S.D. Codified Laws § 43-29-7 — SD Code / Title 43 / Chapter 29 / Section 43-29-7
Defect or omission in record respecting title to real estate existing for more than ten years--Correction unnecessary in order to make title marketable
Status: in_force

It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission in the record has existed of record for a period of more than ten years and the record does not show that any action has been brought with reference thereto, to wit:

(1) Procure and record, or show on the abstract of title, a release of lis pendens where it appears from the record that the litigation has been concluded;

(2) Procure and record, or show on the abstract of title, a satisfaction of a real estate mortgage or other lien when the record shows that an action or proceeding to foreclose such mortgage or other lien has been concluded either by a sale and transfer of the affected property pursuant thereto, or that the mortgage or other lien has been paid in full;

(3) Procure and record, or show on the abstract of title, a certificate of authentication as to the official status of a notary public or other officer of this or any other state, territory, country, or the District of Columbia, who as appears from the record has taken an acknowledgment of a deed, mortgage, or other instrument affecting title to real estate, or by whom any oath has been administered in connection with any instrument affecting title to real estate, and at all times after ten years from the date of his signature, such notary public or other officer shall be presumed to have been duly authorized to execute such instrument in the capacity therein stated;

(4) Procure and record, or show on the abstract of title, an affidavit or other showing that a person named in the record as grantee, grantor, or otherwise constitutes one and the same person as another grantee, grantor, or other person in the chain of title in any of the following instances: where a full first Christian name and middle initial, full middle name and first initial, or full first and middle names of the grantee, distributee, or otherwise, have been used and later, as grantor or otherwise, the initials of one or more of the same names have been used; where the initials of the first and middle names of the grantee, distributee, or otherwise have been used and later, as grantor or otherwise, the full first Christian name and middle initial, the full middle name and first initial, or the full first and middle names have been used; where the Christian name or names of the grantee, distributee, or otherwise is or are abbreviated and later, as grantor or otherwise, such name or names is or are spelled in full; or where the Christian name or names of the grantee, distributee, or otherwise is or are spelled in full and later, as grantor or otherwise, such name or names is or are abbreviated; and in all of the instances mentioned in this paragraph, in the absence of some showing of record to the contrary, such names shall be presumed to be that of one and the same person notwithstanding such discrepancies therein;

(5) Procure and record, or show on the abstract of title, an affidavit of identity where the names in the chain of title are idem sonans, although differently spelled.

Source: SL 1943, ch 176, § 1; SDC Supp 1960, § 51.16B13.
S.D. Codified Laws § 43-11-42 — SD Code / Title 43 / Chapter 11 / Section 43-11-42
Execution of power vested in several persons
Status: in_force

Where a power is vested in several persons, all must unite in its execution; but in case any one or more of them is dead, the power may be executed by the survivor or survivors unless otherwise prescribed by the terms of the power.

Source: CivC 1877, § 318; CL 1887, § 2834; RCivC 1903, § 341; RC 1919, § 409; SDC 1939, § 59.0422.
S.D. Codified Laws § 43-28-8 — SD Code / Title 43 / Chapter 28 / Section 43-28-8
Instruments which must be acknowledged or proved before record--Certification
Status: in_force

Before an instrument can be recorded, unless it belongs to one of the classes specified in § 43-28-2 or unless its record has been authorized by the judgment or order of a court of competent jurisdiction, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its authorized officer or it must be proved as provided by § 18-4-18 or as provided by §§ 18-4-19 and 18-4-20 and such acknowledgment or proof must be certified as required in chapter 18-4 .

Source: CivC 1877, § 648; CL 1887, § 3269; RCivC 1903, § 962; RC 1919, § 570; SDC 1939, § 51.1602; SL 1943, ch 173.
S.D. Codified Laws § 43-28-12 — SD Code / Title 43 / Chapter 28 / Section 43-28-12
Separate recording of absolute grants and mortgages
Status: in_force

Grants, absolute in terms, are to be recorded in one set of books and mortgages in another.

Source: CivC 1877, § 652; CL 1887, § 3274; RCivC 1903, § 967; RC 1919, § 574; SDC 1939, § 51.1601.
S.D. Codified Laws § 43-15A-26 — SD Code / Title 43 / Chapter 15A / Section 43-15A-26
Investigation of developer suspected of violations--Examination of books--Developers to keep records available
Status: in_force

If the Real Estate Commission has reason to believe that a developer is violating any provision set forth in §§ 43-15A-10 to 43-15A-26 , inclusive, or the rules of the commission promulgated pursuant thereto, the commission may investigate the developer's project and examine the books, accounts, records, and files used in the project of the developer. For the purposes of examination, the developer is required to keep and maintain records of all sales transactions and of the funds received by him pursuant thereto, and to make them accessible to the commission upon reasonable notice and demand.

Source: SL 1975, ch 270, § 19; SL 1986, ch 302, § 93.
S.D. Codified Laws § 43-6-3 — SD Code / Title 43 / Chapter 6 / Section 43-6-3
Valid limitation of future interest--Suspension of power of alienation or ownership--Right to undisposed income
Status: in_force

When, in consequence of a valid limitation of future interest, there is a suspension of the power of alienation or of the ownership, during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest.

Source: CivC 1877, § 210; CL 1887, § 2726; RCivC 1903, § 233; RC 1919, § 303; SDC 1939, § 51.0303.
S.D. Codified Laws § 43-37-3 — SD Code / Title 43 / Chapter 37 / Section 43-37-3
Loan for use or exchange subject to provisions relating to loans for exchange
Status: in_force

A loan which the lender permits the borrower at his option to treat as a loan for use or for exchange, is subject to all the provisions of this chapter relating to loans for exchange.

Source: CivC 1877, § 1088; CL 1887, § 3711; RCivC 1903, § 1407; RC 1919, § 1030; SDC 1939, § 38.0204.
S.D. Codified Laws § 43-26-7 — SD Code / Title 43 / Chapter 26 / Section 43-26-7
Transfer of subject matter of contract for purchase and sale of realty--Destruction without fault of vendor--Taking by eminent domain--Payment of purchase price
Status: in_force

If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is he entitled to recover any portion thereof that he has paid.

Source: SL 1937, ch 258, § 1; SDC 1939 & Supp 1960, § 37.1807 (2).
S.D. Codified Laws § 43-32-17 — SD Code / Title 43 / Chapter 32 / Section 43-32-17
Attornment of tenant to stranger, validity--Consent of landlord--Judgment
Status: in_force

The attornment of a tenant to a stranger is void unless it is made with the consent of the landlord or in consequence of a judgment of a court of competent jurisdiction.

Source: CivC 1877, § 1121; CL 1887, § 3744; RCivC 1903, § 1440; RC 1919, § 1064; SDC 1939, § 38.0418.
S.D. Codified Laws § 43-11-19 — SD Code / Title 43 / Chapter 11 / Section 43-11-19
Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers
Status: in_force

Where an absolute power of disposition not accompanied by any trust is given to any person to whom no particular estate is limited, such person also takes a fee subject to any future estate that may be limited thereon but absolute in favor of creditors, purchasers, and encumbrancers.

Source: CivC 1877, § 337; CL 1887, § 2853; RCivC 1903, § 360; RC 1919, § 427; SDC 1939, § 59.0440.
S.D. Codified Laws § 43-13-25 — SD Code / Title 43 / Chapter 13 / Section 43-13-25
Enforcement of farm tap easements
Status: in_force

A farm tap easement is an easement for the location, construction, operation or maintenance of a pipeline which includes, as part of the consideration for the easement, the provision of natural gas to and for the use of the grantor through a direct connection to the pipeline. In any court action seeking enforcement of a farm tap easement, a prevailing grantor or successor to a grantor of a farm tap easement may receive specific performance as a portion of the remedy from the farm tap easement grantee or its successor.

Source: SL 2017, ch 197, § 2.
S.D. Codified Laws § 43-43-6 — SD Code / Title 43 / Chapter 43 / Section 43-43-6
Private writings--Ownership--Right of publication
Status: in_force

Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer except by authority of law.

Source: CivC 1877, § 575; CL 1887, § 3198; RCivC 1903, § 891; RC 1919, § 489; SDC 1939, § 51.0809.
S.D. Codified Laws § 43-11-35 — SD Code / Title 43 / Chapter 11 / Section 43-11-35
Right of trustee to select or exclude beneficiaries of trust
Status: in_force

A trust power does not cease to be imperative where the trustee has the right to select any and exclude others of the persons designated as the beneficiaries of the trust.

Source: CivC 1877, § 351; CL 1887, § 2867; RCivC 1903, § 374; RC 1919, § 441; SDC 1939, § 59.0454.
S.D. Codified Laws § 43-27-3 — SD Code / Title 43 / Chapter 27 / Section 43-27-3
Transaction of business by reference to name of farm, ranch, or home
Status: in_force

Transfers of the farm, ranch, or home so registered, and business, judicial, and other transactions may be had by reference to such name and thereby shall include the property described and registered under such name unless specific exception is made in the instrument or transaction involved.

Source: SDC 1939, § 51.1625.
S.D. Codified Laws § 43-45-10 — SD Code / Title 43 / Chapter 45 / Section 43-45-10
Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions
Status: in_force

No property, except the homestead and other exemptions made absolute, shall be exempt from levy, seizure, and sale by virtue of any final writ or process issued on a judgment for fines, penalties, or costs of criminal prosecutions.

Source: CCivP 1877, § 334; CL 1887, § 5140; RCCivP 1903, § 365; RC 1919, § 2672; SDC 1939, § 51.1810.
S.D. Codified Laws § 43-34-11 — SD Code / Title 43 / Chapter 34 / Section 43-34-11
Taking possession of thing to render service about it--Rights and duties of person rendering service
Status: in_force

One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner and must account to the owner for the residue.

Source: CivC 1877, § 1206; CL 1887, § 3829; RCivC 1903, § 1525; RC 1919, § 1107; SDC 1939, § 17.0105.
S.D. Codified Laws § 43-11-59 — SD Code / Title 43 / Chapter 11 / Section 43-11-59
Fraud in instruments in execution of a power
Status: in_force

Instruments in execution of a power are affected by fraud in the same manner as like instruments executed by owners or trustees.

