

Source: SL 1992, ch 312, § 28.
S.D. Codified Laws § 43-39-18 — SD Code / Title 43 / Chapter 39 / Section 43-39-18
Injury to or loss of thing deposited
Status: in_force

If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is presumed to have willfully or by willful and wanton misconduct, permitted the loss or injury to occur.

Source: CivC 1877, § 1050; CL 1887, § 3674; RCivC 1903, § 1369; RC 1919, § 986; SDC 1939, § 60.0102 (12).
S.D. Codified Laws § 43-30A-6 — SD Code / Title 43 / Chapter 30A / Section 43-30A-6
Notice by surface owner--Contents--Proof of publication and mailing
Status: in_force

In order to succeed to the ownership of an abandoned mineral interest, a surface owner shall give notice of the lapse of the mineral interest by publication. The publication shall be made once each week for three weeks in the official newspaper of the county in which the mineral interest is located. Notice shall also be given by mailing a copy of the notice by registered or certified mail to the record owner of the mineral interest at the record owner's address of record no later than ten days after the last publication.

The surface owner may rely upon the record mineral owner's last address of record in the office of county register of deeds in which the mineral interest is located. It is the record mineral owner's obligation to maintain an address of record in the office of the register of deeds in the county in which their mineral interest is located. Failure to maintain an address of record is a waiver by the record mineral owner of the requirement to mail a copy of the notice of lapse to the record mineral owner.

The notice shall state the name of the record owner of the mineral interest, the legal description of the land on or under which the mineral interest involved is located, and the name of the person giving the notice.

Recording a copy of the notice and an affidavit of its publication and any mailing in the office of the register of deeds for the county in which the mineral interest is located, is prima facie evidence that the notice has been properly given.

Source: SL 1985, ch 338, § 6; SL 2016, ch 215, § 5.
S.D. Codified Laws § 43-32-2 — SD Code / Title 43 / Chapter 32 / Section 43-32-2
Limited term of lease--Agricultural land--Municipal lots
Status: in_force

No lease or grant of agricultural land for a longer period than twenty years, in which shall be reserved any rent or service of any kind, shall be valid.

No lease or grant of any municipal lot for a longer period than ninety - nine years, in which shall be reserved any rent or service of any kind, shall be valid.

Source: CivC 1877, § 203; CL 1887, § 2719; RCivC 1903, § 226; RC 1919, § 296; SL 1921, ch 277; SDC 1939, § 38.0403; SL 1977, ch 343; SL 1992, ch 60, § 2.
S.D. Codified Laws § 43-2B-6 — SD Code / Title 43 / Chapter 2B / Section 43-2B-6
Forfeited interest--Distribution of sale proceeds--Priority
Status: in_force

Proceeds from the sale of a real property interest ordered pursuant to § 43-2B-5 must be distributed in the following order:

(1) Payment of the costs of the sale, including all approved fees and expenses, and any taxes and assessments due;

(2) Payment, in an amount approved by the court, to the attorney general for reimbursement of investigation and litigation costs and expenses;

(3) Payment to bona fide lienholders, in order of priority, except for any lien remaining against the real property under the terms of the sale; and

(4) Payment of any remaining proceeds to the person that held the interest immediately before entry of judgment.

Source: SL 2026, ch 177, § 6.
S.D. Codified Laws § 43-21-3 — SD Code / Title 43 / Chapter 21 / Section 43-21-3
Cost of platting, surveying, and recording when made by auditor--Payment by county--Added to tax upon tract of land
Status: in_force

When the owner of such divided parcels of land fails to comply with the provisions of § 43-21-1 , the cost of platting and recording, and surveying when necessary, shall be paid by the county and the amount thereof shall be added to the tax upon such tract or lot of land the next ensuing year, which tax when collected shall be credited to the county general fund.

Source: SL 1895, ch 154, § 4; RPolC 1903, § 986; RC 1919, § 5816; SDC 1939, § 51.1405; SL 1945, ch 214.
S.D. Codified Laws § 43-39-25 — SD Code / Title 43 / Chapter 39 / Section 43-39-25
Cessation of duties of gratuitous depository
Status: in_force

The duties of a gratuitous depository cease:

(1) Upon his restoring the thing deposited to its owner; or

(2) Upon his giving reasonable notice to the owner to remove it, and the owner failing to do so within a reasonable time. But an involuntary depository under subdivision 43-39-3(2) cannot give such notice until the emergency that gave rise to the deposit is past.

Source: CivC 1877, § 1056; CL 1887, § 3680; RCivC 1903, § 1375; RC 1919, § 992; SDC 1939, § 60.0102 (16).
S.D. Codified Laws § 43-31-6 — SD Code / Title 43 / Chapter 31 / Section 43-31-6
Selection of homestead, marking, platting, and recording--Execution against unselected homestead--Officer may mark off, plat, and record--Expense embraced in execution
Status: in_force

The owner or the husband or wife may select the homestead, and cause it to be marked off, platted, and recorded as provided in this code. If not so marked off, platted, and recorded, the officer having an execution against the property of such a defendant may cause the homestead to be marked off, platted, and recorded, and may add the expense thence arising to the amount embraced in his execution.

Source: SL 1874-5, ch 37, § 10; PolC 1877, ch 38, § 10; CL 1887, § 2458; RPolC 1903, § 3226; RC 1919, § 461; SDC 1939, § 51.1711.
S.D. Codified Laws § 43-27-4 — SD Code / Title 43 / Chapter 27 / Section 43-27-4
Exclusive right to use recorded name of farm, ranch, or home
Status: in_force

Whenever any name shall have been recorded as provided in this chapter no other person shall have the right to use the same name for any other farm, ranch, or home in the same county without prefixing or adding thereto distinguishing or other identifying words.

Source: SL 1911, ch 153; RC 1919, § 6023; SDC 1939, § 51.1625.
S.D. Codified Laws § 43-1-5 — SD Code / Title 43 / Chapter 1 / Section 43-1-5
Appurtenant to land defined--Mining machinery and equipment
Status: in_force

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat, from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine.

Source: CivC 1877, § 166; CL 1887, § 2682; RCivC 1903, § 189; RC 1919, § 259; SDC 1939, § 51.0105.
S.D. Codified Laws § 43-3-3 — SD Code / Title 43 / Chapter 3 / Section 43-3-3
Validity of condition precedent requiring performance of wrongful or unlawful act
Status: in_force

If a condition precedent requires the performance of an act wrong in itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.

Source: CivC 1877, § 198; CL 1887, § 2714; RCivC 1903, § 221; RC 1919, § 291; SDC 1939, § 51.0225.
S.D. Codified Laws § 43-29-3 — SD Code / Title 43 / Chapter 29 / Section 43-29-3
Acknowledgment of instrument affecting title to real property not subject to attack after expiration of ten years from date of filing
Status: in_force

Every certificate of acknowledgment of the execution of any deed, mortgage, or other instrument affecting the title to real property, shall be presumed to have been made by the identical officer described therein acting pursuant to lawful authority and the legal sufficiency of the acknowledgment shall not be subject to attack after the expiration of ten years from and after the date of filing of such deed, mortgage, or other instruments for recording.

Source: SL 1943, ch 175, § 3; SDC Supp 1960, § 51.1626 (3).
S.D. Codified Laws § 43-15A-1 — SD Code / Title 43 / Chapter 15A / Section 43-15A-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Commission," the South Dakota Real Estate Commission;

(2) "Co - owner," any person, firm, corporation, limited liability company, partnership, association, trust, or legal entity, or any combination thereof who owns a condominium within the project;

(3) "Council of co - owners," all co - owners of the condominium;

(4) "Master deed" or "master lease," the deed or lease recording the property of the condominium;

(5) "Project," the entire parcel of real property divided or to be divided into condominiums, including all structures on the property;

(6) "Property," land whether leasehold or fee simple and the buildings or building, all improvements and structures on the land and all easements, rights and appurtenances belonging to the land;

(7) "To record," to record pursuant to the laws of this state relating to the recordation of deeds.

Source: SL 1975, ch 270, § 1; SL 1986, ch 302, § 79; SL 1994, ch 351, § 101.
S.D. Codified Laws § 43-30A-3 — SD Code / Title 43 / Chapter 30A / Section 43-30A-3
Acts constituting use of interest
Status: in_force

A mineral interest is used if:

(1) Minerals are produced by or with the express permission of the record owner of the mineral interest;

(2) Operations are conducted for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances to produce or enhance the production of minerals by or with the express permission of the record holder of the mineral interest;

(3) For solid minerals, there is production from a common vein or seam by or with the express permission of the record owner of the mineral interest;

(4) Any valid conveyance, lease, mortgage, assignment, probate distribution, termination of joint tenancy interest affidavit, termination of life estate affidavit, transfer on death deed, or any judgment or decree that makes specific reference to the record owner's mineral interest is recorded within the last twenty-three years in the office of the register of deeds for the county in which the mineral interest is located;

(5) The mineral interest is subject to an agreement to pool or unitize;

(6) A statement of claim is recorded in compliance with § 43-30A-4 ; or

(7) A proper instrument describing the mineral interest has been recorded prior to an affidavit recorded under prior law pursuant to § 43-30-7 , in the office of the register of deeds for the county in which the mineral interest is located.

Source: SL 1985, ch 338, § 3; SL 1987, ch 318, § 1; SL 1995, ch 167, § 185; SL 2013, ch 222, § 1; SL 2016, ch 215, § 2.
S.D. Codified Laws § 43-17-3 — SD Code / Title 43 / Chapter 17 / Section 43-17-3
Lands forming in bed of navigable stream or meandered lake belong to state--Exception
Status: in_force

Islands and accumulations of lands formed in the beds of streams which are navigable and in meandered lakes belong to the state, if there is no title or prescription to the contrary.

Source: CivC 1877, § 586; CL 1887, § 3209; RCivC 1903, § 902; SL 1915, ch 228; RC 1919, § 500; SDC 1939, § 51.1107.
S.D. Codified Laws § 43-8-6 — SD Code / Title 43 / Chapter 8 / Section 43-8-6
Rights of tenant for years or at will not holding over
Status: in_force

A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the building, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest the crops growing at the end of his tenancy.

Source: CivC 1877, § 257; CL 1887, § 2773; RCivC 1903, § 280; RC 1919, § 350; SDC 1939, § 38.0405.
S.D. Codified Laws § 43-8-12 — SD Code / Title 43 / Chapter 8 / Section 43-8-12
Accrual of right to reenter--Notice of action for possession unnecessary
Status: in_force

An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in § 43-8-11 .

Source: CivC 1877, § 243; CL 1887, § 2759; RCivC 1903, § 266; RC 1919, § 336; SDC 1939, § 51.0505.
S.D. Codified Laws § 43-4-16 — SD Code / Title 43 / Chapter 4 / Section 43-4-16
Grantee favored in interpretation of grant--Exception
Status: in_force

A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.

Source: CivC 1877, § 615; CL 1887, § 3238; RCivC 1903, § 931; RC 1919, § 533; SDC 1939, § 51.1310.
S.D. Codified Laws § 43-23-10 — SD Code / Title 43 / Chapter 23 / Section 43-23-10
Opening or injuring fence or gate as misdemeanor
Status: in_force

Any person who shall intentionally open, or leave open, let down, throw down, tear down, or prostrate any fence, gate, or bars, legally constructed, located, and lawfully maintained, which encloses a meadow, pasture, livestock range, or private other inclosure, is guilty of a Class 2 misdemeanor.

Source: SL 1919, ch 253; SDC 1939, § 19.9901; SL 1983, ch 15, § 9.
S.D. Codified Laws § 43-15A-10 — SD Code / Title 43 / Chapter 15A / Section 43-15A-10
Notice of intent to sell domestic condominium--Contract voidable if notice not given
Status: in_force

Prior to the time when a domestic condominium project is to be offered for sale in this state, the developer shall notify the real estate commission in writing of his intention to sell such offerings. If the developer fails to notify the commission as provided in this chapter, the purchaser may at his option void the contract for sale.

Source: SL 1975, ch 270, § 6; SL 1986, ch 302, § 80.
S.D. Codified Laws § 43-32-18 — SD Code / Title 43 / Chapter 32 / Section 43-32-18
Termination of lease by landlord before end of agreed term--Use of premises by tenant contrary to agreement--Neglect of tenant to make repairs
Status: in_force

A landlord may terminate a lease and reclaim the premises before the end of the agreed term:

(1) When the tenant uses or permits a use of the premises in a manner contrary to the lease agreement; or

(2) When the tenant does not within a reasonable time after request make such repairs as he may be bound to make.

Source: SDC 1939, § 38.0420.
S.D. Codified Laws § 43-29-2 — SD Code / Title 43 / Chapter 29 / Section 43-29-2
Mortgage or other lien upon real property discharged by record showing sale of property on foreclosure
Status: in_force

The record of a mortgage or other lien upon real property shall be without effect and said mortgage or lien shall be deemed satisfied and discharged where it appears from other records in the office of the register of deeds or clerk of courts that the property described therein has been sold on foreclosure of such mortgage or lien, or shows that the indebtedness secured thereby has been fully paid.

Source: SL 1943, ch 175, § 2; SDC Supp 1960, § 51.1626 (2).
S.D. Codified Laws § 43-41B-35 — SD Code / Title 43 / Chapter 41B / Section 43-41B-35
Interest on untimely payments
Status: in_force

A person who fails to pay or deliver property within the time prescribed by this chapter shall pay to the administrator interest at the Category A rate on the property or value thereof from the date the property should have been paid or delivered.