Source: CivC 1877, § 334; CL 1887, § 2850; RCivC 1903, § 357; RC 1919, § 425; SDC 1939, § 59.0438.
S.D. Codified Laws § 43-45-7 — SD Code / Title 43 / Chapter 45 / Section 43-45-7
Persons to whom exemptions do not apply
Status: in_force

Except those made absolute, the exemptions provided by this chapter do not apply to the following persons:

(1) To a nonresident;

(2) To a debtor who is in the act of removing with his family from the state;

(3) To a debtor who has absconded, taking with him his family;

(4) To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;

(5) To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;

(6) To a debtor for child and spousal support obligations; or

(7) To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services.

Source: Subdivs. (1) to (3): CCivP 1877, § 333; CL 1887, § 5138; RCCivP 1903, § 363; RC 1919, § 2670; SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, § 332; SL 1881, ch 34, § 1; CL 1887, § 5136; RCCivP 1903, § 361; SL 1911, ch 150; RC 1919, § 2668; omitted SDC 1939, § 51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, § 61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, § 61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.
S.D. Codified Laws § 43-4-10 — SD Code / Title 43 / Chapter 4 / Section 43-4-10
Constructive delivery of grant to stranger for benefit of grantee
Status: in_force

Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where it is delivered to a stranger for the benefit of a grantee, and his assent is shown or may be presumed.

Source: CivC 1877, § 611, subdiv 2; CL 1887, § 3234, subdiv 2; RCivC 1903, § 927, subdiv 2; RC 1919, § 529 (2); SDC 1939, § 51.1307 (2).
S.D. Codified Laws § 43-4-41 — SD Code / Title 43 / Chapter 4 / Section 43-4-41
Good faith disclosure required
Status: in_force

The seller shall perform each act and make each disclosure in good faith.

Source: SL 1993, ch 325, § 5.
S.D. Codified Laws § 43-4-4 — SD Code / Title 43 / Chapter 4 / Section 43-4-4
Voluntary transfer of property defined
Status: in_force

A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general, except that a consideration is not necessary to its validity.

Source: CivC 1877, § 600; CL 1887, § 3223; RCivC 1903, § 916; RC 1919, § 518; SDC 1939, § 51.1302.
S.D. Codified Laws § 43-11-41 — SD Code / Title 43 / Chapter 11 / Section 43-11-41
Effect of execution of power by married woman
Status: in_force

When a married woman, entitled to an estate in fee, is authorized by a power to dispose of such estate during her marriage, she may, by virtue of such power, create any estate which she might create if unmarried.

Source: CivC 1877, § 332; CL 1887, § 2848; RCivC 1903, § 355; RC 1919, § 423; SDC 1939, § 59.0436.
S.D. Codified Laws § 43-28-14 — SD Code / Title 43 / Chapter 28 / Section 43-28-14
Validity of unrecorded instrument
Status: in_force

An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.

Source: CivC 1877, § 675; CL 1887, § 3297; RCivC 1903, § 990; RC 1919, § 596; SDC 1939, § 51.1622.
S.D. Codified Laws § 43-4-37 — SD Code / Title 43 / Chapter 4 / Section 43-4-37
Definition of terms for required disclosures in certain real estate transfers
Status: in_force

Terms used in §§ 43-4-38 to 43-4-44 , inclusive, mean:

(1) "Buyer," a person negotiating or attempting to become an owner of residential real property by means of a transfer which is subject to §§ 43-4-38 to 43-4-44 , inclusive;

(2) "Disclosure statement," the property condition disclosure statement as provided in § 43-4-44 ;

(3) "Residential real property," all residential real property consisting of not more than four family dwelling units, all of which are contained in one structure;

(4) "Seller," an owner of residential real property;

(5) "Transfer," a sale, exchange, installment sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvements.

Source: SL 1993, ch 325, § 1; SL 1994, ch 337, § 1.
S.D. Codified Laws § 43-22-13 — SD Code / Title 43 / Chapter 22 / Section 43-22-13
Purchaser, mortgagee, or insurer not required to rely on description which depends exclusively upon coordinate system
Status: in_force

Nothing contained in this chapter requires a purchaser, mortgagee, or insurer of real property to rely wholly on a land description, any part of which depends exclusively upon the South Dakota state plane coordinate system.

Source: SL 1947, ch 231, § 9; SDC Supp 1960, § 18.0309; SL 1988, ch 349, § 12; SL 2022, ch 163, § 10.
S.D. Codified Laws § 43-2-1 — SD Code / Title 43 / Chapter 2 / Section 43-2-1
Ownership defined
Status: in_force

The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others.

Source: CivC 1877, § 159; CL 1887, § 2675; RCivC 1903, § 182; RC 1919, § 252; SDC 1939, § 51.0201.
S.D. Codified Laws § 43-14-1 — SD Code / Title 43 / Chapter 14 / Section 43-14-1
Occupancy conferring title--Exceptions
Status: in_force

Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession.

Source: CivC 1877, § 581; CL 1887, § 3204; RCivC 1903, § 897; RC 1919, § 495; SDC 1939, § 51.1101.
S.D. Codified Laws § 43-46-1 — SD Code / Title 43 / Chapter 46 / Section 43-46-1
Joint owners' liability for debts and obligations of deceased joint owner
Status: in_force

Upon the death of either, or any, of the joint owners of real or personal property in joint tenancy, with right of survivorship, the surviving joint owner or owners shall be liable for the debts and obligations of the deceased joint owner, or owners, under the conditions set forth in this chapter.

Source: SL 1969, ch 198; SDCL 30-21A-1 ; SL 1995, ch 167, § 167.
S.D. Codified Laws § 43-25-8 — SD Code / Title 43 / Chapter 25 / Section 43-25-8
Right, title, and interest conveyed by quitclaim deed--After-acquired title
Status: in_force

Every such instrument, duly executed, shall be a conveyance to the grantee, his heirs, and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after - acquired title, unless words expressing such intention be added.

Source: SL 1911, ch 257, § 2; RC 1919, § 542; SDC 1939, § 51.1403.
S.D. Codified Laws § 43-31-15 — SD Code / Title 43 / Chapter 31 / Section 43-31-15
Descent of homestead--Exemption from debts of owner--Exception
Status: in_force

Such homestead shall descend according to the law of succession as provided by Title 29A, unless otherwise directed or disposed of by will, and shall be held exempt from any antecedent debt of the parent, and if it descends to the issue of either husband or wife it shall be held by such issue exempt from debts of such husband or wife, except as may be otherwise provided by law.

Source: SL 1874-5, ch 37, § 16; PolC 1877, ch 38, § 16; CL 1887, § 2464; RPolC 1903, § 3232; RC 1919, § 467; SL 1935, ch 129; SDC 1939, § 51.1717.
S.D. Codified Laws § 43-43B-3 — SD Code / Title 43 / Chapter 43B / Section 43-43B-3
Penalties for unlawful use of computer systems
Status: in_force

Violations of the provisions of § 43-43B-1 are punishable as follows:

(1) For a violation of subdivision (1), a Class 1 misdemeanor;

(2) For a violation of subdivision (2) or (3), a Class 6 felony;

(3) For a violation of subdivision (4), a Class 5 felony;

(4) For a violation of subdivision (5) or (6), a Class 4 felony;

(5) For a violation of subdivision (8) or (9), a Class 3 felony;

(6) For a violation of subdivision (7), a Class 2 felony.

Source: SL 1982, ch 300, § 4; SL 1984, ch 282, § 3; SL 2002, ch 109, § 29.
S.D. Codified Laws § 43-3-4 — SD Code / Title 43 / Chapter 3 / Section 43-3-4
Validity of conditions imposing restraints upon marriage
Status: in_force

Conditions imposing restraints upon marriage, except upon the marriage of a minor, or of the spouse of the person by whom the condition is imposed, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.

Source: CivC 1877, § 199; CL 1887, § 2715; RCivC 1903, § 222; RC 1919, § 292; SDC 1939, § 51.0226.
S.D. Codified Laws § 43-17-24 — SD Code / Title 43 / Chapter 17 / Section 43-17-24
Investigation of site where water mark to be established--Consultation with other agencies--Public hearings
Status: in_force

To determine the ordinary high water mark and ordinary low water mark for a lake, the Water Management Board may on the application of any of the parties or on its own motion, physically investigate the site, confer with other state and local agencies having responsibilities in the lake or its bed, and may hold public hearings in addition to those required by chapter 1-26 .

Source: SL 1978, ch 305, § 4; SL 1981, ch 308, § 4; SL 1987, ch 316, § 2.
S.D. Codified Laws § 43-11-52 — SD Code / Title 43 / Chapter 11 / Section 43-11-52
Consent of several persons to execution of power--Sufficiency of consent of survivors
Status: in_force

Where the consent of several persons to the execution of a power is requisite, all must consent thereto; but in case any one or more of them is dead, the consent of the survivors is sufficient, unless otherwise prescribed by the terms of the power.

Source: CivC 1877, § 326; CL 1887, § 2842; RCivC 1903, § 349; RC 1919, § 417; SDC 1939, § 59.0430.
S.D. Codified Laws § 43-2A-3 — SD Code / Title 43 / Chapter 2A / Section 43-2A-3
Agricultural land acquired in violation--Period to comply
Status: in_force

Any foreign entity, foreign government, foreign person, or prohibited entity that acquires agricultural land in this state by devise or descent, in violation of this chapter, has three years from the transfer of ownership to dispose of the land.

Any foreign entity who violates this chapter by other means has two years from the initial date of the violation to comply with this chapter or to dispose of the property.

Source: SL 1979, ch 291, § 4; SL 2024, ch 176, § 4.
S.D. Codified Laws § 43-15A-6 — SD Code / Title 43 / Chapter 15A / Section 43-15A-6
Joint or common ownership
Status: in_force

Any condominium may be jointly or commonly owned by more than one person.

Source: SL 1975, ch 270, § 3.
S.D. Codified Laws § 43-41-4 — SD Code / Title 43 / Chapter 41 / Section 43-41-4
Finder may put thing found in storage
Status: in_force

The finder of a thing may exonerate himself from liability at any time by placing it in storage with any responsible person of good character, at a reasonable expense.

Source: CivC 1877, § 1068; CL 1887, § 3692; RCivC 1903, § 1388; RC 1919, § 1011; SDC 1939, § 60.0205.
S.D. Codified Laws § 43-15A-13 — SD Code / Title 43 / Chapter 15A / Section 43-15A-13
Waiver of initial inspection
Status: in_force

The Real Estate Commission may waive initial inspection when in its opinion, a preliminary or final public report can be substantially drafted and issued from the contents of the questionnaire and other or subsequent inquiries. Failure of the commission to notify the developer of its intent to inspect his project within thirty days after notification of intention is properly filed pursuant to §§ 43-15A-10 and 43-15A-11 will be construed a waiver of such inspection.

Source: SL 1975, ch 270, § 10; SL 1986, ch 302, § 83.
S.D. Codified Laws § 43-12-5 — SD Code / Title 43 / Chapter 12 / Section 43-12-5
Liability for breach of covenant running with land
Status: in_force

No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.

Source: CivC 1877, § 825; CL 1887, § 3449; RCivC 1903, § 1142; RC 1919, § 749; SDC 1939, § 51.0427.
S.D. Codified Laws § 43-44-2 — SD Code / Title 43 / Chapter 44 / Section 43-44-2
Deceptive emblem--Registration forbidden
Status: in_force

No registration shall be granted, nor alteration permitted of any emblem so nearly resembling any other which has been theretofore registered, as to be calculated to deceive or mislead.

Source: SL 1933, ch 82, § 4; SDC 1939, § 51.0904.
S.D. Codified Laws § 43-13-20 — SD Code / Title 43 / Chapter 13 / Section 43-13-20
Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception
Status: in_force

The holder of any wind or solar easement, wind or solar lease, or easement for essential services shall accommodate the reasonable development of another holder of any wind or solar easement, wind or solar lease, or easement for essential services except for competing developers of wind or solar energy projects. For purposes of this section, the term, essential services, includes any electric transmission and distribution lines and associated facilities, telecommunications facilities, and rural water systems.

Source: SL 2009, ch 223, § 1; SL 2017, ch 188, § 5.
S.D. Codified Laws § 43-18-6 — SD Code / Title 43 / Chapter 18 / Section 43-18-6
Resurvey and subdivision of lands--Law governing
Status: in_force

The resurvey and subdivision of lands by all surveyors shall be in all respects according to the laws of the United States and the instructions issued by the officers thereof in charge of the public land surveys; and in the subdivision of fractional sections, bounded on any side by a meandered lake or river, or the boundary of any reservation or irregular survey, the subdivision lines running toward and closing upon the same shall be run at courses in all points intermediate and equidistant, as near as may be, between like section lines established by the original survey.

Source: PolC 1877, ch 21, § 99; CL 1887, § 691; RPolC 1903, § 923; RC 1919, § 5990; SDC 1939, § 12.1206.
S.D. Codified Laws § 43-25-36 — SD Code / Title 43 / Chapter 25 / Section 43-25-36
Rights of good faith purchaser or encumbrancer protected against fraud
Status: in_force

The rights of a purchaser or encumbrancer in good faith and for value are not to be impaired by any of the provisions of §§ 43-25-32 to 43-25-35 , inclusive.

Source: CivC 1877, § 680; CL 1887, § 3302; RCivC 1903, § 995; RC 1919, § 601; SDC 1939, § 51.1408.
S.D. Codified Laws § 43-11-64 — SD Code / Title 43 / Chapter 11 / Section 43-11-64
Misconduct of trustee--Removal by circuit court--Law governing
Status: in_force

The provisions of title 55, saving the rights of other persons from prejudice by the misconduct of trustees and authorizing the circuit court to remove and appoint trustees apply equally to powers in trust and the trustees of such powers.

Source: CivC 1877, § 358; CL 1887, § 2874; RCivC 1903, § 381; RC 1919, § 448; SDC 1939, § 59.0461; SL 2017, ch 204, § 30.
S.D. Codified Laws § 43-13-5 — SD Code / Title 43 / Chapter 13 / Section 43-13-5
Extent of servitude--Determination
Status: in_force

The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.

Source: CivC 1877, § 249; CL 1887, § 2765; RCivC 1903, § 272; RC 1919, § 342; SDC 1939, § 51.0604.
S.D. Codified Laws § 43-30-8 — SD Code / Title 43 / Chapter 30 / Section 43-30-8
Record of affidavit of possession--Evidence of facts stated
Status: in_force

When an affidavit has been filed and recorded as provided in § 43-30-7 , the record thereof, or the record of a duly certified copy thereof, shall be prima facie evidence of the facts therein stated, for the purposes of this chapter.

Source: SL 1947, ch 233, § 8; SL 1951, ch 256, § 8; SDC Supp 1960, § 51.16B08.
S.D. Codified Laws § 43-41B-31 — SD Code / Title 43 / Chapter 41B / Section 43-41B-31
Requests for reports and examination of records
Status: in_force

(a) The administrator may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter. The administrator may contract with the Department of Revenue to conduct such examinations.

(b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.

(c) If a person is treated under § 43-41B-13 , as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator, pursuant to subsection (b), may examine the records of the person if the administrator has given the notice required by subsection (b) to both the person and the business association at least sixty days before the examination.

(d) If an examination of the records of a person results in the disclosure of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the rate of one hundred dollars a day for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable.

Source: SL 1992, ch 312, § 30; SL 1993, ch 326, § 5; SL 1996, ch 261, § 1; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 43-41B-24 — SD Code / Title 43 / Chapter 41B / Section 43-41B-24
Unclaimed property moneys received--Unclaimed property operating fund--Record required
Status: in_force

Except as otherwise provided by this section, the administrator shall promptly deposit in the general fund all moneys received under this chapter, including the proceeds from the sale of abandoned property under § 43-41B-23 , not to exceed the general fund contribution limit, as defined in § 43-41B-24.3 , in a fiscal year.

The administrator shall maintain in a separate unclaimed property operating fund an amount not more than five hundred thousand dollars from which the administrator must make prompt payment of claims duly allowed. Before making the deposit, the administrator must record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary, and with respect to each policy or contract listed in the report of an insurance company, its number, the name of the company, and the amount due. The record must be available for public inspection at all reasonable business hours.

Source: SL 1992, ch 312, § 23; SL 1993, ch 327, § 1; SL 2024, ch 180, § 1; SL 2025, ch 184, § 1.
S.D. Codified Laws § 43-45-9 — SD Code / Title 43 / Chapter 45 / Section 43-45-9
Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions
Status: in_force

No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses.

Source: SL 1885, ch 55, § 3; CL 1887, § 5139; RCCivP 1903, § 364; RC 1919, § 2671; SDC 1939, § 51.1809.
S.D. Codified Laws § 43-3-13 — SD Code / Title 43 / Chapter 3 / Section 43-3-13
Creation of future interests to take effect in the alternative
Status: in_force

Two or more future interests may be created to take effect in the alternative, so that, if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.

Source: CivC 1877, § 188; CL 1887, § 2704; RCivC 1903, § 211; RC 1919, § 281; SDC 1939, § 51.0218.
S.D. Codified Laws § 43-13-10 — SD Code / Title 43 / Chapter 13 / Section 43-13-10
Owner in fee of servient tenement--Action for possession of land--Public servitude
Status: in_force

The owner in fee of a servient tenement may maintain an action for the possession of the land, against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of the public.

Source: CivC 1877, § 253; CL 1887, § 2769; RCivC 1903, § 276; RC 1919, § 346; SDC 1939, § 51.0608.
S.D. Codified Laws § 43-39-24 — SD Code / Title 43 / Chapter 39 / Section 43-39-24
Delivery of thing owned jointly or in common
Status: in_force

If a thing deposited is owned jointly or in common by persons who cannot agree upon the manner of its delivery, the depository may deliver to each his proper share thereof, if it can be done without injury to the thing.

Source: CivC 1877, § 1044; CL 1887, § 3668; RCivC 1903, § 1363; RC 1919, § 980; SDC 1939, § 60.0102 (6).
S.D. Codified Laws § 43-41B-33 — SD Code / Title 43 / Chapter 41B / Section 43-41B-33
Enforcement
Status: in_force

The administrator may bring an action in a court of competent jurisdiction to enforce this chapter.

Source: SL 1992, ch 312, § 32.
S.D. Codified Laws § 43-44-7 — SD Code / Title 43 / Chapter 44 / Section 43-44-7
Registration records--Indexing by secretary of state--Contents
Status: in_force

The secretary of state shall keep a properly indexed record of all registrations provided for by this chapter, which record shall also show any altered or canceled registration, and any assignments or transfers thereof.

Source: SL 1933, ch 82, § 3; SDC 1939, § 51.0905.
S.D. Codified Laws § 43-43-2 — SD Code / Title 43 / Chapter 43 / Section 43-43-2
Products of the mind--Joint ownership
Status: in_force

Unless otherwise agreed a product of the mind, in the production of which several persons are jointly concerned, is owned by them as follows:

(1) If the product is single, in equal proportions; or

(2) If it is not single, in the proportion to the contribution of each.

Source: CivC 1877, § 571; CL 1887, § 3194; RCivC 1903, § 887; RC 1919, § 485; SDC 1939, § 51.0805.
S.D. Codified Laws § 43-20-13 — SD Code / Title 43 / Chapter 20 / Section 43-20-13
Inspection of corner records
Status: in_force

The register of deeds shall make these records available for public inspection during all usual office hours.