Source: SL 1992, ch 312, § 34.
S.D. Codified Laws § 43-25-12 — SD Code / Title 43 / Chapter 25 / Section 43-25-12
Prior unrecorded conveyance--Rights of purchaser in good faith
Status: in_force

Any person holding real estate or any interest therein under a conveyance in the terms of § 43-25-11 shall be deemed a purchaser in good faith and for a valuable consideration, unless such person at the time of the execution and delivery of such conveyance shall have had actual notice or knowledge of a prior unrecorded conveyance affecting the title to such real property.

Source: SL 1909, ch 179, § 2; RC 1919, § 550; SDC 1939, § 51.1416.
S.D. Codified Laws § 43-36-1 — SD Code / Title 43 / Chapter 36 / Section 43-36-1
Gift defined
Status: in_force

A gift is a transfer of personal property, made voluntarily and without consideration.

Source: CivC 1877, § 639; CL 1887, § 3260; RCivC 1903, § 953; RC 1919, § 561; SDC 1939, § 51.1506.
S.D. Codified Laws § 43-30A-9 — SD Code / Title 43 / Chapter 30A / Section 43-30A-9
Prospective and retrospective application
Status: in_force

This chapter is both prospective and retrospective in its application.

Source: SL 1985, ch 338, § 9.
S.D. Codified Laws § 43-41B-38 — SD Code / Title 43 / Chapter 41B / Section 43-41B-38
Rules
Status: in_force

The administrator may promulgate rules, pursuant to chapter 1-26 , to carry out the provisions of this chapter.

Source: SL 1992, ch 312, § 37.
S.D. Codified Laws § 43-13-22 — SD Code / Title 43 / Chapter 13 / Section 43-13-22
Large wind energy system defined
Status: in_force

For the purposes of §§ 43-13-21 to 43-13-24 , inclusive, the term, large wind energy system, means any system of one or more wind turbines not included in the definition of a small wind energy system.

Source: SL 2009, ch 221, § 2.
S.D. Codified Laws § 43-11-63 — SD Code / Title 43 / Chapter 11 / Section 43-11-63
Failure to designate person to execute power in trust created by will--Execution by circuit court
Status: in_force

Where a power in trust is created by will and the testator has omitted to designate, expressly or by necessary implication, by whom the power is to be executed, its execution devolves on the circuit court.

Source: CivC 1877, § 355; CL 1887, § 2871; RCivC 1903, § 378; RC 1919, § 445; SDC 1939, § 59.0458.
S.D. Codified Laws § 43-41B-24.4 — SD Code / Title 43 / Chapter 41B / Section 43-41B-24.4
Trust fund for unclaimed property--Administration--Purpose--Appropriation
Status: in_force

There is created in the state treasury the trust fund for unclaimed property. The fund consists of any net receipts from unclaimed property that exceed the maximum deposit requirements of § 43-41B-24.3 .

The state treasurer shall administer the fund. The purpose of the fund is to provide for the return of unclaimed property, provide for the payment of audit expenses, and deposit into the general fund the distribution amount, in accordance with § 43-41B-24.5 . Distribution amounts from the fund must be budgeted through the general appropriation bill as provided for in § 43-41B-24.5 or expended by special appropriation. Moneys comprising the principal amount in the trust fund for unclaimed property may not be appropriated by the general appropriation bill or by special appropriation.

Source: SL 2025, ch 184, § 4.
S.D. Codified Laws § 43-30B-5 — SD Code / Title 43 / Chapter 30B / Section 43-30B-5
Termination of trust--Distribution of trust moneys
Status: in_force

A trust in favor of an unlocatable or unidentifiable mineral owner shall remain in force until an order of the court is entered, after such notice as may be required by the court, finding that an owner has appeared and been identified. The court shall fix the date upon which the owner is deemed to have owned the interest. The court shall determine the division of the remaining funds of the trust, provide for the payment of fees and expenses to dissolve and distribute the trust, and determine any other matters raised by the petitioner, owner, or trustee.

Source: SL 2013, ch 223, § 5; SL 2017, ch 189, § 5.
S.D. Codified Laws § 43-43B-7 — SD Code / Title 43 / Chapter 43B / Section 43-43B-7
Civil rights not affected
Status: in_force

The provisions of this chapter shall neither enlarge nor diminish the rights of parties in civil litigation.

Source: SL 1982, ch 300, § 8.
S.D. Codified Laws § 43-17-30 — SD Code / Title 43 / Chapter 17 / Section 43-17-30
Powers of Department of Game, Fish and Parks
Status: in_force

Nothing in §§ 43-17-2 , 43-17-20 , 43-17-21 , and 43-17-27 to 43-17-29 , inclusive, diminishes any power of the Department of Game, Fish and Parks to administer, control, or otherwise regulate any lands or interest in lands within its jurisdiction.

Source: SL 1985, ch 337, § 8.
S.D. Codified Laws § 43-4-27 — SD Code / Title 43 / Chapter 4 / Section 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
Status: in_force

Whenever under any last will, or trust indenture, the personal representative, trustee, or other fiduciary is required to, or has an option to, satisfy a bequest, devise, or transfer in trust to or for the benefit of the surviving spouse, or other beneficiary, in kind at the values as finally determined for federal estate tax purposes, the personal representative, trustee, or other fiduciary shall, in the absence of contrary provisions in such will or trust indenture, satisfy such bequest, devise, or transfer by distribution of assets, including cash, fairly representative of the appreciation or depreciation in the value of all properties available for distribution in satisfaction of such bequest, devise, or transfer.

Source: SL 1968, ch 152, § 1; SL 1995, ch 167, § 188.
S.D. Codified Laws § 43-19-15 — SD Code / Title 43 / Chapter 19 / Section 43-19-15
Landmarks set at originally established section corners--Presumption
Status: in_force

All landmarks set under authority of this chapter shall be presumptively deemed to be at the section and quarter section corners, as originally established by the United States survey, at which they respectively purport to be set.

Source: SL 1901, ch 204, § 3; RPolC 1903, § 1158; RC 1919, § 6147; SDC 1939, § 58.1208.
S.D. Codified Laws § 43-4-44.1 — SD Code / Title 43 / Chapter 4 / Section 43-4-44.1
Additional disclosure--Residential real property under a homeowners' association
Status: in_force

In attempting to sell a residential real property governed by a homeowners' association, the seller must furnish to a buyer before the buyer makes a written offer:

(1) A disclosure that the property is governed by a homeowners' association;

(2) A copy of the governing documents of the homeowners' association;

(3) A statement indicating whether there is an assessment and the amount, frequency, and purpose of any assessment; and

(4) A list of any special onetime assessments from the most recent three years.

If, after delivering the homeowners' association information to the buyer or the buyer's agent and prior to the date of closing for the property or the date of possession of the property, whichever comes first, the seller becomes aware of any change of material fact that would affect the information, the seller must furnish a written amendment disclosing the change of material fact.

This section applies to all transfers of residential real property occurring after July 1, 2024.

For the purposes of this section, the term "governing documents" means a written instrument by which the homeowners' association may exercise powers to manage, maintain, or otherwise affect the property under the jurisdiction of the homeowners' association.

For the purposes of this section, the term "homeowners' association" means any incorporated or unincorporated association in which membership is based upon owning or possessing an interest in real property and that has the authority, pursuant to recorded covenants, bylaws, or other governing documents, to assess and record liens against the real property of its members.

Source: SL 2024, ch 177, § 2.
S.D. Codified Laws § 43-11-1 — SD Code / Title 43 / Chapter 11 / Section 43-11-1
Powers restricted to those specified
Status: in_force

Powers in relation to real property are those only which are specified in this chapter.

Source: CivC 1877, § 296; CL 1887, § 2812; RCivC 1903, § 319; RC 1919, § 388; SDC 1939, § 59.0401.
S.D. Codified Laws § 43-11-25 — SD Code / Title 43 / Chapter 11 / Section 43-11-25
Transfer of power of owner of life estate to make leases
Status: in_force

The power of the owner of a life estate to make leases is not transferable as a separate interest, but is annexed to his estate and will pass unless specially excepted by any grant of such estate. If specially excepted in any such grant, it is extinguished.

Source: CivC 1877, § 344; CL 1887, § 2860; RCivC 1903, § 367; RC 1919, § 434; SDC 1939, § 59.0447.
S.D. Codified Laws § 43-13-27 — SD Code / Title 43 / Chapter 13 / Section 43-13-27
Carbon pipeline easement--Grant--Recording--Term--Deadline for use--Attachment--Encumbrance--Expiration for nonuse
Status: in_force

(1) A property owner may grant a carbon pipeline easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement must be created in writing, and the easement or a memorandum thereof must be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted.

(2) Any carbon pipeline easement runs with the land benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed ninety-nine years.

(3) Any carbon pipeline easement is void if the operator does not initiate business operations within five years after the recording date of the easement.

(4) If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each carbon pipeline easement agreement must include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement.

(5) Any carbon pipeline easement shall expire after five years of nonuse at any time after the issuance of a permit by the Public Utilities Commission.

Source: SL 2024, ch 179, § 2.
S.D. Codified Laws § 43-19-14 — SD Code / Title 43 / Chapter 19 / Section 43-19-14
Tax levy for erection of landmarks in unorganized territory where petition was granted by board of county commissioners after time of making annual tax levy
Status: in_force

In case any petition presented under this chapter shall have been granted after the time of making the annual tax levy, such specific levy shall be made at the time of making the annual tax levy for the ensuing year; and the amount so levied shall be inserted in the tax roll and be collected and paid into the county treasury in like manner as other taxes, and shall be applied exclusively in payment of the cost and expenses of such survey and establishment of landmarks.

Source: SL 1901, ch 204, § 4; RPolC 1903, § 1159; RC 1919, § 6148; SDC 1939, § 58.1207.
S.D. Codified Laws § 43-13-9 — SD Code / Title 43 / Chapter 13 / Section 43-13-9
Owner or occupant of dominant tenement--Right to enforce easement
Status: in_force

The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto.

Source: CivC 1877, § 252; CL 1887, § 2768; RCivC 1903, § 275; RC 1919, § 345; SDC 1939, § 51.0607.
S.D. Codified Laws § 43-32-27 — SD Code / Title 43 / Chapter 32 / Section 43-32-27
Cause of action against lessor for retaliatory conduct
Status: in_force

A cause of action may arise in favor of a lessee and against a lessor of residential property, including a manufactured or mobile home community owner, for retaliation by the lessor against the lessee if the lessor increases rents above fair market value; if the lessor decreases electric, gas, water, or sewer services; or if the lessor gives the lessee notice to vacate the premises when such notice is not based upon a breach of the terms of the lease; subsequent to any of the following special events:

(1) The lessor has received written notice from the lessee or a governmental agency that the lessee has complained to a governmental agency charged with responsibility for enforcement of a building or housing code violation applicable to the premises and materially affecting health and safety, and the complaint is determined to be reported in good faith; or

(2) The lessee has given written notice to the lessor of a condition requiring repair pursuant to § 43-32-9 ; or

(3) The lessee has organized or become a member of a tenant's union or organization.

It shall be a defense to this cause of action that the notice to vacate the premises was given by the lessor more than one hundred eighty days after the occurrence of a special event. The failure of the lessor to renew any written lease prior to or upon its expiration, is not retaliation.

Source: SL 1994, ch 341, § 1.
S.D. Codified Laws § 43-13-18 — SD Code / Title 43 / Chapter 13 / Section 43-13-18
Contents of wind or solar easement instruments
Status: in_force

Any deed, will, or other instrument that creates a wind or solar easement shall include:

(1) A description of the real property subject to the easement and a description of the real property benefiting from the wind or solar easement;

(2) A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind or solar power system in which an obstruction to the wind or sun is prohibited or limited;

(3) Any terms or conditions under which the easement is granted or may be terminated;

(4) Any provisions for compensation of the owner of the real property benefiting from the easement in the event of interference with the enjoyment of the easement, or compensation of the owner of the real property subject to the easement for maintaining the easement; and

(5) Any other provision necessary or desirable to execute the instrument.

Source: SL 1996, ch 260, § 3; SL 2017, ch 188, § 3.
S.D. Codified Laws § 43-18-11 — SD Code / Title 43 / Chapter 18 / Section 43-18-11
Affidavit describing and correcting an error or omission in recorded plat--Filing--Restriction--Approval
Status: in_force

If any typographical error or omission of data is detected on a recorded plat, the original land surveyor shall record an affidavit confirming the error or omission. If the original land surveyor is deceased, is not licensed as a land surveyor pursuant to chapter 36-18A , or cannot be located, two licensed land surveyors may record an affidavit confirming the error or omission. The surveyor or surveyors shall file an affidavit describing the nature and extent of the error or omission and the correction or addition to the recorded plat. The surveyor or surveyors shall also note the document reference number or recording information of the recorded plat on the affidavit. The register of deeds shall stamp on the plat of record, the word, corrected, and note the document reference number or recording information on the recorded affidavit. A copy of the recorded affidavit shall be filed with the director of equalization and shall be mailed by the surveyor or surveyors to any owner of record. No affidavit of correction may be used to change or modify the plotted or recorded property lines as originally monumented. This affidavit of correction does not require prior approval by any governing body.

Source: SL 2005, ch 231, § 1.
S.D. Codified Laws § 43-25-23 — SD Code / Title 43 / Chapter 25 / Section 43-25-23
Recording of proceedings authorizing sale or mortgage of real estate by unincorporated association
Status: in_force

A certified copy of the adopted resolution authorizing the sale or mortgage of any real estate, and the affidavit of the publication of notice of sale, all as provided for in § 43-25-22 , must be recorded at length by the register of deeds of the county in which the real property is situated and such records or certified copies of such records shall be prima facie evidence of the facts therein contained. Any proceedings taken and recorded before July 1, 1970, in the office of the register of deeds of the county in which the lands are situated which would have been a compliance with §§ 43-25-22 and 43-25-23 had the same been in effect as of the date of said recording are hereby declared to be valid.