Source: SL 1967, ch 58, § 7 (b); SL 1982, ch 297, § 4.
S.D. Codified Laws § 43-27-1 — SD Code / Title 43 / Chapter 27 / Section 43-27-1
Registration and recording of name of farm, ranch, or home--Fee--Certification of name and location by secretary of state
Status: in_force

The owner of any farm, ranch, or home in this state may, upon the payment of fifteen dollars to the secretary of state, have the name of the farm, ranch, or home entered and recorded in a register. The secretary of state shall keep the register and furnish the owner a certificate setting forth the name and location of the farm, ranch, or home and the name of the owner.

Source: SDC 1939, § 51.1625; SL 1974, ch 55, § 43; SL 2003, ch 8, § 10; SL 2009, ch 4, § 10.
S.D. Codified Laws § 43-29-4 — SD Code / Title 43 / Chapter 29 / Section 43-29-4
Instruments affecting title to real property recorded for ten years or more--Variance in names--Presumptions
Status: in_force

In instruments affecting the title to real property which have been recorded for ten years or more where the full first Christian name and middle initial, or full middle name and first initial, of the grantee, distributee, or otherwise, has been used and later, as grantor or otherwise, the initials of the same names have been used; and in instances where the initials of the first and middle names of the grantee, distributee, or otherwise, have been used and later, as grantor, or otherwise, the full first Christian name and middle initial, or full middle name and first initial, have been used; and in instances where the Christian name or names of the grantee, distributee, or otherwise is or are abbreviated and later, as grantor or otherwise such name or names is or are spelled in full; and in instances where the Christian name or names of the grantee, distributee, or otherwise is or are spelled in full and later, as grantor or otherwise, such names or name is or are abbreviated, and in instances where the names in the chain of titles are idem sonans, although differently spelled; and in all the foregoing instances, in the absence of some showing of record to the contrary, such names shall be presumed to be that of one and the same person notwithstanding such discrepancies therein.

Source: SL 1943, ch 175, § 4; SDC Supp 1960, § 51.1626 (4).
S.D. Codified Laws § 43-41B-34 — SD Code / Title 43 / Chapter 41B / Section 43-41B-34
Interstate agreements and cooperation--Joint and reciprocal actions with other states
Status: in_force

(a) To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending, or repealing rules, may advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.

(b) The administrator may join with other states to seek enforcement of this chapter against any person who is or may be holding property reportable under this chapter.

(c) The administrator may enter into agreements with other states to exchange information.

Source: SL 1992, ch 312, § 33; SL 1993, ch 326, § 6.
S.D. Codified Laws § 43-3-14 — SD Code / Title 43 / Chapter 3 / Section 43-3-14
Limitation of future interest to successors, heirs, issue, or children--Rights of posthumous children
Status: in_force

If a future interest is limited to successors, heirs, issue, or children, any posthumous child is entitled to take in the same manner, if the 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, § 190; CL 1887, § 2706; RCivC 1903, § 213; RC 1919, § 283; SDC 1939, § 51.0221; SL 2007, ch 247, § 1.
S.D. Codified Laws § 43-15A-29 — SD Code / Title 43 / Chapter 15A / Section 43-15A-29
Lien for erection, repair, or improvement of a single development--Apportionment of liens
Status: in_force

A lien holder who contributes to the erection, alteration, repair, or other general improvement of a single development of condominiums shall apportion his demand among the condominiums affected and shall assert a lien for a proportionate part upon each and upon the ground appurtenant to each respectively.

Source: SL 1984, ch 284, § 2.
S.D. Codified Laws § 43-11-36 — SD Code / Title 43 / Chapter 11 / Section 43-11-36
Release of power to appoint--Execution by donee--Terms and conditions
Status: in_force

A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, his estate, his creditors, the creditors of his estate, or others, is releasable either with or without consideration, by written instrument executed by the donee. A power to appoint described herein is releasable with respect to the whole or any part of the property subject to such power and is also releasable in such manner as to reduce or limit the persons or objects in whose favor such power would otherwise be exercisable.

Source: SDC 1939, § 59.0462 as enacted by SL 1945, ch 344.
S.D. Codified Laws § 43-11-43 — SD Code / Title 43 / Chapter 11 / Section 43-11-43
Written instrument required for execution of power
Status: in_force

A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power, if the person executing the power was the actual owner.

Source: CivC 1877, § 317; CL 1887, § 2833; RCivC 1903, § 340; RC 1919, § 408; SDC 1939, § 59.0421.
S.D. Codified Laws § 43-4-44 — SD Code / Title 43 / Chapter 4 / Section 43-4-44
Property condition disclosure statement
Status: in_force

The following form must be used for the property condition disclosure statement, with a designated space at the top of each page after the first page to write in the property address, and a designated space at the bottom of each page for each seller and buyer to initial:

SELLER'S PROPERTY CONDITION DISCLOSURE STATEMENT

RESIDENTIAL-SDCL 43-4-44

Seller(s)_______________________________________________________

Property Address________________________________________________

This Disclosure Statement concerns the real property identified above and offered for sale. This disclosure is required by law to be completed by sellers of real property and given to potential buyers. This form can have important legal consequences. If you do not understand this form, you should seek advice from a competent source.

Seller states that the information contained in this disclosure fully reflects the Seller’s knowledge of the matters disclosed as of the date affixed to the form. If any material fact changes prior to closing, the seller MUST disclose that change in a written amendment to this disclosure statement and give the same to the buyer.

This statement is a DISCLOSURE OF THE CONDITION OF THE ABOVE DESCRIBED PROPERTY in compliance with SDCL 43-4-38 . It is NOT A WARRANTY of ANY KIND by the Seller or anyone representing any party in a transaction. It is NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES either party may wish to obtain.

Seller hereby authorizes any agent representing any party in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

If the answer to any of the following requires more space for explanation, please fully explain in comments or on an attached separate sheet.

I. LOT OR TITLE INFORMATION

1. When did you purchase or build the home? ___________/____________

Month Year

LOT OR TITLE INFORMATION

Yes

No

Do Not

Know

N/A

Comments

2.

Are there any recorded liens or financial instruments against the property, other than a first mortgage?

3.

Are there any unrecorded liens or financial instruments against the property, other than a first mortgage; or have any materials or services been provided in the past one hundred twenty days that would create a lien against the property under chapter 44-9 ?

4.

Are there any easements which have been granted in connection with the property (other than normal utility easements for public water and sewer, gas and electric service, telephone service, cable television service, drainage, and sidewalks)?

5.

Are there any problems related to establishing the lot lines/boundaries?

6.

Do you have a location survey in your possession or a copy of the recorded plat?

If yes, attach a copy.

7.

Are you aware of any encroachments or shared features, from or on adjoining property (i.e. fences, driveway, sheds, outbuildings, or other improvements)?

8.

Are you aware of any covenants or restrictions affecting the use of the property in accordance with local law?

If yes, attach a copy.

9.

Are you aware of any current or pending litigation, foreclosure, zoning, building code or restrictive covenant violation notices, mechanic's liens, judgments, special assessments, zoning changes, or changes that could affect your property?

10.

Is the property currently occupied by the owner?

11.

Does the property currently receive the owner-occupied tax reduction pursuant to SDCL 10-13-39 ?

12.

Is the property currently part of a property tax freeze for any reason?

13.

Is the property leased?

14.

If leased, does the property use comply with applicable local ordinances?

15.

Does this property or any portion of this property receive rent?

If yes, how much $________

and how often ___________

16.

Do you pay any mandatory fees or special assessments to a homeowners' or condominium association?

If yes, what are the fees or assessments? $_____________ per __________________ (i.e. annually, semi-annually, monthly)

Payable to whom:_________

For what purpose: _________

17.

Are you aware if the property has ever had water in either the front, rear, or side yard more than forty-eight hours?

18.

Is the property located in a flood plain?

19.

Are federally protected wetlands located upon any part of the property?

20.

Has the property been designated as a historic property by a local governing body pursuant to SDCL 1-19B-20 ?

21.

Is the property located within an established historic district?

22.

Are you aware of any private transfer fee obligations, as defined pursuant to SDCL 43-4-48 , that would require a buyer or seller of the property to pay a fee or charge upon the transfer of the property, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property?

If yes, what are the fees or charges? $________________ per _____________________

(i.e. annually, semi-annually, monthly)

Additional Comments

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

II. STRUCTURAL INFORMATION

STRUCTURAL INFORMATION

Yes

No

Do Not

Know

N/A

Comments

1.

Are you aware of any water penetration in the walls, windows, doors, basement, or crawl space?

2.

Have any water damage related repairs been made?

3.

Are there any unrepaired water-related damages that remain?

4.

Are you aware if drain tile is installed on the property?

5.

Are you aware of any interior cracked walls, ceilings or floors, or cracks or defects in exterior driveways, sidewalks, patios, or other hard surface areas?

6.

Type of roof covering: ___________________

7.

Age of roof covering, if known:

8.

Are you aware of any roof leakage, past or present?

9.

Have any roof repairs been made, when and by whom?

10.

Is there any existing unrepaired damage to the roof?

11.

Are you aware of insulation in ceiling/attic?

12.

Are you aware of insulation in walls?

13.

Are you aware of insulation in the floors?

14.

Are you aware of any pest infestation or damage, either past or present?

15.

Are you aware of the property having been treated or repaired for any pest infestation or damage?

If yes, who treated it and when?

16.

Are you aware of any work upon the property which required a building, plumbing, electrical, or any other permit?

17.

Was a permit obtained for work performed upon the property?

18.

Was the work approved by an inspector as required by local or state ordinance?

19.

Are you aware of any past or present damage to the property (i.e. fire, smoke, wind, floods, hail, or snow)?

20.

Have any insurance claims been made for damage to the property?

21.

Was an insurance payment received for damage to the property?

22.

Has the damage to the property been repaired?

23.

Are there any unrepaired damages to the property from the insurance claim?

24.

Are you aware of any problems with sewer blockage or backup, past or present?

25.

Are you aware of any drainage, leakage, or runoff from any sewer, septic tank, storage tank, or drain on the property into any adjoining lake, stream, or waterway?

Additional Comments

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

III. SYSTEMS/UTILITIES INFORMATION

SYSTEMS/

UTILITIES INFORMATION

Working

Not Working

None

Not Included

Comments

1.

Air conditioning System

Age of System, if known:

2.

Air Exchanger

3.

Air Purifier

4.

Attic Fan

5.

Bathroom Whirlpool and Controls

6.

Burglar Alarm & Security System

7.

Ceiling Fan

8.

Central Air - Electric

9.

Central Air – Water Cooled

10.

Cistern

11.

Dishwasher

12.

Disposal

13.

Doorbell

14.

Fireplace

15.

Fireplace Insert

16.

Garage Door(s)

17.

Garage Door Opener(s)

18.

Garage Door Control(s)

19.

Garage Wiring

20.

Home Heating System(s) Type:

Age of System, if known:

21.

Hot Tub and Controls

22.

Humidifier

23.

In Floor Heat

24.

Intercom

25.

Light Fixtures

26.

Microwave

27.

Microwave Hood

28.

Plumbing and Fixtures

29.

Pool and Equipment

30.

Propane Tank – Select One: __Leased __Owned

31.

Radon System

32.

Sauna

33.

Septic/Leaching Field

34.

Sewer Systems/Drains

35.

Smart Home System

Smart Home System includes:

36.

Smoke/Fire Alarm

37.

Solar House – Heating

38.

Sump Pump(s)

39.

Switches and Outlets

40.

Underground Sprinkler and Heads

41.

Vent Fan – Kitchen

42.

Vent Fan – Bathroom

43.

Water Heater, Select One: __ Electric __Gas

Age of System, if known:

44.

Water Purifier, Select One: __Leased __Owned

45.

Water Softener, Select One: __Leased __Owned

46.

Well and Pump

47.

Wood Burning Stove

Additional Comments

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

IV. HAZARDOUS CONDITIONS

Are you aware of any existing hazardous conditions of the property and are you aware of any tests having been performed?

If the answer is yes to any of the questions below, please explain in additional comments or on an attached separate sheet.

HAZARDOUS CONDITIONS

Existing Conditions

Tests Performed

Comments

Yes

No

Yes

No

1. Methane Gas

2. Lead Paint

3. Radon Gas (House)

4. Radon Gas (Well)

5. Radioactive Materials

6. Landfill, Mineshaft

7. Expansive Soil

8. Mold

9. Toxic Materials

10. Urea Formaldehyde Foam Insulations

11. Asbestos Insulation

12. Buried Fuel Tanks

13. Chemical Storage Tanks

14. Fire Retardant Treated Plywood

15. Production of Methamphetamines

16. Use of Methamphetamines

V. MISCELLANEOUS INFORMATION

MISCELLANEOUS INFORMATION

Yes

No

Do Not Know

N/A

Comments

1.

Is the street or road located at the end of the driveway to the property public or private? Public ____ Private ____

2.

Is there a written road maintenance agreement?

If yes, attach a copy of the maintenance agreement.

3.

Has the fireplace/wood stove/chimney flue been cleaned? If yes, please provide date of service.

4.

Since you have owned the property, are you aware of a human death by homicide or suicide occurring on the property?

5.

Is the water source (select one)

_____ public or _____ private

If private, what is the date and result of the last water test?

6.

Is the sewer system (select one) _____public or _____ private

If private, what is the date of the last time septic tank was pumped?

7.

Are there broken window panes or seals?

8.

Are there any items attached to the property that will not be left, such as: towel bars, mirrors, curtain rods, window coverings, light fixtures, clothes lines, swing sets, storage sheds, ceiling fans, basketball hoops, mail boxes, tv mounts, speakers, etc.?

If yes, please list:

9.

Are you aware of any other material facts which have not been disclosed on this form?

If yes, please explain:

Additional Comments

_________________________________________________________________

__________________________________________________________________________________________________________________________________

_________________________________________________________________

VI. ADDITIONAL COMMENTS (ATTACH ADDITIONAL PAGES IF NECESSARY)

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

CLOSING SECTION

The Seller hereby certifies that the information contained herein is true and correct to the best of the Seller's information, knowledge, and belief as of the date of the Seller's signature below. If any of these conditions change before conveyance of title to this property, the change will be disclosed in a written amendment to this disclosure statement.

_________________________________________________________________

Seller Date Seller Date

THE SELLER AND THE BUYER MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND INSPECTIONS OF THE PROPERTY TO OBTAIN A TRUE REPORT AS TO THE CONDITION OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN ANY CONTRACT OF SALE AS NEGOTIATED BETWEEN THE SELLER AND THE BUYER WITH RESPECT TO SUCH PROFESSIONAL ADVICE AND INSPECTIONS.

I/We acknowledge receipt of a copy of this statement on the date appearing beside my/our signature(s) below. Any agent representing any party to this transaction makes no representations and is not responsible for any conditions existing in the property.

_________________________________________________________________

Buyer Date Buyer Date

Source: SL 1993, ch 325, § 8; SL 1994, ch 337, § 4; SL 2005, ch 230, § 1; SL 2007, ch 250, § 1; SL 2008, ch 224, § 1; SL 2011, ch 196, § 13; SL 2020, ch 192, § 1; SL 2021, ch 190, § 1; SL 2025, ch 180, § 1.
S.D. Codified Laws § 43-3-19 — SD Code / Title 43 / Chapter 3 / Section 43-3-19
Future interest not defeated by determination of precedent interest
Status: in_force

No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner, and to the same extent, as if the precedent interest had continued to the same period.

Source: CivC 1877, § 214; CL 1887, § 2730; RCivC 1903, § 237; RC 1919, § 307; SDC 1939, § 51.0230.
S.D. Codified Laws § 43-41B-23 — SD Code / Title 43 / Chapter 41B / Section 43-41B-23
Public sale of abandoned property
Status: in_force

(a) No earlier than three years after the receipt of abandoned property, the administrator shall sell the property to the highest bidder at a public sale or by means of an internet auction, depending on which method of sale the administrator determines affords the most favorable market for the property. The administrator may decline the highest bid and reoffer the property for sale if the administrator determines that the bid is insufficient. If the administrator determines that the probable cost of the sale will exceed the value of the property, the administrator need not offer the property for sale. Any sale held under this section shall be preceded by a publication of notice, at least three weeks in advance of sale, in a newspaper of general circulation in the county in which the property is to be sold.

(b) Securities listed on an established stock exchange shall be sold at prices prevailing at the time of sale on the exchange. Other securities may be sold over the counter at prices prevailing at the time of sale or by any other method the administrator considers advisable.

(c) The state treasurer shall sell all stocks, bonds, and other negotiable instruments within one hundred eighty days of confirmed receipt of such instruments, unless the property is on an open claim. The state treasurer is not liable for any loss or gain in the value that the instrument would have obtained had the instrument been held instead of being sold.

(d) The purchaser of property at any sale conducted by the administrator pursuant to this chapter takes the property free of all claims by the owner or previous holder of the property and by all persons claiming through or under the owner or previous holder.

(e) The administrator shall execute all documents necessary to complete the transfer of ownership.

Source: SL 1992, ch 312, § 22; SL 2017, ch 190, § 1, eff. Mar. 10, 2017; SL 2018, ch 258, § 1; SL 2019, ch 194, § 4.
S.D. Codified Laws § 43-11-12 — SD Code / Title 43 / Chapter 11 / Section 43-11-12
Special power in trust defined
Status: in_force

A special power is in trust:

(1) When the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power; or

(2) When any person or class of persons, other than the holder, is designated as entitled to any benefit from the disposition or charge authorized by the power.

Source: CivC 1877, § 306; CL 1887, § 2822; RCivC 1903, § 329; RC 1919, § 398; SDC 1939, § 59.0411.
S.D. Codified Laws § 43-3-1 — SD Code / Title 43 / Chapter 3 / Section 43-3-1
Duration of enjoyment of property--Conditional enjoyment
Status: in_force

The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case the enjoyment is said to be upon condition.

Source: CivC 1877, § 196; CL 1887, § 2712; RCivC 1903, § 219; RC 1919, § 289; SDC 1939, § 51.0223.
S.D. Codified Laws § 43-15A-24 — SD Code / Title 43 / Chapter 15A / Section 43-15A-24
Management or recreation facility contract period limited--Subsequent contracts by council of co-owners
Status: in_force

No management or recreation facility contract may be entered into by a developer for a period of longer than two years. All subsequent management or recreation facility contracts shall be made by council of co - owners.

Source: SL 1975, ch 270, § 13.
S.D. Codified Laws § 43-4-48 — SD Code / Title 43 / Chapter 4 / Section 43-4-48
Private transfer fee obligation defined
Status: in_force

For the purposes of §§ 43-4-47 to 43-4-57 , inclusive, the term, private transfer fee obligation, means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant, or agreement, or to any successor or assign, upon a subsequent transfer of an interest in the real property.

Source: SL 2011, ch 196, § 3.
S.D. Codified Laws § 43-43A-4 — SD Code / Title 43 / Chapter 43A / Section 43-43A-4
Broadcast media, home recording, judicial and administrative proceedings exempt
Status: in_force

The provisions of this chapter shall not apply to:

(1) Any person engaged in radio or television broadcasting who transfers, or causes to be transferred any recorded sounds as a part of a radio or television broadcast or for archival preservation; or

(2) Any person who transfers or causes to be transferred any recorded sounds in the home, for personal use, without any compensation being derived by such person or any other person from such transferral; or

(3) Any person who transfers or causes to be transferred any recorded sounds, or transcript thereof, in any judicial proceedings or administrative proceedings under chapter 1-26 .

Source: SL 1975, ch 172, § 4.
S.D. Codified Laws § 43-30B-1 — SD Code / Title 43 / Chapter 30B / Section 43-30B-1
Petition for creation of trust
Status: in_force

Any person or entity who holds an interest in a particular tract of land may petition the court in the county where the land is located to declare a trust in favor of an owner of a mineral interest in the particular tract of land if the location or identity of the owner cannot be determined.