Source: SL 1949, ch 25; SDC Supp 1960, § 11.1305; SL 1970, ch 248, § 2.
S.D. Codified Laws § 43-17-8 — SD Code / Title 43 / Chapter 17 / Section 43-17-8
Plat of accretion lands by surveyor--Contents--Recording
Status: in_force

The surveyor who makes such survey shall make a plat of such accretion lands, showing the acreage, the courses and distances, and the boundaries of all tracts, and record the same in the office of the register of deeds in the county in which the land is situated.

Source: SL 1941, ch 214, § 3; SDC Supp 1960, § 51.1104-3.
S.D. Codified Laws § 43-41C-4 — SD Code / Title 43 / Chapter 41C / Section 43-41C-4
Title to abandoned property vested in museum or historical society
Status: in_force

If no claim has been made to the property within sixty - five days from the date of the second published notice, title to the property vests in the museum or society, free from all claims of the owner and of all persons claiming through or under him.

Source: SL 1993, ch 328, § 4.
S.D. Codified Laws § 43-31-10 — SD Code / Title 43 / Chapter 31 / Section 43-31-10
Change of homestead reserved by order of court for minor children--Petition--Notice--Prior conveyances or liens not prejudiced
Status: in_force

If any court by order has reserved a homestead according to law for the use, occupancy, or possession of any surviving minor children of a decedent, or any minor, such court may, during the minority of such minor, on the filing of an application by any person interested in the property, or any guardian ad litem of the minor, or any conservator of the minor, requesting a change of homestead and setting forth facts sufficient to show that such action by the court would be to the best interest and benefit to such minor, change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely. The application shall be heard by the court issuing the original order upon such notice as the court shall deem necessary; but such changes shall not prejudice conveyances or liens made or created previously thereto.

Source: SDC 1939, § 51.1714 as added by SL 1961, ch 263; SL 1993, ch 213, § 236; SL 1995, ch 167, § 186.
S.D. Codified Laws § 43-42-2 — SD Code / Title 43 / Chapter 42 / Section 43-42-2
Transfer and survivorship--Violation of right of property or obligation
Status: in_force

A thing in action arising out of the violation of a right of property or out of an obligation may be transferred by the owner. Upon the death of the owner it passes to his personal representatives except where in the cases provided by law it passes to his devisees or successor in office.

Source: CivC 1877, § 361; CL 1887, § 2877; RCivC 1903, § 384; RC 1919, § 472; SDC 1939, § 51.0803; SL 1945, ch 213.
S.D. Codified Laws § 43-4-39 — SD Code / Title 43 / Chapter 4 / Section 43-4-39
Terminating written offer made prior to disclosure statement
Status: in_force

If the disclosure statement or a material amendment to the disclosure statement is delivered to the buyer after the buyer has made a written offer, the buyer may terminate the offer by delivering a written notice of termination to the seller or the seller's agent within three days after the disclosure statement or amendment is delivered in person or within six days after the disclosure statement or amendment is delivered by deposit in the mail.

Source: SL 1993, ch 325, § 3.
S.D. Codified Laws § 43-23-3 — SD Code / Title 43 / Chapter 23 / Section 43-23-3
Fence agreed to by owners of adjoining land is legal fence
Status: in_force

Any fence upon which owners of such adjoining lands may agree, shall be a legal fence.

Source: SL 1909, ch 197, § 3; RC 1919, § 10533; SDC 1939, § 19.0103 (1); SL 1949, ch 79.
S.D. Codified Laws § 43-30A-10 — SD Code / Title 43 / Chapter 30A / Section 43-30A-10
Water rights unaffected
Status: in_force

The enactment of this chapter shall not be construed as creating any right to water or the use thereof nor as affecting any existing legislation with respect to water or water rights, except as expressly may be provided herein, nor shall anything herein contained affect or be construed as affecting vested water rights.

Source: SL 1985, ch 338, § 11.
S.D. Codified Laws § 43-29-6 — SD Code / Title 43 / Chapter 29 / Section 43-29-6
Curative provisions applicable to previously recorded instruments--Inapplicable to pending actions
Status: in_force

Sections 43-29-1 to 43-29-5 , inclusive, shall apply to instruments recorded before as well as after their enactment but their provisions shall not be applied in any action involving real property, which was pending on July 1, 1943 or was commenced prior to July 1, 1944.

Source: SL 1943, ch 175, § 6; SDC Supp 1960, § 51.1626 (6).
S.D. Codified Laws § 43-4-6 — SD Code / Title 43 / Chapter 4 / Section 43-4-6
Transfer in writing a grant
Status: in_force

A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant" in this title includes all these instruments, unless it is specially applied to real property.

Source: CivC 1877, § 605; CL 1887, § 3228; RCivC 1903, § 921; RC 1919, § 523; SDC 1939, § 51.1303.
S.D. Codified Laws § 43-41-5 — SD Code / Title 43 / Chapter 41 / Section 43-41-5
Claimant to prove ownership
Status: in_force

The finder of a thing may, in good faith, before giving it up, require reasonable proof of ownership from any person claiming it.

Source: CivC 1877, § 1066; CL 1887, § 3690; RCivC 1903, § 1386; RC 1919, § 1009; SDC 1939, § 60.0203.
S.D. Codified Laws § 43-13-3 — SD Code / Title 43 / Chapter 13 / Section 43-13-3
Definition of terms--Dominant tenement--Servient tenement
Status: in_force

The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement.

Source: CivC 1877, § 246; CL 1887, § 2762; RCivC 1903, § 269; RC 1919, § 339; SDC 1939, § 51.0603.
S.D. Codified Laws § 43-44-5 — SD Code / Title 43 / Chapter 44 / Section 43-44-5
Application for registration, alteration, cancellation, or transfer of registration of emblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing
Status: in_force

The secretary of state shall receive and file all applications under the provisions of this chapter, and shall issue a certificate of registration to the applicant, if the emblem is entitled to registration under the provisions of this chapter.

Applications for cancellation or alteration of registrations shall likewise be received and filed, and certificates thereof issued.

Assignments or other transfers of registrations shall likewise be received, and filed, and noted on the index of such registrations.

Source: SL 1933, ch 82, § 7; SDC 1939, § 51.0905.
S.D. Codified Laws § 43-31-13.1 — SD Code / Title 43 / Chapter 31 / Section 43-31-13.1
Owner's absence pursuant to protection order not waiver or abandonment of owner's interest
Status: in_force

If an owner is required to leave a homestead pursuant to a protection order obtained by the owner's spouse or to otherwise preserve peace in the home, the owner's absence from the homestead may not be considered a waiver or abandonment of the owner's interest in the homestead, unless there is evidence to the contrary.

Source: SL 2015, ch 223, § 3.
S.D. Codified Laws § 43-11-29 — SD Code / Title 43 / Chapter 11 / Section 43-11-29
Power to sell real property given as security for payment of money as part of the security
Status: in_force

Where a power to sell real property is given to a mortgagee or other encumbrancer in an instrument intended to secure the payment of money, the power is to be deemed a part of the security and vests in any person who by assignment becomes entitled to the money so secured to be paid and may be executed by him whenever the assignment is duly acknowledged and recorded.

Source: CivC 1877, § 313; CL 1887, § 2829; RCivC 1903, § 336; RC 1919, § 405; SDC 1939, § 59.0418.
S.D. Codified Laws § 43-31-20 — SD Code / Title 43 / Chapter 31 / Section 43-31-20
Time and place for hearing application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Order fixing
Status: in_force

Upon such application being filed the court must make an order fixing a time and place for hearing, which time must be at least twenty days from the filing of the application.

Source: SDC 1939, § 51.1705.
S.D. Codified Laws § 43-17-34 — SD Code / Title 43 / Chapter 17 / Section 43-17-34
Navigable defined--Application of sections
Status: in_force

A stream, or portion of a stream, is navigable if it can support a vessel capable of carrying one or more persons throughout the period between the first of May to the thirtieth of September, inclusive, in two out of every ten years. A dry draw, as defined in § 46-1-6 , is not navigable. This section does not apply to any stream or portion of a stream which is navigable pursuant to federal law. The provisions of §§ 43-17-34 to 43-17-36 , inclusive, and § 43-17-38 do not grant, create, recognize, convey, remove, or diminish any right or title to property. The provisions of this section apply only to the implementation of §§ 43-17-35 and 43-17-38 .

Source: SL 1990, ch 348; SL 2016, ch 214, § 1.
S.D. Codified Laws § 43-39-26 — SD Code / Title 43 / Chapter 39 / Section 43-39-26
Rate of compensation for fractional part of week or month
Status: in_force

In the absence of a different agreement or usage, a depository for hire is entitled to one week's hire for the sustenance and shelter of living animals during any fraction of a week, and to half a month's hire for the storage of any property during any fraction of a half month.

Source: CivC 1877, § 1059; CL 1887, § 3683; RCivC 1903, § 1378; RC 1919, § 995; SDC 1939, § 60.0102 (18).
S.D. Codified Laws § 43-46-2 — SD Code / Title 43 / Chapter 46 / Section 43-46-2
Right of action of creditor or representative of deceased joint owner
Status: in_force

Unless a settlement is made with the surviving joint owner or owners, a creditor or personal representative of the deceased joint owner may institute an action in any court of competent jurisdiction, within six months after the death of the deceased joint owner, against the surviving joint owner, or owners, setting forth such claim.

Source: SL 1969, ch 198 (1); SDCL 30-21A-2; SL 1995, ch 167, § 167.
S.D. Codified Laws § 43-3-16 — SD Code / Title 43 / Chapter 3 / Section 43-3-16
Birth of posthumous child terminates future interest depending on death without successors under certain circumstances
Status: in_force

A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hours or more after birth.

Source: CivC 1877, § 211; CL 1887, § 2727; RCivC 1903, § 234; RC 1919, § 304; SDC 1939, § 51.0229; SL 2007, ch 247, § 2.
S.D. Codified Laws § 43-31-24 — SD Code / Title 43 / Chapter 31 / Section 43-31-24
Court determination as to incapacity--Order to conservator to join in conveyance or encumbrance
Status: in_force

If the court determines that such incapacitated person has been in an incapacitated condition for at least three years, or that such condition is incurable, it may make an order directing the conservator to join in such conveyance or encumbrance with the same effect as if such incapacitated person had, while competent, joined therein.

Source: SDC 1939, § 51.1704; SL 1972, ch 233, § 8; SL 1993, ch 213, § 240.
S.D. Codified Laws § 43-11-47 — SD Code / Title 43 / Chapter 11 / Section 43-11-47
Power directing formalities in addition to legal requirements--Observance unnecessary
Status: in_force

Where the author of a power has directed any formalities to be observed in its execution, in addition to those which would be sufficient to pass the estate, the observance of such additional formalities is not necessary to a valid execution of the power.

Source: CivC 1877, § 322; CL 1887, § 2838; RCivC 1903, § 345; RC 1919, § 413; SDC 1939, § 59.0426.
S.D. Codified Laws § 43-28-24 — SD Code / Title 43 / Chapter 28 / Section 43-28-24
Definitions related to identity information
Status: in_force

Terms used in §§ 43-28-25 to 43-28-28 , inclusive, mean:

(1) "Personally identifiable information," any information that includes one or more of the following specific unique identifiers when combined with an individual's name:

(a) A social security number. This term does not, however, include the last four digits of a social security number;

(b) Checking, savings, or share account number; or

(c) Credit, debit, or charge card number;

(2) "Preparer," any person who creates, drafts, edits, revises, or changes the document or instrument that is recorded with the register of deeds. The term, preparer, does not include any person who hires, requires, refers, pays, or requests that the document or instrument be drafted or recorded.

Source: SL 2010, ch 214, § 2.
S.D. Codified Laws § 43-32-1 — SD Code / Title 43 / Chapter 32 / Section 43-32-1
Leasing of real property defined
Status: in_force

Leasing is a contract by which one (the lessor or landlord) gives to another (the lessee or tenant) temporary possession and use of real property for reward and the lessee agrees to return such property to the lessor at a future time.

Source: SDC 1939, § 38.0401.
S.D. Codified Laws § 43-9-5 — SD Code / Title 43 / Chapter 9 / Section 43-9-5
Contingent remainder in fee created on prior remainder in fee
Status: in_force

A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty - one years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.

Source: CivC 1877, § 229; CL 1887, § 2745; RCivC 1903, § 252; RC 1919, § 322; SDC 1939, § 51.0413.
S.D. Codified Laws § 43-39-4 — SD Code / Title 43 / Chapter 39 / Section 43-39-4
Deposit for keeping defined
Status: in_force

A deposit for keeping is one in which the depository is bound to return the identical thing deposited.

Source: CivC 1877, § 1037; CL 1887, § 3661; RCivC 1903, § 1356; RC 1919, § 973; SDC 1939, § 60.0101 (3).
S.D. Codified Laws § 43-2-7 — SD Code / Title 43 / Chapter 2 / Section 43-2-7
Public or private ownership of property--State as private proprietor
Status: in_force

All property in this state has an owner, whether that owner is the United States or the state, and the property public; or the owner an individual, and the property private. The state may also hold property as a private proprietor.

Source: CivC 1877, § 168; CL 1887, § 2684; RCivC 1903, § 191; RC 1919, § 261; SDC 1939, § 51.0202.
S.D. Codified Laws § 43-4-43 — SD Code / Title 43 / Chapter 4 / Section 43-4-43
Application of disclosure statement requirements
Status: in_force

Sections 43-4-37 to 43-4-44 , inclusive, do not apply to the following transfers:

(1) Transfers pursuant to court order, including transfers ordered by probate court in the administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfer pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, transfers by government agencies, and transfers resulting from a decree for specific performance;

(2) Transfers to a mortgagee by a mortgagor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property by foreclosure or by a deed in lieu of foreclosure or transfers by a collateral assignment of beneficial interest;

(3) Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(4) Transfers from one co - owner to one or more other co - owners;

(5) Transfers made to a spouse, a child, a parent, a sibling, a grandchild, or a grandparent;

(6) Transfers of newly constructed residential real property which has never been occupied.

Source: SL 1993, ch 325, § 7; SL 1994, ch 337, § 5.
S.D. Codified Laws § 43-30B-6 — SD Code / Title 43 / Chapter 30B / Section 43-30B-6
Actions not use of mineral interest under chapter43-30A
Status: in_force

No act taken by or upon the permission of a trustee, petitioner, or court under this chapter shall be considered use of a mineral interest under chapter 43-30A .

Source: SL 2013, ch 223, § 6; SL 2017, ch 189, § 6.
S.D. Codified Laws § 43-25-22 — SD Code / Title 43 / Chapter 25 / Section 43-25-22
Mortgage or conveyance of real estate by unincorporated association--Adoption of resolution, notice--Execution of instrument
Status: in_force

Any unincorporated religious, benevolent, fraternal, charitable, or educational association may mortgage or convey any real estate which is owned by such association by adopting a resolution directing such mortgage or conveyance, which mortgage or conveyance shall be executed by a majority of the board of trustees or directors, or by the presiding officer, and shall be attested by the secretary of the association; provided, however, that any such resolution may be adopted at a regular meeting of such association, or a special meeting called for such purpose, and that notice of such proposed action shall be published in a newspaper of general circulation in the community in which such association has its place of meeting, once each week for two successive weeks prior to such meeting.

Source: SL 1943, ch 22; SL 1947, ch 32; SDC Supp 1960, § 11.1304; SL 1970, ch 248, § 1.
S.D. Codified Laws § 43-32-34 — SD Code / Title 43 / Chapter 32 / Section 43-32-34
Landlord permitted to require documentation of disability requiring service animal--Exceptions
Status: in_force

A landlord may require reliable supporting documentation be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring under any provision of law that a service animal or assistance animal be allowed as an accommodation on the rented premises. A landlord may not require supporting documentation from a tenant if the tenant's disability or disability-related need for a service animal or assistance animal is readily apparent or already known to the landlord.

Source: SL 2018, ch 259, § 2.
S.D. Codified Laws § 43-44-4 — SD Code / Title 43 / Chapter 44 / Section 43-44-4
False or fraudulent representation to procure filing and registration as misdemeanor
Status: in_force

Any person who makes a false or fraudulent representation to procure the filing and registration of any emblem as defined in this chapter is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 51.9904; SL 1983, ch 15, § 16.
S.D. Codified Laws § 43-11-34 — SD Code / Title 43 / Chapter 11 / Section 43-11-34
Execution of trust power for benefit of creditors or assignees of beneficiary
Status: in_force

The execution, in whole or in part, of any trust power, may be adjudged for the benefit of the creditors or assignees of any person entitled as one of the beneficiaries of the trust, to compel its execution when his interest is transferable.

Source: CivC 1877, § 356; CL 1887, § 2872; RCivC 1903, § 379; RC 1919, § 446; SDC 1939, § 59.0459.
S.D. Codified Laws § 43-44-1 — SD Code / Title 43 / Chapter 44 / Section 43-44-1
Insignia of fraternal, historical, military, or labor organizations--Right of registration, alteration, or cancellation
Status: in_force

Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the Constitution and laws of the United States or this state, may register in the Office of the Secretary of State a facsimile, duplicate, or description of its name, badge, motto, button, decoration, charm, rosette, or other insignia hereinafter referred to as an emblem, and may, by reregistration alter or cancel the same.

Source: SL 1933, ch 82, § 1; SDC 1939, § 51.0902.
S.D. Codified Laws § 43-33-2 — SD Code / Title 43 / Chapter 33 / Section 43-33-2
Effect of affixing property to land of another--No agreement as to removal--Ownership of thing affixed--Exception
Status: in_force

Except as provided by § 43-33-3 , when a person affixes his property to the land of another without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land unless he chooses to require the former to remove it.

Source: CivC 1877, § 583; CL 1887, § 3206; RCivC 1903, § 899; RC 1919, § 497; SDC 1939, § 51.1103.
S.D. Codified Laws § 43-20-5 — SD Code / Title 43 / Chapter 20 / Section 43-20-5
Survey corner required to be filed under chapter--Reconstruction of monument of corner
Status: in_force

In every case where a corner record of a public land survey corner is required to be filed under the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be found with facility at all times in the future.

Source: SL 1967, ch 58, § 8.
S.D. Codified Laws § 43-13-16 — SD Code / Title 43 / Chapter 13 / Section 43-13-16
Wind easement defined
Status: in_force

For purposes of §§ 43-13-17 to 43-13-20.5 , inclusive, the term, wind easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for the purpose of ensuring adequate exposure of a wind power system to the winds, or an agreement to refrain from developing a wind power system.

Source: SL 1996, ch 260, § 1; SL 2010, ch 213, § 1.
S.D. Codified Laws § 43-40-6 — SD Code / Title 43 / Chapter 40 / Section 43-40-6
Guest leaving property at inn or hotel after departure or before arrival--Held at owner's risk
Status: in_force

Whenever any person shall suffer his baggage or property to remain in any inn or hotel, after leaving the same as a guest, and after the relation of innkeeper and guest between such guest and the proprietor of such inn or hotel has ceased, or shall forward the same to such inn or hotel before becoming a guest thereof and the same shall be received into such inn or hotel, such innkeeper may at his option hold such baggage or property at the risk of such owner.

Source: SL 1913, ch 237, § 4; RC 1919, § 1001; SDC 1939, § 60.0704.
S.D. Codified Laws § 43-28-13 — SD Code / Title 43 / Chapter 28 / Section 43-28-13
Law governing execution, acknowledgment, proof, form, or record of conveyance made before 1939
Status: in_force

The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, except as to seals, upon the laws in force when the act was performed except as by other statutes expressly provided.

Source: CivC 1877, § 670; CL 1887, § 3292; RCivC 1903, § 985; RC 1919, § 591; SDC 1939, § 51.1618.
S.D. Codified Laws § 43-25-6 — SD Code / Title 43 / Chapter 25 / Section 43-25-6
Implied covenants and warranties in deed
Status: in_force

Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives,

(1) That he is lawfully seized of the premises in fee simple, and has good right to convey the same;

(2) That the premises are free from all encumbrances;

(3) That he warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession thereof; and

(4) That he will defend the title thereto against all persons who may lawfully claim the same.

Source: SL 1911, ch 257, § 1; RC 1919, § 542; SDC 1939, § 51.1403.
S.D. Codified Laws § 43-2-10 — SD Code / Title 43 / Chapter 2 / Section 43-2-10
Sole ownership of property
Status: in_force

The ownership of property by a single person is designated as a sole or several ownership.

Source: CivC 1877, § 174; CL 1887, § 2690; RCivC 1903, § 197; RC 1919, § 267; SDC 1939, § 51.0210.
S.D. Codified Laws § 43-17-19 — SD Code / Title 43 / Chapter 17 / Section 43-17-19
Costs of action to enforce plat and survey of relicted lands
Status: in_force

The court may adjudge the defendants who are owners of such land or any part thereof to pay the costs and disbursements of such action in such proportions as the court may deem just and equitable, including a reasonable amount for the survey, the fees of recording, and reasonable counsel fees for the plaintiff, and three dollars per day for the two commissioners other than the surveyor and ten cents per mile for each mile by them necessarily traveled.

Source: SL 1903, ch 173, § 3; RC 1919, § 506; SDC 1939, § 51.1112.
S.D. Codified Laws § 43-4-2 — SD Code / Title 43 / Chapter 4 / Section 43-4-2
Property subject to transfer--Rights of trustee, conservator, or personal representative
Status: in_force

Property of any kind may be transferred to a person, estate, trust, conservatorship, personal representative of an estate, conservator of an estate, or trustee, except as otherwise provided by this chapter.

In those cases where a trustee, conservator, or personal representative of an estate holds title to property, he holds it in a fiduciary capacity for the purposes of administration. In those cases where the trust, conservatorship, or estate itself is the grantee or transferee, the trustee, conservator, or personal representative thereof shall have the same rights, powers, duties, and liabilities with respect to the property so transferred as if the deed or other instrument of transfer had named the trustee, conservator, or personal representative as grantee or transferee.

Source: CivC 1877, § 601; CL 1887, § 3224; RCivC 1903, § 917; RC 1919, § 519; SDC 1939, § 51.1301; SL 1991, ch 363, § 1; SL 1992, ch 308; SL 1993, ch 213, § 232.
S.D. Codified Laws § 43-41B-16 — SD Code / Title 43 / Chapter 41B / Section 43-41B-16
Wages
Status: in_force

Unpaid wages, including wages represented by unpresented payroll checks, owing in the ordinary course of the holder's business which remains unclaimed by the owner for more than one year after becoming payable are presumed abandoned.

Source: SL 1992, ch 312, § 15.
S.D. Codified Laws § 43-39-21 — SD Code / Title 43 / Chapter 39 / Section 43-39-21
Depository not obligated to deliver deposit without demand
Status: in_force

A depository is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time.

Source: CivC 1877, § 1040; CL 1887, § 3664; RCivC 1903, § 1359; RC 1919, § 976; SDC 1939, § 60.0102 (2).
S.D. Codified Laws § 43-17-41 — SD Code / Title 43 / Chapter 17 / Section 43-17-41
Liability for damage from fencing on both sides of navigable streams
Status: in_force

No cause of action may arise against the owners, tenants, or lessees of any real estate for any injury to any person or death resulting therefrom or damage to property of the person in connection with the fencing of agricultural land on both sides of navigable streams if such fencing is in accordance with the provisions of § 43-17-35 .

This section does not affect the doctrine of attractive nuisance or other legal doctrines relating to the liability arising from artificial conditions highly dangerous to children.

Source: SL 1992, ch 310.
S.D. Codified Laws § 43-32-15 — SD Code / Title 43 / Chapter 32 / Section 43-32-15
Renewal of hiring of real property presumed unless notice given of termination
Status: in_force

A hiring of real property for a term not specified by the parties is deemed to be renewed as stated in § 43-32-14 at the end of the term implied by law unless one of the parties gives notice to the other of his intention to terminate the same at least as long before the expiration thereof as the term of the hiring itself, not exceeding one month.

Source: CivC 1877, § 1119; CL 1887, § 3742; RCivC 1903, § 1438; RC 1919, § 1062; SDC 1939, § 38.0416.
S.D. Codified Laws § 43-43A-7 — SD Code / Title 43 / Chapter 43A / Section 43-43A-7
Each transaction as separate offense
Status: in_force

Each and every individual and separate manufacture, distribution, sale, or offer of sale, at wholesale of a recorded article prohibited by this chapter shall constitute a separate offense and be punishable as such.

Source: SL 1975, ch 172, § 5.
S.D. Codified Laws § 43-2B-9 — SD Code / Title 43 / Chapter 2B / Section 43-2B-9
Applicability
Status: in_force

This chapter does not apply to:

(1) Any real property interest held by an entity that has received clearance, approval, or a determination of no unresolved national security concerns from the Committee on Foreign Investment in the United States, including any entity operating in compliance with a mitigation or national security agreement under section 721 of the Defense Production Act of 1950, 50 U.S.C. § 4565 (January 1, 2026);

(2) The exchange, expansion, purchase, relocation, or sale of a real property interest approved by the governing body of a county, municipality, or other political subdivision of this state;

(3) Any real property interest held by a prohibited entity solely for the purpose of securing indebtedness, if the prohibited entity does not take possession of, or obtain voting or managerial control over, the real property interest;

(4) Stock ownership in a publicly traded entity by a foreign person, as defined in § 43-2A-1 , if the foreign person does not control or operate the publicly traded entity, provided that de minimis stock ownership is not considered control or operation for purposes of this section;

(5) Any real property interest held by an individual who is a lawful permanent resident or citizen of the United States, including a dual citizen; or

(6) Any real property interest held by an individual with lawful status, as defined in § 32-12-1.1 .

Source: SL 2026, ch 177, § 9.
S.D. Codified Laws § 43-17-23 — SD Code / Title 43 / Chapter 17 / Section 43-17-23
Natural factors given precedence in water marks--When man-made influences considered
Status: in_force

In determining the ordinary high water mark, natural factors take precedence. Man - made influences, either those that have been constructed to lower the mark or those constructed to raise the mark, shall be disregarded unless the influences have been lawfully constructed or have existed and been accepted for a period of time determined by the Water Management Board to be the equivalent of natural conditions.

Source: SL 1978, ch 305, § 3; SL 1981, ch 308, § 3.
S.D. Codified Laws § 43-41B-45 — SD Code / Title 43 / Chapter 41B / Section 43-41B-45
Virtual currency--Promulgation of rules--Liquidation--Gain in value
Status: in_force

Virtual currency is deemed abandoned three years after the latest indication of interest. The administrator may decline to accept virtual currency presumed abandoned if, in the administrator's discretion:

(1) The virtual currency is not freely transferable;

(2) The virtual currency is of nominal value; or

(3) The value of the virtual currency is less than the estimated expenses of maintenance, notice, or sale.

The administrator may prescribe, by rule promulgated pursuant to chapter 1-26 , classes or types of virtual currency exempt from reporting or liquidation.