Source: SL 2013, ch 223, § 1; SL 2017, ch 189, § 1.
S.D. Codified Laws § 43-16-7 — SD Code / Title 43 / Chapter 16 / Section 43-16-7
Defacing or altering boundary marker as misdemeanor
Status: in_force

Any person who maliciously defaces or alters the marks upon any tree, post, or other monument, made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 709, subdiv 2; CL 1887, § 6900, subdiv 2; RPenC 1903, § 730, subdiv 2; RC 1919, § 4337 (2); SDC 1939, § 13.4502 (2); SL 1983, ch 15, § 5.
S.D. Codified Laws § 43-20-3 — SD Code / Title 43 / Chapter 20 / Section 43-20-3
Record of corner establishment or restoration--Execution and filing
Status: in_force

A surveyor shall complete, sign, and file with the register of deeds of the county where the corner is situated, a written record of corner establishment or restoration to be known as a "corner file" for every public land survey corner and accessory to the corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated, or used as control in any survey by the surveyor, and within ninety days thereafter, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.

Source: SL 1967, ch 58, §§ 4, 12; SL 1982, ch 297, § 1.
S.D. Codified Laws § 43-32-8 — SD Code / Title 43 / Chapter 32 / Section 43-32-8
Residential lessor to keep premises in repair--Disrepair caused by lessee--Agreements for repairs in lieu of rent--Liability to third persons unaffected
Status: in_force

In every hiring of residential premises, whether in writing or parol, the lessor shall keep the premises and all common areas in reasonable repair and fit for human habitation and in good and safe working order during the term of the lease except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control. The lessor shall maintain in good and safe working order and condition all electrical, plumbing, or heating systems of the premises, except when the disrepair has been caused by the negligent, willful or malicious conduct of the lessee or a person under his direction or control.

The parties to a lease or hiring of residential premises may not waive or modify the requirements imposed by this section; however, the lessor may agree with the lessee that the lessee shall perform specified repairs or maintenance in lieu of rent.

The provisions of this section shall be in addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease. Nothing in this section shall be construed to alter the liability of the lessor or lessee of residential premises for injury to third parties.

Source: CivC 1877, § 1114; CL 1887, § 3737; RCivC 1903, § 1433; RC 1919, § 1057; SDC 1939, § 38.0409; SL 1976, ch 267, § 4.
S.D. Codified Laws § 43-8-2 — SD Code / Title 43 / Chapter 8 / Section 43-8-2
Building and fences--Duty of life tenant to repair, and pay taxes and assessments
Status: in_force

The owner of a life estate must keep the building and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.

Source: CivC 1877, § 271; CL 1887, § 2787; RCivC 1903, § 294; RC 1919, § 364; SDC 1939, § 51.0710.
S.D. Codified Laws § 43-17-7 — SD Code / Title 43 / Chapter 17 / Section 43-17-7
Notice of survey of accretion lands--Consent of interested parties necessary
Status: in_force

Before commencing any such survey, the surveyor shall give ten days' notice, in writing by personal service upon all parties having an interest in such accretion lands, that each may be present at such survey if he so desires, and that no such survey shall be made without the written consent of the parties in interest or by order of the court having competent jurisdiction.

Source: SL 1941, ch 214, § 2; SDC Supp 1960, § 51.1104-2.
S.D. Codified Laws § 43-30-9 — SD Code / Title 43 / Chapter 30 / Section 43-30-9
Slandering title to land--Notice of claim recorded for such purpose--Costs awarded plaintiff in quiet title action--Attorney fees--Damages
Status: in_force

No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for the purpose only of slandering title to such land, he shall award the plaintiff all the costs of such action, including attorney fees to be fixed and allowed to the plaintiff by the court, and all damages that plaintiff may have sustained as the result of such notice of claim having been filed for record.

Source: SL 1947, ch 233, § 9; SL 1951, ch 256, § 9; SDC Supp 1960, § 51.16B09.
S.D. Codified Laws § 43-13-20.5 — SD Code / Title 43 / Chapter 13 / Section 43-13-20.5
Confidentiality agreements
Status: in_force

No wind or solar developer may require a property owner to maintain the confidentiality of any negotiations or terms of any proposed easement or lease except that the parties may agree to a mutual confidentiality agreement in the final executed wind or solar easement, wind or solar lease, or a separate document. Any disclosure of trade secrets or competitive business plans of the developer may be subject to the confidentiality agreement whether occurring before or after execution of the wind or solar easement or wind or solar lease.

Source: SL 2010, ch 213, § 7; SL 2017, ch 188, § 10.
S.D. Codified Laws § 43-17-35 — SD Code / Title 43 / Chapter 17 / Section 43-17-35
Fencing certain land on both sides of navigable stream permitted--Violation as misdemeanor
Status: in_force

Any person who owns any tract of agricultural land on both sides of a navigable stream may, individually, fence such tract, or any persons who collectively own any tract of agricultural land on both sides of a navigable steam may, collectively, fence such tract:

(1) If livestock are annually pastured on such tract;

(2) If the fence is reasonably necessary to prevent the livestock from straying from such tract;

(3) If the fence is so constructed and so marked that it does not, under daytime and nighttime conditions, constitute a danger to the public; and

(4) If the fence is so constructed that the right of the public to utilize the navigable stream is not prohibited or unduly restricted.

This section does not apply to any river or stream or portion of any river or stream that has been determined to be navigable pursuant to federal law. Construction of a fence in violation of this section is a Class 2 misdemeanor.

Source: SL 1990, ch 349, § 1.
S.D. Codified Laws § 43-41-10 — SD Code / Title 43 / Chapter 41 / Section 43-41-10
Thing intentionally abandoned--Provisions of chapter inapplicable
Status: in_force

The provisions of this chapter have no application to things which have been intentionally abandoned by their owners.

Source: CivC 1877, § 1072; CL 1887, § 3696; RCivC 1903, § 1392; RC 1919, § 1015; SDC 1939, § 60.0209.
S.D. Codified Laws § 43-32-21 — SD Code / Title 43 / Chapter 32 / Section 43-32-21
Assignment of lease by lessor--Breach of agreement--Remedies of lessee--Covenants excepted
Status: in_force

Whatever remedies the lessee of any real property may have against his immediate lessor, for the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against encumbrances or relating to the title or possession of the premises.

Source: CivC 1877, § 260; CL 1887, § 2776; RCivC 1903, § 283; RC 1919, § 353; SDC 1939, § 38.0408.
S.D. Codified Laws § 43-39-23 — SD Code / Title 43 / Chapter 39 / Section 43-39-23
Place of delivery
Status: in_force

A depository must deliver the thing deposited at his residence or place of business, as may be most convenient for him.

Source: CivC 1877, § 1041; CL 1887, § 3665; RCivC 1903, § 1360; RC 1919, § 977; SDC 1939, § 60.0102 (3).
S.D. Codified Laws § 43-22-9 — SD Code / Title 43 / Chapter 22 / Section 43-22-9
Recordation of land description based on coordinate system--Limitation
Status: in_force

No coordinates based on the South Dakota state plane coordinate system purporting to define the position of a point on a land boundary may be presented to be recorded in any plat, easement, exhibit, deed, certified corner records, or other document unless the coordinate or coordinates are accompanied by a description of the horizontal datum, realization, and methodology used and published within the same document.

Source: SL 1947, ch 231, § 6; SDC Supp 1960, § 18.0306; SL 1988, ch 349, § 7; SL 2022, ch 163, § 6.
S.D. Codified Laws § 43-16-3 — SD Code / Title 43 / Chapter 16 / Section 43-16-3
Land bounded by road or street--Scope of ownership
Status: in_force

An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.

Source: CivC 1877, § 267; CL 1887, § 2783; RCivC 1903, § 290; RC 1919, § 360; SDC 1939, § 51.0704.
S.D. Codified Laws § 43-11-3 — SD Code / Title 43 / Chapter 11 / Section 43-11-3
Simple power of attorney to convey not covered by chapter
Status: in_force

The provisions of this chapter do not extend to a simple power of attorney to convey real property in the name of the owner and for his benefit.

Source: CivC 1877, § 297; CL 1887, § 2813; RCivC 1903, § 320; RC 1919, § 389; SDC 1939, § 59.0402.
S.D. Codified Laws § 43-12-3 — SD Code / Title 43 / Chapter 12 / Section 43-12-3
Parties bound by covenants running with land
Status: in_force

A covenant running with the land binds those only who acquire the whole estate of the covenantor in all or some part of the property.

Source: CivC 1877, § 824; CL 1887, § 3448; RCivC 1903, § 1141; RC 1919, § 748; SDC 1939, § 51.0425.
S.D. Codified Laws § 43-41B-2 — SD Code / Title 43 / Chapter 41B / Section 43-41B-2
Property presumed abandoned--General rule
Status: in_force

(a) Except as otherwise provided by this chapter, all intangible property, including any income or increment derived therefrom, less any lawful charges, that is held, issued, or owing in the ordinary course of a holder's business and has remained unclaimed by the owner for more than three years after it became payable or distributable is presumed abandoned.

(b) Property is payable or distributable for the purpose of this chapter notwithstanding the owner's failure to make demand or to present any instrument or document required to receive payment.

Source: SL 1992, ch 312, § 2; SL 2012, ch 209, § 1.
S.D. Codified Laws § 43-34-6 — SD Code / Title 43 / Chapter 34 / Section 43-34-6
Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception
Status: in_force

When a thing has been formed by the admixture of several materials of different owners and neither can be considered the principal substance, an owner, without whose consent the admixture was made, may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials.

Source: CivC 1877, § 595; CL 1887, § 3218; RCivC 1903, § 911; RC 1919, § 513; SDC 1939, § 51.1203.
S.D. Codified Laws § 43-17-29 — SD Code / Title 43 / Chapter 17 / Section 43-17-29
Public rights in lake above high water mark
Status: in_force

If any water level rises above the ordinary high water mark of a navigable lake, the right of the public to enjoyment of the entire lake may not be limited, except that access to the lake shall be by public right - of - way or by permission of the riparian landowner and is subject to §§ 43-17-2 , 43-17-31 , 43-17-32 , and 43-17-33 .

Source: SL 1985, ch 337, § 7; SL 1989, ch 379, § 2.
S.D. Codified Laws § 43-25-28 — SD Code / Title 43 / Chapter 25 / Section 43-25-28
Attornments of tenants unnecessary to grants of rents, reversions, or remainders
Status: in_force

Grants of rents, or of reversions, or of remainders, are good and effectual without attornments of the tenants, but no tenant, who before notice of the grant shall have paid rent to the grantor, must suffer any damage thereby.

Source: CivC 1877, § 632; CL 1887, § 3253; RCivC 1903, § 946; RC 1919, § 554; SDC 1939, § 51.1417.
S.D. Codified Laws § 43-7-3 — SD Code / Title 43 / Chapter 7 / Section 43-7-3
Estate of inheritance--Fee simple or absolute fee
Status: in_force

Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee.

Source: CivC 1877, § 219; CL 1887, § 2735; RCivC 1903, § 242; RC 1919, § 312; SDC 1939, § 51.0404.
S.D. Codified Laws § 43-41B-23.1 — SD Code / Title 43 / Chapter 41B / Section 43-41B-23.1
Sale of securities, stocks, bonds, and other intangible ownership interests
Status: in_force

All securities, stocks, bonds, or other intangible ownership interests in business associations held by the Unclaimed Property Division with any value shall be sold after March 10, 2017.

Source: SL 2017, ch 190, § 3, eff. Mar. 10, 2017.
S.D. Codified Laws § 43-11-38 — SD Code / Title 43 / Chapter 11 / Section 43-11-38
Release of power to appoint--Filing and recording--Sufficiency of delivery
Status: in_force

If an instrument pursuant to § 43-11-36 shall be executed and acknowledged in the manner provided for the execution and acknowledgment of instruments affecting real estate and filed for record and recorded in the office of the register of deeds of the county in which the donee of the power resides, the county of last residence of the donor of the power or the county in which any real estate which may be subject to the power is located, such filing and recording shall be deemed a sufficient delivery of such release.

Source: SDC 1939, § 59.0462 as enacted by SL 1945, ch 344.
S.D. Codified Laws § 43-32-26 — SD Code / Title 43 / Chapter 32 / Section 43-32-26
Storage of tenant's valuable property left on premises--Lien--Disposal as abandoned after waiting period
Status: in_force

The property of a lessee, of a total reasonable value exceeding five hundred dollars, left on leased residential premises by the lessee after the lessee has quit the premises, shall be stored by the lessor. The lessor shall have a lien on the property to the extent of the costs of handling and storing the property. After storing the property for thirty days or more the lessor may treat the property as abandoned and dispose of it.

Source: SL 1976, ch 267, § 8; SL 2008, ch 227, § 2.
S.D. Codified Laws § 43-25-3 — SD Code / Title 43 / Chapter 25 / Section 43-25-3
Conclusiveness of grant of estate in real property--Exception
Status: in_force

Every grant of an estate in real property is conclusive against the grantor and everyone subsequently claiming under him, except a purchaser or encumbrancer who, in good faith, and for a valuable consideration, acquires a title or lien by an instrument that is first duly recorded.

Source: CivC 1877, § 629; CL 1887, § 3250; RCivC 1903, § 943; RC 1919, § 551; SDC 1939, § 51.1410.
S.D. Codified Laws § 43-39-5 — SD Code / Title 43 / Chapter 39 / Section 43-39-5
Deposit for exchange defined
Status: in_force

A deposit for exchange is one in which the depository is only bound to return a thing corresponding in kind to that which is deposited.

Source: CivC 1877, § 1038; CL 1887, § 3662; RCivC 1903, § 1357; RC 1919, § 974; SDC 1939, § 60.0101 (4).
S.D. Codified Laws § 43-11-45 — SD Code / Title 43 / Chapter 11 / Section 43-11-45
Power to dispose by devise or will--Execution by will required
Status: in_force

Where a power to dispose of real property is confined to a disposition by devise or will, the instrument of execution must be a will duly executed according to the provisions of the law relating to wills.

Source: CivC 1877, § 319; CL 1887, § 2835; RCivC 1903, § 342; RC 1919, § 410; SDC 1939, § 59.0423.
S.D. Codified Laws § 43-9-9 — SD Code / Title 43 / Chapter 9 / Section 43-9-9
Estate for life cannot be limited as a remainder on a term of years--Exception
Status: in_force

No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate.

Source: CivC 1877, § 234; CL 1887, § 2750; RCivC 1903, § 257; RC 1919, § 327; SDC 1939, § 51.0418.
S.D. Codified Laws § 43-2-11 — SD Code / Title 43 / Chapter 2 / Section 43-2-11
Ownership of property by several persons
Status: in_force

The ownership of property by several persons is either:

(1) Of joint interests;

(2) Of partnership interests; or

(3) Of interests in common.

Source: CivC 1877, § 175; CL 1887, § 2691; RCivC 1903, § 198; RC 1919, § 268; SDC 1939, § 51.0211.
S.D. Codified Laws § 43-30A-4 — SD Code / Title 43 / Chapter 30A / Section 43-30A-4
Statement of claim--Recording--Contents--Effect
Status: in_force

A statement of claim shall:

(1) Be recorded for the record owner of the mineral interest prior to the end of the twenty-three-year period set forth in § 43-30A-2 . A joint tenant, but not a tenant in common, may record a claim on behalf of himself and other joint tenants;

(2) Contain the name and mailing address of the record owner of the mineral interest and a legal description of the land on or under which the mineral interest is located; and

(3) Be recorded in the office of the register of deeds for the county in which the mineral interest is located.

A mineral interest is in use on the date of recording if the recording is made within the time provided by this section.

Source: SL 1985, ch 338, § 4; SL 2013, ch 222, § 2; SL 2016, ch 215, § 3.
S.D. Codified Laws § 43-11-18 — SD Code / Title 43 / Chapter 11 / Section 43-11-18
Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers
Status: in_force

Where an absolute power of disposition not accompanied by any trust is given to the owner of a particular estate for life or years, such estate is changed into a fee, absolute in favor of creditors, purchasers, or encumbrancers, but subject to any future estates limited thereon in case the power should not be executed or the property should not be sold for the satisfaction of debts.

Source: CivC 1877, § 336; CL 1887, § 2852; RCivC 1903, § 359; RC 1919, § 426; SDC 1939, § 59.0439.
S.D. Codified Laws § 43-14-3 — SD Code / Title 43 / Chapter 14 / Section 43-14-3
Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land
Status: in_force

Any person settled upon the public lands belonging to the United States on which settlement is not expressly prohibited by Congress or some department of the general government may maintain an action for any injuries done the same, also an action to recover the possession thereof in the same manner as if he possessed a fee simple title to said land.

Source: CCivP 1877, § 650; CL 1887, § 5464; RCCivP 1903, § 690; RC 1919, § 2868; SDC 1939 & Supp 1960, § 37.1502.
S.D. Codified Laws § 43-4-38 — SD Code / Title 43 / Chapter 4 / Section 43-4-38
Buyer furnished completed disclosure statement prior to written offer--Amendment
Status: in_force

The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer. If after delivering the disclosure statement 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 which would affect the disclosure statement, the seller shall furnish a written amendment disclosing the change of material fact.

Source: SL 1993, ch 325, § 2; SL 1994, ch 337, § 2; SL 1995, ch 247.
S.D. Codified Laws § 43-37-5 — SD Code / Title 43 / Chapter 37 / Section 43-37-5
Extent of use of thing by borrower
Status: in_force

The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending.

Source: CivC 1877, § 1080; CL 1887, § 3704; RCivC 1903, § 1400; RC 1919, § 1023; SDC 1939, § 38.0207.
S.D. Codified Laws § 43-24-10 — SD Code / Title 43 / Chapter 24 / Section 43-24-10
Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner
Status: in_force

The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereupon except taxes.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206.
S.D. Codified Laws § 43-41B-41 — SD Code / Title 43 / Chapter 41B / Section 43-41B-41
Rewards cards exempt
Status: in_force

Notwithstanding § 43-41B-40 , the provisions of this chapter do not apply to any rewards card. For the purposes of §§ 43-41B-40 to 43-41B-42 , inclusive, a rewards card is any awards, rewards, rebate, loyalty, incentive, or promotional card for which no money was paid by the cardholder.

Source: SL 2010, ch 215, § 2.
S.D. Codified Laws § 43-18-1 — SD Code / Title 43 / Chapter 18 / Section 43-18-1
Registered surveyor required to make survey or subdivision
Status: in_force

No survey of land or plat subdivision shall be legal unless made by a registered land surveyor.

Source: SL 1893, ch 157, § 11; RPolC 1903, § 133; RC 1919, § 8202; SDC 1939, § 18.0201; SL 1970, ch 214, § 39.
S.D. Codified Laws § 43-11-62 — SD Code / Title 43 / Chapter 11 / Section 43-11-62
Defective execution of power--Relief of purchasers for a valuable consideration
Status: in_force

Purchasers for a valuable consideration, claiming under a defective execution of a power, are entitled to the same relief as similar purchasers claiming under a defective conveyance from an actual owner.

Source: CivC 1877, § 333; CL 1887, § 2849; RCivC 1903, § 356; RC 1919, § 424; SDC 1939, § 59.0437.
S.D. Codified Laws § 43-34-5 — SD Code / Title 43 / Chapter 34 / Section 43-34-5
Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership
Status: in_force

When one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description without having destroyed any of the materials but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship.

Source: CivC 1877, § 594; CL 1887, § 3217; RCivC 1903, § 910; RC 1919, § 512; SDC 1939, § 51.1202.
S.D. Codified Laws § 43-17-1 — SD Code / Title 43 / Chapter 17 / Section 43-17-1
Land below ordinary high-water mark of navigable lake or stream--Law governing ownership
Status: in_force

The ownership of land below ordinary high - water mark, and of land below the water of a navigable lake or stream, is regulated by the laws of the United States or by such laws of the state as the Legislature may enact.