Except as otherwise provided in this section, a holder of unclaimed virtual currency shall liquidate the virtual currency within thirty days prior to the filing of the report required by § 43-41B-18 and remit the proceeds to the administrator.

If the holder is unable to liquidate the virtual currency, or reasonably believes the virtual currency cannot be liquidated, the holder must promptly provide written notice to the administrator explaining why the virtual currency cannot be liquidated as required by this section, and the administrator must direct the holder concerning an alternate disposition of the virtual currency.

An owner does not have recourse against the administrator or the holder to recover any gain in value that occurs after the liquidation of the virtual currency pursuant to this section.

For purposes of this section, "indication of interest" means any action or communication by an apparent owner that demonstrates the apparent owner's knowledge of the existence of property held, issued, or owing by the holder or the apparent owner's intent to retain ownership of property held, issued, or owing by the holder.

Source: SL 2025, ch 183, § 2.
S.D. Codified Laws § 43-2B-3 — SD Code / Title 43 / Chapter 2B / Section 43-2B-3
Time to dispose interest
Status: in_force

During any time in which there exists a military installation in this state, a prohibited entity that acquires a real property interest in this state:

(1) Through descent or devise, must dispose of the interest within three years of acquiring the interest; or

(2) By any means other than descent or devise, must dispose of the interest within two years of the date the interest was initially acquired in violation of this chapter.

Source: SL 2026, ch 177, § 3.
S.D. Codified Laws § 43-36-8 — SD Code / Title 43 / Chapter 36 / Section 43-36-8
Gift in view of death--Treatment as legacy--Creditors of giver
Status: in_force

A gift in view of death must be treated as a legacy, so far as it relates only to the creditors of the giver.

Source: CivC 1877, § 646; CL 1887, § 3267; RCivC 1903, § 960; RC 1919, § 568; SDC 1939, § 51.1512.
S.D. Codified Laws § 43-45-3 — SD Code / Title 43 / Chapter 45 / Section 43-45-3
Homestead absolutely exempt--Extent of exemption when sold or divided by court order
Status: in_force

A homestead:

(1) As defined and limited in chapter 43-31 , is absolutely exempt; or

(2) In the event the homestead is sold under the provisions of chapter 21-19 , or is sold by the owner voluntarily, the proceeds of the sale, not exceeding the sum of one hundred thousand dollars, are absolutely exempt for a period of one year after the receipt of the proceeds by the owner. If the homestead is divided by court order pursuant to § 25-4-44 and a lien is imposed on the homestead for the benefit of the nonoccupant spouse pursuant to § 25-4-42 , absence from the homestead and loss of title to the homestead pursuant to the court order do not constitute forfeiture of the homestead exemption, and homestead protection must attach to the judicial lien for a period of one year. The exemption is limited to one hundred seventy thousand dollars for a homestead of a person seventy years of age or older or the unremarried surviving spouse of such person so long as it continues to possess the character of a homestead.

Source: CCivP 1877, § 323, subdiv 7; CL 1887, § 5127, subdiv 7; SL 1890, ch 86, § 1; RCCivP 1903, § 345, subdiv 7; RC 1919, § 2658 (7); SDC 1939, § 51.1802; SL 1957, ch 267, § 1; SL 1966, ch 153; SL 1978, ch 156, § 8; SL 1980, ch 296, § 3; SL 2005, ch 235, § 1; SL 2009, ch 224, § 1; SL 2015, ch 223, § 4; SL 2025, ch 185, § 1.
S.D. Codified Laws § 43-36-7 — SD Code / Title 43 / Chapter 36 / Section 43-36-7
Gift in view of death not affected by will--Exception
Status: in_force

A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift.

Source: CivC 1877, § 645; CL 1887, § 3266; RCivC 1903, § 959; RC 1919, § 567; SDC 1939, § 51.1511.
S.D. Codified Laws § 43-28-4.1 — SD Code / Title 43 / Chapter 28 / Section 43-28-4.1
Affidavits stating facts relating identity of a party recorded
Status: in_force

An affidavit stating facts touching the identity of a party to any instrument of record or stating that a party to any such instrument is or was single or married, or touching the fact as to whether or not the land mentioned in any such instrument is or was the homestead of a party or parties to such instrument or touching the identification of any plats or subdivisions of any municipal corporation may be recorded in the office of the register of deeds of any county where such instrument is recorded. Such affidavits or certified copies thereof are prima facie evidence of the facts therein stated, and such affidavits, the record thereof, or certified copies thereof are admissible evidence without further proof.

Source: SL 1921, ch 351; SDC 1939 & Supp 1960, § 36.0204; SDCL, § 19-4-4 ; SL 1979, ch 154, § 16.
S.D. Codified Laws § 43-32-3 — SD Code / Title 43 / Chapter 32 / Section 43-32-3
Hiring of real property presumed for one year--Exception
Status: in_force

A hiring of real property, other than lodgings in places where there is no usage on the subject, is presumed to be for one year from its commencement unless otherwise expressed in the hiring.

Source: CivC 1877, § 1116; CL 1887, § 3739; RCivC 1903, § 1435; RC 1919, § 1059; SDC 1939, § 38.0411.
S.D. Codified Laws § 43-17-26 — SD Code / Title 43 / Chapter 17 / Section 43-17-26
Ownership and rights of use unaffected
Status: in_force

Nothing in §§ 43-17-20 to 43-17-25 , inclusive, shall be construed to alter rights of ownership and use of any lands bordering upon navigable lakes or streams or those portions of such lands between ordinary high water mark and ordinary low water mark.

Source: SL 1978, ch 305, § 7; SL 1981, ch 308, § 5.
S.D. Codified Laws § 43-25-27 — SD Code / Title 43 / Chapter 25 / Section 43-25-27
Unrecorded instrument showing title to real property--Ownership--Passing with title
Status: in_force

Instruments essential to the title of real property and which are not kept in a public office as a record pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title.

Source: CivC 1877, § 579; CL 1887, § 3202; RCivC 1903, § 895; RC 1919, § 493; SDC 1939, § 51.0811.
S.D. Codified Laws § 43-19-6 — SD Code / Title 43 / Chapter 19 / Section 43-19-6
Tax levy for erection of permanent landmarks by organized township
Status: in_force

In case any township shall vote in favor of the erection of permanent landmarks, the township board shall ascertain the amount of money requisite for such purpose, and deliver a statement of such amount to the township clerk, who shall add such amount to the other amounts to be raised for township purposes for the current year and insert the same in the tax roll, and it shall be collected and paid to the treasurer in like manner as other taxes.

Source: SL 1890, ch 35, § 6; RPolC 1903, § 1155; RC 1919, § 6144; SDC 1939, § 58.1204.
S.D. Codified Laws § 43-20-8 — SD Code / Title 43 / Chapter 20 / Section 43-20-8
Signatures required for filing of corner record
Status: in_force

No corner record shall be filed unless the same is signed by a registered surveyor, or, in the case of an agency of the United States government the certificate may be signed by the survey party chief making the survey.

Source: SL 1967, ch 58, § 9.
S.D. Codified Laws § 43-2B-4 — SD Code / Title 43 / Chapter 2B / Section 43-2B-4
Attorney general investigation of allegation--Subpoena power
Status: in_force

The attorney general shall investigate any alleged violation of this chapter.

Upon commencing an enforcement action pursuant to § 43-2B-5 , the attorney general may, in addition to any authority granted under §§ 15-6-28.2 to 15-6-28.4 , inclusive, subpoena from any prohibited entity, any:

(1) Contract, purchase agreement, or other transaction document related to a real property interest in this state;

(2) Deed or title to the interest;

(3) Documentation concerning the financing or ownership of the interest;

(4) Documentation identifying any party to a transaction related to the interest; and

(5) Any other documentation or information necessary to investigate or substantiate an alleged violation of this chapter.

Source: SL 2026, ch 177, § 4.
S.D. Codified Laws § 43-20-14 — SD Code / Title 43 / Chapter 20 / Section 43-20-14
Citation of chapter
Status: in_force

This chapter may be cited as the "Corner Perpetuation and Filing Act."

Source: SL 1967, ch 58, § 1.
S.D. Codified Laws § 43-44-11 — SD Code / Title 43 / Chapter 44 / Section 43-44-11
Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages
Status: in_force

Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin the unauthorized use of the same, or any infringement, counterfeit, or imitation thereof; and in such action may have judgment for injunction, damages, including profits acquired by the defendant, and order for destruction of all counterfeits or imitations, according to the rights of such person established in such action.

Source: SDC 1939, § 51.0907.
S.D. Codified Laws § 43-17-24.2 — SD Code / Title 43 / Chapter 17 / Section 43-17-24.2
Prior decisions on water marks validated--Rights barred by no action
Status: in_force

Any decision of the Water Management Board setting a high water mark or a low water mark prior to January 1, 1992, is hereby cured, legalized, and validated as fully as if the decision had been issued in full compliance with § 43-17-24 .

If any person has any vested right in any real or personal property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10 .

Source: SL 1987, ch 316, § 1; SL 1992, ch 307, § 53.
S.D. Codified Laws § 43-39-11 — SD Code / Title 43 / Chapter 39 / Section 43-39-11
Gratuitous depository--Care for preservation of deposit
Status: in_force

A gratuitous depository must use at least slight care for the preservation of the thing deposited.

Source: CivC 1877, § 1055; CL 1887, § 3679; RCivC 1903, § 1374; RC 1919, § 991; SDC 1939, § 60.0102 (15).
S.D. Codified Laws § 43-26-4 — SD Code / Title 43 / Chapter 26 / Section 43-26-4
Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception
Status: in_force

Where the incident of survivorship exists in the title to real estate the subsequent execution of a contract for sale by all of the joint tenants shall not destroy the incident of survivorship unless expressly provided.

The provisions of this section shall also be applicable to agreements heretofore executed.

Source: SL 1966, ch 154; SL 1969, ch 196.
S.D. Codified Laws § 43-32-35 — SD Code / Title 43 / Chapter 32 / Section 43-32-35
Service animal documentation requirements
Status: in_force

The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation. The documentation shall originate from a licensed health care provider who does not operate in this state solely to provide certification for service or assistance animals.

Source: SL 2018, ch 259, § 3.
S.D. Codified Laws § 43-46-5 — SD Code / Title 43 / Chapter 46 / Section 43-46-5
Joinder of surviving joint owners in action--Right of contribution
Status: in_force

In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any such surviving joint owner who is made a defendant in any such action shall have the right to require any other such surviving joint owner within the jurisdiction of the court to be joined as a party defendant in such action and shall also have the right of pro rata contribution against other surviving joint owners, to the extent of their respective liability hereunder.

Source: SL 1969, ch 198 (3); SDCL 30-21A-5; SL 1995, ch 167, § 167.
S.D. Codified Laws § 43-4-55 — SD Code / Title 43 / Chapter 4 / Section 43-4-55
Effect of failure to provide written statement of private transfer fee payable within thirty days of request
Status: in_force

If the payee fails to provide a written statement of the transfer fee payable within thirty days of the date of a written request for such statement sent to the address shown in the notice of transfer fee, the grantor, on recording of the affidavit required under § 43-4-56 , may convey any interest in the real property to any grantee without payment of the transfer fee and is not subject to any further obligation under the private transfer fee obligation. In such event the real property shall be conveyed free and clear of the transfer fee and private transfer fee obligation.

Source: SL 2011, ch 196, § 10.
S.D. Codified Laws § 43-15A-30 — SD Code / Title 43 / Chapter 15A / Section 43-15A-30
Promulgation of rules to administer and enforce chapter
Status: in_force

The Real Estate Commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter.

Source: SL 1986, ch 302, § 94.
S.D. Codified Laws § 43-23-2 — SD Code / Title 43 / Chapter 23 / Section 43-23-2
Duty of adjoining owner of land to build half of partition fence
Status: in_force

Unless otherwise agreed upon, if adjoining landowners are liable for one - half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 , each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built.

Source: SL 1909, ch 197, § 2; RC 1919, § 10532; SDC 1939, § 19.0102; SL 1988, ch 350, § 2.
S.D. Codified Laws § 43-15B-7 — SD Code / Title 43 / Chapter 15B / Section 43-15B-7
Sale of unregistered project prohibited--Exception--Issuance of restricted licenses
Status: in_force

No person may offer to sell in this state any time - share project, or offer to sell outside the state any time - share in a time - share project located within this state without first registering the time - share project with the South Dakota Real Estate Commission. The sale or transfer of a time - share project by an owner other than the developer or sales agent is exempt from this chapter. The Real Estate Commission may issue restricted brokers' or salesmen's licenses for time share brokers or salesmen pursuant to § 36-21-28.1.

Source: SL 1983, ch 273, § 7; SL 1986, ch 302, § 99.
S.D. Codified Laws § 43-25-13 — SD Code / Title 43 / Chapter 25 / Section 43-25-13
Lineal and collateral warranties abolished--Exception
Status: in_force

Lineal and collateral warranties, with all their incidents, are abolished, except as provided by §§ 43-25-14 to 43-25-19 , inclusive.

Source: CivC 1877, § 633; CL 1887, § 3254; RCivC 1903, § 947; RC 1919, § 555; SDC 1939, § 51.1414.
S.D. Codified Laws § 43-41B-25 — SD Code / Title 43 / Chapter 41B / Section 43-41B-25
Filing claim with administrator--Handling of claims by administrator
Status: in_force

(a) A person, excluding another state, claiming an interest in any property paid or delivered to the administrator may file a claim on a form prescribed by the administrator and verified by the claimant.

(b) The administrator shall consider each claim within one hundred eighty days after it is filed and provide notice to the claimant if the claim is denied in whole or in part. The notice may be sent by mail to the last address of the claimant stated in the claim for the receipt of notices. In the alternative, the notice may be sent electronically to the last e-mail address of the claimant or to the e-mail address stated in the claim for the receipt of notices.

If no address for notices is stated in the claim, the notice may be mailed to the last address, or e-mailed to the last e-mail address of the claimant, as stated in the claim. No notice of denial need be given if the claim fails to state either the last mailing or e-mail address to which notices are to be sent or the mailing or e-mail address of the claimant.

(c) If a claim is allowed, the administrator shall pay over or deliver to the claimant the property or the amount the administrator actually received or the net proceeds if the property has been sold by the administrator, together with any additional amount required by § 43-41B- 22.

If the claim is for property that is presumed abandoned under § 43-41B-10 and that was sold by the administrator within one hundred eighty days of confirmed receipt of the property, the amount payable for that claim is the net proceeds of sale. When property is paid or delivered to the administrator under this chapter, the owner is not entitled to receive income or other increments accruing thereafter.

Source: SL 1992, ch 312, § 24; SL 2017, ch 190, § 2, eff. Mar. 10, 2017; SL 2018, ch 258, § 2; SL 2019, ch 194, § 5.
S.D. Codified Laws § 43-33-1 — SD Code / Title 43 / Chapter 33 / Section 43-33-1
Thing affixed to land, definition
Status: in_force

A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of cement, plaster, nails, bolts, or screws.

Source: CivC 1877, § 165; CL 1887, § 2681; RCivC 1903, § 188; RC 1919, § 258; SDC 1939, § 51.0104.
S.D. Codified Laws § 43-15A-20 — SD Code / Title 43 / Chapter 15A / Section 43-15A-20
True copies to be exact reproductions of commission's reports
Status: in_force

The true copies of the Real Estate Commission's public reports shall be an exact reproduction of those prepared by the commission.

Source: SL 1975, ch 270, § 16; SL 1986, ch 302, § 89.
S.D. Codified Laws § 43-20-9 — SD Code / Title 43 / Chapter 20 / Section 43-20-9
Filing in accordance with chapter required
Status: in_force

No filing shall be of any force or legal effect unless and until filed as provided in this chapter.

Source: SL 1967, ch 58, § 12.
S.D. Codified Laws § 43-25-21 — SD Code / Title 43 / Chapter 25 / Section 43-25-21
Corporate seal or acknowledgment as prima facie evidence of executing officer's authorization
Status: in_force

The corporate seal of any corporation attached to a deed, mortgage, assignment of mortgage, release of mortgage, or other instrument executed and acknowledged by any officer of such corporation is prima facie evidence that such officer was duly authorized to execute such instrument on behalf of such corporation. Likewise, a corporate acknowledgment attached to or made part of any deed, mortgage, assignment of mortgage, release of mortgage, or other instrument executed by any officer of such corporation is prima facie evidence that such officer was duly authorized to execute such instrument on behalf of such corporation.

Source: SDC 1939, § 51.1404; SL 1999, ch 216, § 1; SL 2014, ch 47, § 16.
S.D. Codified Laws § 43-41B-20 — SD Code / Title 43 / Chapter 41B / Section 43-41B-20
Payment or delivery of abandoned property
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c) of this section, a person who is required to file a report under this chapter shall, at the same time as the final date for filing the report as required, pay or deliver to the administrator all abandoned property required to be reported.

(b) If the owner establishes the right to receive the abandoned property to the satisfaction of the holder before the property has been delivered or it appears that for some other reason the presumption of abandonment is erroneous, the holder need not pay or deliver the property to the administrator, and the property will no longer be presumed abandoned. In that case, the holder shall file with the administrator a verified written explanation of the proof of claim or of the error in the presumption of abandonment.

(c) Property reported under § 43-41B-18 for which the holder is not required to report the name of the apparent owner must be delivered to the administrator at the time of filing the report.

(d) The holder of any interest shall deliver a duplicate certificate or other evidence of ownership to the administrator, the holder and any transfer agent, registrar or other person acting for or on behalf of a holder in executing or delivering the duplicate certificate is relieved of all liability of every kind in accordance with the provisions of this chapter to every person, including any person acquiring the original certificate or the duplicate of the certificate or the duplicate of the certificate issued to the department, for any losses or damages resulting to the person by the issuance and delivery to the department of the duplicate certificate.

Source: SL 1992, ch 312, § 19.
S.D. Codified Laws § 43-34-8 — SD Code / Title 43 / Chapter 34 / Section 43-34-8
Common ownership provisions not applicable to willful use of materials of another without his consent--Ownership of product by owner of materials--Tracing identity
Status: in_force

Sections 43-34-2 to 43-34-7 , inclusive, are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced.

Source: CivC 1877, § 596; CL 1887, § 3219; RCivC 1903, § 912; RC 1919, § 514; SDC 1939, § 51.1205.
S.D. Codified Laws § 43-32-5 — SD Code / Title 43 / Chapter 32 / Section 43-32-5
Lease of real property for more than one year--Written contract necessary
Status: in_force

No agreement for the leasing of real property or an interest therein for a longer period than one year is valid unless the same, or some note or memorandum thereof, be in writing, signed by the lessor or his agent thereunto authorized in writing.

Source: CivC 1877, § 993; CL 1887, § 3617; RCivC 1903, § 1311; RC 1919, § 856; SDC 1939, § 38.0402.
S.D. Codified Laws § 43-12-6 — SD Code / Title 43 / Chapter 12 / Section 43-12-6
Apportionment of burden or benefit of covenant running with land between several titles
Status: in_force

Where several persons holding by several titles are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.

Source: CivC 1877, § 826; CL 1887, § 3450; RCivC 1903, § 1143; RC 1919, § 750; SDC 1939, § 51.0428.
S.D. Codified Laws § 43-39-16 — SD Code / Title 43 / Chapter 39 / Section 43-39-16
Services rendered by depository
Status: in_force

So far as any service is rendered by a depository, or required from him, his duties and liabilities are prescribed by chapters 60-1 to 60-4 , inclusive.

Source: CivC 1877, § 1051; CL 1887, § 3675; RCivC 1903, § 1370; RC 1919, § 987; SDC 1939, § 60.0102 (13).
S.D. Codified Laws § 43-30-3 — SD Code / Title 43 / Chapter 30 / Section 43-30-3
Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest
Status: in_force

Such marketable title shall be held by such person and shall be taken by his successors in interest free and clear of all interest, claims, and charges whatever, the existence of which depends in whole or in part upon any act, transaction, event, or omission that occurred twenty - two years or more prior thereto, whether such claim or charge be evidenced by a recorded instrument or otherwise, and all such interest, claims, and charges affecting such interest in real property shall be barred and not enforceable at law or equity, unless any person making such claim or asserting such interest or charge shall, on or before twenty - three years from the date of recording of deed of conveyance under which title is claimed, or on or before July 1, 1958, whichever event is the latest in point of time, file for record a notice in writing, duly verified by oath, setting forth the nature of his claim, interest, or charge; and no disability nor lack of knowledge of any kind on the part of anyone shall operate to extend his time for filing such claim after the expiration of twenty - three years from the recording of such deed of conveyance or one year after July 1, 1957, whichever event is the latest in point of time.

Source: SL 1947, ch 233, § 3; SL 1951, ch 256, § 3; SL 1957, ch 266, § 3; SDC Supp 1960, § 51.16B03.
S.D. Codified Laws § 43-40-4 — SD Code / Title 43 / Chapter 40 / Section 43-40-4
Exemption of hotel proprietor from liability for property of guest
Status: in_force

No hotel proprietor shall be liable for the loss of or injury to such baggage or other articles of property of his guest, unless the same shall have been actually delivered by such guest to such hotel proprietor or to his servants for safekeeping, or unless such loss or injury shall have occurred through the negligence of such hotel proprietor, or by his servants or employees in such hotel.

Source: SL 1913, ch 237, § 3; RC 1919, § 1000; SDC 1939, § 60.0703.
S.D. Codified Laws § 43-24-9 — SD Code / Title 43 / Chapter 24 / Section 43-24-9
Erection of local option partition fence not required when earth is frozen
Status: in_force

Such delinquent owner shall not be required to erect such partition fence at any season when the earth is frozen.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206.
S.D. Codified Laws § 43-11-57 — SD Code / Title 43 / Chapter 11 / Section 43-11-57
Disposition under power to several persons--Allotment in equal proportions
Status: in_force

Where a disposition under a power is directed to be made to, among, or between several persons without any specification of the share or sum to be allotted to each, all the persons designated are entitled in equal proportions.

Source: CivC 1877, § 352; CL 1887, § 2868; RCivC 1903, § 375; RC 1919, § 442; SDC 1939, § 59.0455.
S.D. Codified Laws § 43-19-9 — SD Code / Title 43 / Chapter 19 / Section 43-19-9
Appeal from order granting petition to establish permanent landmarks--Stay of proceedings
Status: in_force

Any person feeling aggrieved by the granting of the petition may appeal from the order granting the same to the circuit court, at any time within thirty days after the order from which the appeal is taken was made. But no stay of proceedings upon such petition shall be had pending such appeal, unless the party appealing shall execute an undertaking with two sufficient sureties in the sum of five hundred dollars, to be approved by the clerk of courts, conditioned for the payment of all costs and damages which may be adjudged against the appellant upon such appeal.

Source: SL 1901, ch 204, § 1; RPolC 1903, § 1156; RC 1919, § 6145; SDC 1939, § 58.1205.
S.D. Codified Laws § 43-11-61 — SD Code / Title 43 / Chapter 11 / Section 43-11-61
Defective execution of power--Proper execution adjudged in favor of beneficiaries
Status: in_force

Where the execution of a power in trust is defective in whole or in part under the provisions of this chapter, its proper execution may be adjudged in favor of the persons designated as the objects of the trust.

Source: CivC 1877, § 357; CL 1887, § 2873; RCivC 1903, § 380; RC 1919, § 447; SDC 1939, § 59.0460.
S.D. Codified Laws § 43-4-51 — SD Code / Title 43 / Chapter 4 / Section 43-4-51
Disclosure of private transfer fee obligations
Status: in_force

Private transfer fee obligations shall be disclosed as follows:

(1) For transfers of real property subject to the disclosure requirements contained in §§ 43-4-38 to 43-4-44 , inclusive, disclosure of any private transfer fee obligations shall be made using the property condition disclosure statement set forth in § 43-4-44 ;

(2) For transfers of real property not subject to the disclosure requirements contained in §§ 43-4-38 to 43-4-44 , inclusive, each seller of real property shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that private transfer fee obligations are subject to certain prohibitions pursuant to §§ 43-4-46 to 43-4-57 , inclusive. The written document must contain a statement with the following language:

A private transfer fee obligation has been imposed with respect to this property. A private transfer obligation may lower the value of this property. State law prohibits the creation of private transfer fee obligations pursuant to § 43-4-49 and requires certain notice procedures to be followed with respect to private transfer fee obligations pursuant to §§ 43-4-52 to 43-4-57 , inclusive.

Source: SL 2011, ch 196, § 6.
S.D. Codified Laws § 43-2A-6.3 — SD Code / Title 43 / Chapter 2A / Section 43-2A-6.3
Violation--Appeal
Status: in_force

A foreign entity, foreign government, foreign person, or prohibited entity, whose agricultural land interest was forfeited by an enforcement action brought by the attorney general, may appeal within thirty days of the judgment, pursuant to chapter 15-26A .

Source: SL 2024, ch 176, § 9.
S.D. Codified Laws § 43-43B-8 — SD Code / Title 43 / Chapter 43B / Section 43-43B-8
Venue for violations
Status: in_force

For the purpose of venue under the provisions of this chapter, any violation of this chapter shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction violating this chapter; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, computer software, computer program, or other material, objects or items which were used in any county from which, to which, or through which any access to a computer, computer system, or computer network was made whether by wires, electromagnetic waves, microwaves, or any other means of communication.

Source: SL 1984, ch 282, § 5.
S.D. Codified Laws § 43-18-8 — SD Code / Title 43 / Chapter 18 / Section 43-18-8
Survey of lines or monuments in dispute--Disinterested persons as chainmen
Status: in_force

Whenever the survey made is of lines or monuments in dispute, or by order of any court, the chainmen must be disinterested persons, approved and sworn by the surveyor to measure justly and impartially to the best of their skill and ability.

Source: PolC 1877, ch 21, § 100; CL 1887, § 692; RPolC 1903, § 924; RC 1919, § 5991; SDC 1939, § 12.1208.
S.D. Codified Laws § 43-28-23 — SD Code / Title 43 / Chapter 28 / Section 43-28-23
Format standards for real estate documents recorded with the register of deeds
Status: in_force

Any real estate document recorded with the register of deeds, except for plats, shall:

(1) Consist of one or more individual sheets measuring no larger than 8.5 inches by 14 inches and no smaller than 8.5 inches by 11 inches. No sheet may be attached or affixed to a page that covers up any information or printed material on the document;

(2) Be printed, typewritten, or computer generated in black ink and the print type of the document may not be smaller than 10-point type. However, dates, notarial acknowledgments, signatures, and other items may be completed in black or blue ink if the document is predominantly completed in black ink and if the items that are completed in blue ink are sufficiently dark to meet the requirements of subdivision (6);

(3) Be on white paper of not less than twenty pound weight;

(4) Contain a blank space at the top measuring no less than three inches as measured from the top of the first page. The right half shall be used by the register of deeds for recording information and the left half shall be used by the document preparer as required pursuant to § 7-9-1 and may include other document information. All other margins shall be a minimum of one inch;

(5) Have a title prominently displayed at the top of the first page below the blank space referred to in subdivision (4) of this section; and

(6) Be sufficiently legible to reproduce a readable copy using the register of deed's current method of reproduction.

Any document that does not conform to the requirements of subdivisions (1) to (5), inclusive, has the same effect as conforming documents for all recording purposes, including establishing priority. Any affidavit of publication, corner record, survey, certified court or governmental document, and UCC form recorded against real estate is exempt from the provisions of this section. Any plat or survey and certified vital record attached to documents is also exempt from the provisions of this section.

The provisions of this section do not apply to any real estate document prepared and executed prior to July 1, 2002.

Source: SL 2001, ch 240, § 1; SL 2003, ch 228, § 1; SL 2006, ch 64, § 2; SL 2008, ch 225, § 1; SL 2010, ch 214, § 7; SL 2012, ch 51, § 7.
S.D. Codified Laws § 43-39-27 — SD Code / Title 43 / Chapter 39 / Section 43-39-27
Indemnification of depository by depositor
Status: in_force

A depositor must indemnify the depository:

(1) For all damage caused to him by the defects or vices of the thing deposited; and

(2) For all expenses necessarily incurred by him about the thing, other than such as are involved in the nature of the undertaking.

Source: CivC 1877, § 1045; CL 1887, § 3669; RCivC 1903, § 1364; RC 1919, § 981; SDC 1939, § 60.0102 (7).
S.D. Codified Laws § 43-28-22 — SD Code / Title 43 / Chapter 28 / Section 43-28-22
Real estate conveyance by fiduciary construed as made for purposes of administration--Time limit to enforce rights to property in trust, estate, or guardianship
Status: in_force

All transfers of real property made to, or by, a trust, conservatorship, or estate shall be construed as being made to, or by, the fiduciary for purposes of administration. All such conveyances shall be treated as if the conveyances had been made to, or by, the fiduciary for purposes of administration.

If any person is construed to retain any right in property due to the fact that the person's conveyance was to a trust, estate, or guardianship, and if no action or proceeding to enforce such right was commenced prior to July 1, 2003, such right shall be forever barred. No action or proceeding so brought involving real property is of any force or effect, or maintainable in any court of this state, unless prior to July 1, 2003, a notice of the pendency of such action was recorded in the office of the register of deeds of the county where the property is located, in accordance with chapter 15-10 .

Source: SL 1991, ch 363, § 2; SL 2002, ch 100, § 14.
S.D. Codified Laws § 43-4-56 — SD Code / Title 43 / Chapter 4 / Section 43-4-56
Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents
Status: in_force

An affidavit stating the facts enumerated under § 43-4-57 shall be recorded in the office of the register of deeds in the county in which the real property is situated prior to or simultaneously with a conveyance pursuant to § 43-4-55 of real property unburdened by a private transfer fee obligation. An affidavit filed under this section shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of such real property at the time of the signing of such affidavit, a reference to the instrument of record containing the private transfer fee obligation, and an acknowledgment that the affiant is testifying under penalty of perjury.

Source: SL 2011, ch 196, § 11.
S.D. Codified Laws § 43-2-4 — SD Code / Title 43 / Chapter 2 / Section 43-2-4
Absolute or qualified ownership of property
Status: in_force

The ownership of property is either:

(1) Absolute; or

(2) Qualified.

Source: CivC 1877, § 171; CL 1887, § 2687; RCivC 1903, § 194; RC 1919, § 264; SDC 1939, § 51.0207.
S.D. Codified Laws § 43-28-28 — SD Code / Title 43 / Chapter 28 / Section 43-28-28
Noncomplying documents not rejected for recording
Status: in_force

The register of deeds may not reject a document or instrument presented for recording solely because the document or instrument fails to comply with §§ 43-28-24 to 43-28-27 , inclusive.

Source: SL 2010, ch 214, § 6.
S.D. Codified Laws § 43-32-29 — SD Code / Title 43 / Chapter 32 / Section 43-32-29
Rights and remedies preserved
Status: in_force

All other rights or remedies of the lessor and the lessee pursuant to any other provision of the law are preserved, except as modified by §§ 43-32-27 and 43-32-28 .

Source: SL 1994, ch 341, § 3.
S.D. Codified Laws § 43-35-6 — SD Code / Title 43 / Chapter 35 / Section 43-35-6
Good will of a business--Definition--Property subject to transfer
Status: in_force

The good will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired.

The good will of a business is property, transferable like any other.

Source: CivC 1877, §§ 577, 578; CL 1887, §§ 3200, 3201; RCivC 1903, §§ 893, 894; RC 1919, §§ 491, 492; SDC 1939, § 51.0810.
S.D. Codified Laws § 43-2-5 — SD Code / Title 43 / Chapter 2 / Section 43-2-5
Absolute ownership of property defined
Status: in_force

The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws.

Source: CivC 1877, § 172; CL 1887, § 2688; RCivC 1903, § 195; RC 1919, § 265; SDC 1939, § 51.0208.
S.D. Codified Laws § 43-17-33 — SD Code / Title 43 / Chapter 17 / Section 43-17-33
Public access to private lands pursuant to §43-17-32--Identification of affected property by state agency
Status: in_force

If public access to taxable private lands is allowed by a state agency pursuant to § 43-17-32 , the agency shall identify and mark the affected property in a manner that is plainly visible and understandable to a user of the property.

Source: SL 1989, ch 379, § 5.
S.D. Codified Laws § 43-13-8 — SD Code / Title 43 / Chapter 13 / Section 43-13-8
Use of easements by owner of future estate in dominant tenement
Status: in_force

The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant.

Source: CivC 1877, § 251; CL 1887, § 2767; RCivC 1903, § 274; RC 1919, § 344; SDC 1939, § 51.0606.
S.D. Codified Laws § 43-8-4 — SD Code / Title 43 / Chapter 8 / Section 43-8-4
Recovery of rent dependent upon life of another
Status: in_force

Rent dependent upon the life of a person may be recovered after as well as before his death.

Source: CivC 1877, § 263; CL 1887, § 2779; RCivC 1903, § 286; RC 1919, § 356; SDC 1939, § 51.0708.
S.D. Codified Laws § 43-40-1 — SD Code / Title 43 / Chapter 40 / Section 43-40-1
Liability of innkeeper or hotel keeper for loss of or injury to property of guest
Status: in_force

No innkeeper or hotel keeper, whether individual, partnership, or corporation, who constantly has in the inn or hotel a metal safe or suitable vault in good order and who keeps on the doors of the sleeping rooms used by guests suitable locks or bolts, and on the transoms and windows of the rooms suitable fastenings and who keeps a copy of this section printed in distinct type constantly and conspicuously posted in each guest room, is liable for the loss or injury suffered by any guest, unless the guest offered to deliver any valuable property to the innkeeper or hotel keeper for custody in the metal safe or vault, and the innkeeper or hotel keeper omitted or refused to take it and deposit it in the safe or vault for custody and to give the guest a receipt. However, the keeper of any inn or hotel is not obliged to receive from any one guest for deposit in the safe or vault any property exceeding a total value of three hundred dollars, and is not liable for any excess of such property, whether received or not.

Source: CivC 1877, § 1063; CL 1887, § 3687; RCivC 1903, § 1383; SL 1913, ch 237, § 1; RC 1919, § 998; SDC 1939, § 60.0701; SL 1995, ch 248.
S.D. Codified Laws § 43-29-1 — SD Code / Title 43 / Chapter 29 / Section 43-29-1
Title to real property unaffected by notice of pendency of action recorded after expiration of ten years from date of filing
Status: in_force

The record of notice of pendency of any action of record in the office of the register of deeds shall not affect the title of any real property in the county where recorded after expiration of ten years from the date of filing, and notice thereof shall be deemed to have been discharged and canceled of record upon the expiration of ten years from the date of recording.

Source: SL 1943, ch 175, § 1; SDC Supp 1960, § 51.1626 (1).
S.D. Codified Laws § 43-32-37 — SD Code / Title 43 / Chapter 32 / Section 43-32-37
Ejection--Hotel, campground, or RV park premises
Status: in_force

A hotel, campground, or RV park establishment may eject a person from the establishment premises, without return of the person's rental payment, as per the establishment's cancellation policy, for any of the following reasons:

(1) Nonpayment of the business's charges for accommodations or services;

(2) The person is engaged in disorderly conduct, as described in § 22-18-35 , or has been the subject of complaints from other guests;

(3) The person is using the premises for an unlawful act;

(4) The person brought onto the premises any explosive or destructive device, as those terms are defined in § 22-1-2 ;

(5) The person is not a registered guest of the establishment;

(6) The person has exceeded the limitations for guest room or site occupancy established by the establishment;

(7) The person has obtained the accommodation under false pretenses;

(8) The person is a minor and is not under the supervision of the adult who has obtained the accommodation;

(9) The person has violated any federal, state, or local laws or regulations relating to the establishment; or

(10) The person has violated any rule of the business that is posted in a conspicuous place at or near the guest registration desk or inside each guest room, as applicable, of the establishment; except that no rule may authorize the establishment to eject or refuse or deny service in violation of chapter 20-13 .

Source: SL 2022, ch 164, § 1.
S.D. Codified Laws § 43-25-7 — SD Code / Title 43 / Chapter 25 / Section 43-25-7
Quitclaim deed--Standard form
Status: in_force

The standard form of quitclaim deeds in this state is as follows:

________, grantor, of ________ county, state of ________, for and in consideration of ________ dollars, conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the following described real estate in the county of ________ in the State of South Dakota

__________

__________

__________

Dated this ________ day of ________, 20____.

(ACKNOWLEDGMENT)

Source: SL 1911, ch 257, § 2; RC 1919, § 542; SDC 1939, § 51.1403.
S.D. Codified Laws § 43-31-5 — SD Code / Title 43 / Chapter 31 / Section 43-31-5
Homestead exemption does not apply to gold and silver mines and mills
Status: in_force

No lode mining claim embracing any gold or silver mine, nor any gold or silver mill, nor any mill, smelter, or machinery intended or used for the reduction or milling of gold or silver ores shall be susceptible of being claimed or set off as exempt as a homestead.

Source: SL 1885, ch 65, § 1; CL 1887, § 2468; RPolC 1903, § 3236; RC 1919, § 460; SDC 1939, § 42.0101.
S.D. Codified Laws § 43-28-5 — SD Code / Title 43 / Chapter 28 / Section 43-28-5
Presumption that execution of certificate attached to copy of instrument eligible for record was made by authorized officer
Status: in_force

In the absence of any showing of record to the contrary, it shall be presumed that any person or officer who purports to have executed a certificate attached to a copy of any instrument or record which is by § 43-28-4 made eligible for record was duly authorized to execute such certificate at the time it purports to have been executed.

Source: SL 1949, ch 208, § 2; SDC Supp 1960, § 51.1628.
S.D. Codified Laws § 43-31-25 — SD Code / Title 43 / Chapter 31 / Section 43-31-25
Appointment of conservator to join in conveyance or encumbrance for incapacitated spouse--No bond--Termination of conservatorship
Status: in_force

If there is no conservator of such incapacitated person, such application shall be deemed to include an application for appointment of such conservator, and if the application is granted, the order shall include an appointment of such conservator and if such incapacitated person has no property other than such homestead right, no bond may be required of such conservator, and the conservator's duties shall be deemed terminated and the conservatorship closed upon the conveyance or encumbrance being executed.

Source: SDC 1939, § 51.1704; SL 1972, ch 233, § 9; SL 1993, ch 213, § 241.
S.D. Codified Laws § 43-17-4 — SD Code / Title 43 / Chapter 17 / Section 43-17-4
Opposite banks of nonnavigable stream belonging to different persons--Stream and bed common to both
Status: in_force

In all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.

Source: CivC 1877, § 266; CL 1887, § 2782; RCivC 1903, § 289; RC 1919, § 359; SDC 1939, § 51.0703.
S.D. Codified Laws § 43-2-6 — SD Code / Title 43 / Chapter 2 / Section 43-2-6
Qualified ownership of property defined
Status: in_force

The ownership of property is qualified:

(1) When it is shared with one or more persons;

(2) When the time of enjoyment is deferred or limited; or

(3) When the use is restricted.

Source: CivC 1877, § 173; CL 1887, § 2689; RCivC 1903, § 196; RC 1919, § 266; SDC 1939, § 51.0209.
S.D. Codified Laws § 43-20-12 — SD Code / Title 43 / Chapter 20 / Section 43-20-12
Completed corner record--Preservation in hardbound book--Numbering and indexing
Status: in_force

The county register of deeds of the county containing the corner shall receive the completed corner record and preserve it in a hardbound book. The books shall be numbered in numerical order and indexed by legal description showing section, township, and range (or addition, block, and lot).

Source: SL 1967, ch 58, § 7 (a); SL 1982, ch 297, § 3.
S.D. Codified Laws § 43-39-7 — SD Code / Title 43 / Chapter 39 / Section 43-39-7
Deposit for storage defined--Depository as depository for hire
Status: in_force

A deposit not gratuitous is called storage. The depository in such case is called a depository for hire.

Source: CivC 1877, § 1057; CL 1887, § 3681; RCivC 1903, § 1376; RC 1919, § 993; SDC 1939, § 60.0101 (6).
S.D. Codified Laws § 43-23-1 — SD Code / Title 43 / Chapter 23 / Section 43-23-1
Erection and maintenance of partition fence--Liability of owners of adjoining land
Status: in_force

Unless adjoining landowners otherwise agree, every owner of land shall be liable for one - half of the expense of erecting and maintaining a partition fence between his own and adjoining lands. However, no owner of land is liable for such expense if neither keeps livestock on the affected tract of land and neither derives any other substantial benefit from the fence for a period of five years from the date of erection or repair of the fence.

Source: SL 1909, ch 197, § 1; RC 1919, § 10531; SL 1919, ch 204; SDC 1939, § 19.0101; SL 1988, ch 350, § 1.
S.D. Codified Laws § 43-11-27 — SD Code / Title 43 / Chapter 11 / Section 43-11-27
Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power
Status: in_force

A mortgage executed by the owner of a life estate having a power to make leases by virtue of any beneficial power, does not extinguish or suspend the power, but the power is bound by the mortgage in the same manner as the real property embraced therein.

Source: CivC 1877, § 346; CL 1887, § 2862; RCivC 1903, § 369; RC 1919, § 436; SDC 1939, § 59.0449.
S.D. Codified Laws § 43-34-3 — SD Code / Title 43 / Chapter 34 / Section 43-34-3
Principal part of thing which has been united--Definition--Necessity for separation and return to original owner
Status: in_force

For the purposes of § 43-34-2 , that part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable and has been united without the knowledge of its owner, who may in the latter case require it to be separated and returned to him although some injury should result to the thing to which it has been united.

Source: CivC 1877, § 591; CL 1887, § 3214; RCivC 1903, § 907; RC 1919, § 509; SDC 1939, § 51.1201.
S.D. Codified Laws § 43-19-11 — SD Code / Title 43 / Chapter 19 / Section 43-19-11
Bond of surveyor contracting to erect landmarks in unorganized township
Status: in_force

The surveyor with whom a contract is made pursuant to § 43-19-10 shall give bond as provided in this chapter, except that such surveyor's bond shall run to the county for the use of the township and such bond may be sued on by the county, and any judgment recovered thereon shall inure to the use and benefit of the township.

Source: SL 1901, ch 204, § 2; RPolC 1903, § 1157; RC 1919, § 6146; SDC 1939, § 58.1206.
S.D. Codified Laws § 43-39-19 — SD Code / Title 43 / Chapter 39 / Section 43-39-19
Notice to owner of thing wrongfully detained
Status: in_force

A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository against the claim of the depositor, the depository is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming in good faith a new obligation changing his position in respect to the thing, to his prejudice.

Source: CivC 1877, § 1043; CL 1887, § 3667; RCivC 1903, § 1362; RC 1919, § 979; SDC 1939, § 60.0102 (5).
S.D. Codified Laws § 43-31-9 — SD Code / Title 43 / Chapter 31 / Section 43-31-9
Change of homestead--Metes and bounds--Record of description--Prior conveyances or liens not prejudiced--Effect of nonconcurrence of spouse
Status: in_force

The owner may from time to time change the limits of the homestead by changing the metes and bounds, as well as the record of the description, or may change it entirely; but such changes shall not prejudice conveyances or liens made or created previously thereto; and no such change of the entire homestead made without the concurrence of the husband or wife shall affect his or her rights or those of the children.

Source: SL 1874-5, ch 37, § 12; PolC 1877, ch 38, § 12; CL 1887, § 2460; RPolC 1903, § 3228; RC 1919, § 463; SDC 1939, § 51.1714; SL 1961, ch 263.
S.D. Codified Laws § 43-37-10 — SD Code / Title 43 / Chapter 37 / Section 43-37-10
Loan for exchange--Modification of contract by lender forbidden
Status: in_force

A lender for exchange cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed upon.

Source: CivC 1877, § 1090; CL 1887, § 3713; RCivC 1903, § 1409; RC 1919, § 1032; SDC 1939, § 38.0205.
S.D. Codified Laws § 43-5-2 — SD Code / Title 43 / Chapter 5 / Section 43-5-2
Future interests suspending absolute power of alienation beyond prescribed limitation void
Status: in_force

Every future interest is void which suspends the absolute power of alienation for a longer period than is prescribed in this code. A power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed.

Source: CivC 1877, § 202; CL 1887, § 2718; RCivC 1903, § 225; RC 1919, § 295; SDC 1939, § 51.0232; SL 1983, ch 304, § 7.
S.D. Codified Laws § 43-13-23 — SD Code / Title 43 / Chapter 13 / Section 43-13-23
Small wind energy system set back requirement--Exception
Status: in_force

Each wind turbine tower of a small wind energy system shall be set back at least 1.1 times the height of the tower from any surrounding property line. However, if the owner of the wind turbine tower has a written agreement with an adjacent land owner allowing the placement of the tower closer to the property line, the tower may be placed closer to the property line shared with that adjacent land owner.

Source: SL 2009, ch 221, § 3.
S.D. Codified Laws § 43-31-30 — SD Code / Title 43 / Chapter 31 / Section 43-31-30
Certain federal bankruptcy exemptions not available
Status: in_force

In accordance with the provision of § 522(b) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(b)), residents of this state are not entitled to the federal exemptions provided in § 522(d) of the Bankruptcy Code of 1978 (11 U.S.C. § 522(d)), exemptions which this state specifically does not authorize. Nothing herein affects the exemptions given to residents of this state by the state Constitution and the South Dakota statutes.

Source: SL 1980, ch 297.
S.D. Codified Laws § 43-13-17 — SD Code / Title 43 / Chapter 13 / Section 43-13-17
Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances
Status: in_force

Any property owner may grant a wind or solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing, and the easement or a memorandum thereof shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted. Any such easement runs with the land or lands benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any such easement is void if no development of the potential to produce energy from wind power or solar power associated with the easement has occurred within five years after the effective date of the easement. Any payments associated with the granting or continuance of any such easement shall be made on an annual basis to the owner of record of the real property at the time the payment is made. If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each wind or solar easement agreement shall include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement.

Source: SL 1996, ch 260, § 2; SL 2003, ch 227, § 1; SL 2009, ch 222, § 1; SL 2010, ch 213, § 2; SL 2017, ch 188, § 2.
S.D. Codified Laws § 43-16-5 — SD Code / Title 43 / Chapter 16 / Section 43-16-5
Boundaries and monuments--Maintenance by coterminous owners
Status: in_force

Coterminous owners are mutually bound equally to maintain the boundaries and monuments between them.

Source: CivC 1877, § 272; CL 1887, § 2788; RCivC 1903, § 295; RC 1919, § 365; SDC 1939, § 51.0711.
S.D. Codified Laws § 43-35-1 — SD Code / Title 43 / Chapter 35 / Section 43-35-1
Title to personal property--Sale or exchange--Law governing--Exception
Status: in_force

The transfer of title to personal property by sale or exchange is regulated by Titles 53 and 57A, except as otherwise specifically provided in this title.

Source: SDC 1939, § 51.1501.
S.D. Codified Laws § 43-4-3 — SD Code / Title 43 / Chapter 4 / Section 43-4-3
Property not subject to transfer
Status: in_force

A mere possibility, not coupled with an interest, cannot be transferred.

A mere right of reentry, or of repossession for breach of a condition subsequent, cannot be transferred to anyone except the owner of the property affected thereby.

Source: CivC 1877, §§ 602, 603; CL 1887, §§ 3225, 3226; RCivC 1903, §§ 918, 919; RC 1919, §§ 520, 521; SDC 1939, § 51.1301.
S.D. Codified Laws § 43-19-10 — SD Code / Title 43 / Chapter 19 / Section 43-19-10
Monuments for landmarks in unorganized township--Procurement by board of county commissioners--Contract for survey and erection
Status: in_force

If such petition shall be granted, and in case no stay bond shall have been given upon an appeal from the order granting the petition, the board of county commissioners shall immediately proceed to procure monuments for such landmarks, and shall contract with a registered land surveyor, for the survey of all the sections of such township and the erection of such monuments, one at each corner and one at each external quarter section corner in such township; such materials to be procured and such monuments to be set in all respects as provided in this chapter.

Source: SL 1901, ch 204, § 2; RPolC 1903, § 1157; RC 1919, § 6146; SDC 1939, § 58.1206; SL 1974, ch 282, § 8.
S.D. Codified Laws § 43-16-8 — SD Code / Title 43 / Chapter 16 / Section 43-16-8
Malicious removal of tree used as boundary marker as misdemeanor
Status: in_force

Any person who maliciously cuts down or removes any tree upon which marks have been made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, with intent to destroy such marks, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 709, subdiv 3; CL 1887, § 6900, subdiv 3; RPenC 1903, § 730, subdiv 3; RC 1919, § 4337 (3); SDC 1939, § 13.4502 (3); SL 1983, ch 15, § 6.
S.D. Codified Laws § 43-4-57 — SD Code / Title 43 / Chapter 4 / Section 43-4-57
Recorded affidavit constitutes prima facie evidence of stated facts
Status: in_force

If recorded, an affidavit as described in § 43-4-56 constitutes prima facie evidence that:

(1) A request for the written statement of the transfer fee payable in order to obtain a release of the fee imposed by the private transfer fee obligation was sent to the address shown in the notification; and

(2) The person listed on the notice of transfer fee failed to provide the written statement of the transfer fee payable within thirty days of the date of the notice sent to the address shown in the notification.

Source: SL 2011, ch 196, § 12.
S.D. Codified Laws § 43-37-11 — SD Code / Title 43 / Chapter 37 / Section 43-37-11
Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury
Status: in_force

The borrower of a thing for use, or for exchange, must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expense he is entitled to compensation from the lender, who may, however, exonerate himself by surrendering the thing to the borrower.

Source: CivC 1877, §§ 1082, 1089; CL 1887, §§ 3706, 3712; RCivC 1903, §§ 1402, 1408; RC 1919, §§ 1025, 1031; SDC 1939, § 38.0203.
S.D. Codified Laws § 43-39-6 — SD Code / Title 43 / Chapter 39 / Section 43-39-6
Gratuitous deposit defined
Status: in_force

Gratuitous deposit is a deposit for which the depository receives no consideration beyond the mere possession of the thing deposited; an involuntary deposit is gratuitous, the depository being entitled to no reward.

Source: CivC 1877, §§ 1053, 1054; CL 1887, §§ 3677, 3678; RCivC 1903, §§ 1372, 1373; RC 1919, §§ 989, 990; SDC 1939, § 60.0101 (5).
S.D. Codified Laws § 43-31-22 — SD Code / Title 43 / Chapter 31 / Section 43-31-22
Appointment of guardian ad litem on whom service of application and order may be made to require incapacitated spouse to join in conveyance or mortgage of homestead
Status: in_force

If there has been an adjudication of incapacity but no such conservator is acting, the court shall appoint a guardian ad litem on whom such service shall be made, and the guardian ad litem shall represent and protect throughout the proceedings the rights of the person adjudged to be incapacitated.

Source: SDC 1939, § 51.1705; SL 1993, ch 213, § 239.
S.D. Codified Laws § 43-15A-7 — SD Code / Title 43 / Chapter 15A / Section 43-15A-7
Exclusive and common rights of owners
Status: in_force

Any condominium owner shall have an exclusive right to his condominium and shall have a common right to a share, with other co - owners, in the common areas of the property.

Source: SL 1975, ch 270, § 4.
S.D. Codified Laws § 43-25-34 — SD Code / Title 43 / Chapter 25 / Section 43-25-34
Instrument other than will affecting estate in real property--Effect of fraud
Status: in_force

Every instrument other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.

Source: CivC 1877, § 676; CL 1887, § 3298; RCivC 1903, § 991; RC 1919, § 597; SDC 1939, § 51.1406.
S.D. Codified Laws § 43-15B-5 — SD Code / Title 43 / Chapter 15B / Section 43-15B-5
Inspection fee
Status: in_force

The Real Estate Commission may charge an inspection fee in the amount of seventy - five dollars per day for each day estimated to be consumed in the examination of the project, plus additional reasonable expenses, which shall be paid to the commission representative inspecting a project.

Source: SL 1983, ch 273, § 5; SL 1986, ch 302, § 97.
S.D. Codified Laws § 43-11-16 — SD Code / Title 43 / Chapter 11 / Section 43-11-16
Grantor may reserve power in conveyance
Status: in_force

The grantor in any conveyance may reserve to himself any power, beneficial or in trust, which he might lawfully grant to another; and every power thus reserved is subject to the provisions of this chapter in the same manner as if granted to another.

Source: CivC 1877, § 310; CL 1887, § 2826; RCivC 1903, § 333; RC 1919, § 402; SDC 1939, § 59.0415.
S.D. Codified Laws § 43-18-2 — SD Code / Title 43 / Chapter 18 / Section 43-18-2
Licensed engineers, architects, and surveyors may administer oaths to assistants
Status: in_force

Every licensed engineer, architect, or surveyor shall be authorized to administer oaths to draftsmen, chainmen, rodmen, instrumentmen, and other assistants, who may be assisting them or participating in any work in which said engineer, architect, or surveyor is engaged in the practice of his profession.

Source: SL 1893, ch 157, § 17; RPolC 1903, § 129; RC 1919, § 8201; SDC 1939, § 18.0205.
S.D. Codified Laws § 43-26-3 — SD Code / Title 43 / Chapter 26 / Section 43-26-3
Substance of usual covenants under agreement to sell real property where standard form of deed not delivered
Status: in_force

If a standard form of warranty deed be not delivered, the covenants mentioned in § 43-26-2 must be in substance as follows:

The party of the first part covenants with the party of the second part that the former is now seized in fee simple of the property granted; that the latter shall enjoy the same without any lawful disturbance; that the same is free from all encumbrances; that the party of the first part, and all persons acquiring any interest in the same through or for him, will, on demand, execute and deliver to the party of the second part, at the expense of the latter, any further assurance of the same that may be reasonably required; and that the party of the first part will warrant to the party of the second part all the said property against every person lawfully claiming the same.

Source: CivC 1877, § 990; CL 1887, § 3614; RCivC 1903, § 1308; RC 1919, § 929; SDC 1939, § 51.1420.