Source: CivC 1877, § 169; CL 1887, § 2685; RCivC 1903, § 192; RC 1919, § 262; SDC 1939, § 51.0206.
S.D. Codified Laws § 43-2A-7.1 — SD Code / Title 43 / Chapter 2A / Section 43-2A-7.1
AFIDA report--Duplicate filing with department--Civil penalty
Status: in_force

Any person required to submit a report to the United States Department of Agriculture in accordance with the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. §§ 3501 to 3508 inclusive (January 1, 2026), shall file a copy of the required report with the secretary of the Department of Agriculture and Natural Resources, within the time period required for submission under 7 U.S.C. § 3501.

If the person fails to report as required under this section, the attorney general may impose a civil penalty, not to exceed ten percent of the fair market value of the agricultural land interest held on the date the penalty was assessed. The attorney general shall forward any civil penalty collected under this section to the state treasurer, for deposit in the general fund.

The attorney general may bring an action to collect the civil penalty in the Sixth Judicial Circuit Court in Pierre or in the circuit court of any county of this state in which any portion of the relevant agricultural land is located.

Source: SL 2024, ch 176, § 2; SL 2026, ch 176, § 3.
S.D. Codified Laws § 43-32-23 — SD Code / Title 43 / Chapter 32 / Section 43-32-23
Termination of lease at pleasure of either party--Death or incapacity to contract--Exception
Status: in_force

If a lease is terminable at the pleasure of one of the parties, it is terminated by notice to the other of such party's death or incapacity to contract. In other cases it is not terminated by such death or incapacity.

Source: SDC 1939, § 38.0422.
S.D. Codified Laws § 43-41-7 — SD Code / Title 43 / Chapter 41 / Section 43-41-7
Surrender of thing to finder
Status: in_force

The owner of a thing found may exonerate himself from the claims of the finder by surrendering it to him in satisfaction thereof.

Source: CivC 1877, § 1071; CL 1887, § 3695; RCivC 1903, § 1391; RC 1919, § 1014; SDC 1939, § 60.0208.
S.D. Codified Laws § 43-3-11 — SD Code / Title 43 / Chapter 3 / Section 43-3-11
Contingent future interest defined
Status: in_force

A future interest is contingent while the person in whom, or the event upon which, it is limited to take effect remains uncertain.

Source: CivC 1877, § 187; CL 1887, § 2703; RCivC 1903, § 210; RC 1919, § 280; SDC 1939, § 51.0217.
S.D. Codified Laws § 43-43A-2 — SD Code / Title 43 / Chapter 43A / Section 43-43A-2
Pirating recorded sound or dealing in pirated recordings as felony
Status: in_force

Except as provided in § 43-43A-4 , or with the express consent of the owner, it is a Class 6 felony for any person to knowingly:

(1) Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, tape, wire, film, or other article on which sound is recorded, with the intent to sell or cause to be sold or to use or cause to be used for profit through public performance the article on which such sounds are so transferred; or

(2) Manufacture, distribute, advertise or sell, offer for sale, or possess for the purpose of sale, at wholesale or retail, any such article on which sounds have been so transferred.

Source: SL 1975, ch 172, § 2; SL 1983, ch 15, § 12.
S.D. Codified Laws § 43-9-13 — SD Code / Title 43 / Chapter 9 / Section 43-9-13
Vesting of future estate unaffected by unexecuted power of appointment
Status: in_force

A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.

Source: CivC 1877, § 238; CL 1887, § 2754; RCivC 1903, § 261; RC 1919, § 331; SDC 1939, § 51.0422.
S.D. Codified Laws § 43-25-19 — SD Code / Title 43 / Chapter 25 / Section 43-25-19
Encumbrances defined
Status: in_force

The term "encumbrances" includes taxes, assessments, and all liens upon real property.

Source: CivC 1877, § 633, subdiv 6; CL 1887, § 3254, subdiv 6; RCivC 1903, § 947, subdiv 6; RC 1919, § 555 (6); SDC 1939, § 51.1414 (6).
S.D. Codified Laws § 43-41B-9 — SD Code / Title 43 / Chapter 41B / Section 43-41B-9
Refunds held by business associations
Status: in_force

Except to the extent otherwise ordered by the court or administrative agency, any sum that a business association has been ordered to refund by a court or administrative agency which has remained unclaimed by the owner for more than one year after it became payable in accordance with the final determination or order providing for the refund, whether or not the final determination or order requires any person entitled to a refund to make a claim for it, is presumed abandoned.

Source: SL 1992, ch 312, § 9.
S.D. Codified Laws § 43-30-17 — SD Code / Title 43 / Chapter 30 / Section 43-30-17
Certain property conveyances under Water Resources Development Act exempt from plat requirements--Filing of survey references, maps, etc
Status: in_force

Any conveyance of property to or by South Dakota or any of its political subdivisions obtained from the United States of America, acting by and through the secretary of the Army, pursuant to and under authority of title VI of the Water Resources Development Act of 1999 (Public Law 106-53) as amended by the Water Resources Development Act of 2000 (Public Law 106-541), or any portion thereof, that is described by individual or cumulative metes and bounds descriptions or that is described by points of beginning and termination, water or contour elevations, federal engineering survey references, maps, highways, and other rights - of - way is exempt from the provisions of chapter 11-3 and chapter 43-21 , provided the description contains references to the affected section, township, and range. The grantee shall furnish, if available, any copies of federal engineering survey references, maps, rights - of - way, and other documents describing conveyances of the property to or by South Dakota or any of its political subdivisions to the director of equalization in each county wherein the conveyances are filed. The exemption contained in this section does not apply to any conveyance of property title to private ownership.

Source: SL 2002, ch 199, § 1.
S.D. Codified Laws § 43-14-2 — SD Code / Title 43 / Chapter 14 / Section 43-14-2
Title by prescription--Occupancy for period prescribed by law
Status: in_force

Occupancy for the period prescribed by any law of this state as sufficient to bar an action for the recovery of property, confers a title thereto denominated a title by prescription, which is sufficient against all.

Source: CivC 1877, § 582; CL 1887, § 3205; RCivC 1903, § 898; RC 1919, § 496; SDC 1939, § 51.1102.
S.D. Codified Laws § 43-32-30 — SD Code / Title 43 / Chapter 32 / Section 43-32-30
Disclosure of knowledge of existence of prior manufacturing of methamphetamines
Status: in_force

In any hiring of a residential premises, any lessor who has actual knowledge of the existence of any prior manufacturing of methamphetamines on the premises shall disclose that information to any lessee or any person who may become a lessee. If the residential premises consists of two or more housing units, the disclosure requirements provided by this section only apply to the unit where there is knowledge of the existence of any prior manufacturing of methamphetamines.

Source: SL 2004, ch 272, § 1.
S.D. Codified Laws § 43-25-25 — SD Code / Title 43 / Chapter 25 / Section 43-25-25
Grant not invalidated by absence of seal of grantor or his agent
Status: in_force

The absence of the seal of any grantor or his agent from any grant of an estate in real property heretofore or hereafter made shall not invalidate or in any manner impair the same.

Source: CivC 1877, § 623; CL 1887, § 3246; RCivC 1903, § 939; RC 1919, § 541; SDC 1939, § 51.1402.
S.D. Codified Laws § 43-4-46 — SD Code / Title 43 / Chapter 4 / Section 43-4-46
Transfer defined
Status: in_force

For the purposes of §§ 43-4-47 to 43-4-57 , inclusive, the term, transfer, means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state.

Source: SL 2011, ch 196, § 1.
S.D. Codified Laws § 43-31-23 — SD Code / Title 43 / Chapter 31 / Section 43-31-23
Order of court on application to require guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Findings of fact and conclusions of law
Status: in_force

At the conclusion of such hearing, the court must make findings of fact and conclusions of law as the basis of such order as may be entered.

Source: SDC 1939, § 51.1705.
S.D. Codified Laws § 43-30A-8 — SD Code / Title 43 / Chapter 30A / Section 43-30A-8
Government owned interests exempt
Status: in_force

This chapter does not apply to any mineral interest owned by any governmental body or agency thereof.

Source: SL 1985, ch 338, § 8.
S.D. Codified Laws § 43-31-14 — SD Code / Title 43 / Chapter 31 / Section 43-31-14
Family defined
Status: in_force

A widow or widower, though without children, while continuing to occupy the homestead used as such at the time of the death of the husband or wife, or any family, whether consisting of one or more persons in actual occupancy of a homestead as defined in this code, shall be deemed and held to be a family within the meaning of the laws of this state relating to homesteads.

Source: SL 1874-5, ch 37, § 2; PolC 1877, ch 38, §§ 2, 19; CL 1887, §§ 2450, 2467; RPolC 1903, §§ 3216, 3235; RC 1919, § 450; SDC 1939, § 51.1702.
S.D. Codified Laws § 43-28-25 — SD Code / Title 43 / Chapter 28 / Section 43-28-25
Document preparers prohibited from including personally identifiable information
Status: in_force

The preparer of a document or instrument may not include an individual's personally identifiable information in any document or instrument that is prepared and presented for recording in the county office of the register of deeds. This section does not apply to any document or instrument that was executed by an individual prior to July 1, 2010.

Source: SL 2010, ch 214, § 3.
S.D. Codified Laws § 43-29-8 — SD Code / Title 43 / Chapter 29 / Section 43-29-8
Defect or omission in record respecting title to real estate existing for more than twenty years--Performance of acts to correct record unnecessary in order to make title merchantable or marketable
Status: in_force

It shall not be necessary to perform any of the following acts to correct the record with respect to the title to real estate, in order to make such title merchantable or marketable, in any instance where the defect or omission has existed of record for a period of more than twenty years and the record does not show that any action has been commenced with reference thereto, to wit:

(1) Make any showing or explanation as to the absence of a corporate, notary, or other official seal of any kind; and after twenty years from the date of the instrument, such person purporting to act as a corporate official, notary public, or other official shall be presumed to have been authorized to act in the same manner as though the proper seal had been affixed to said instrument;

(2) Make any showing or explanation as to interest or lack of interest of anyone encumbering real estate to which the record does not show such person to have had title;

(3) Make any showing or explanation where a reference has been made in any instrument to a mortgage, and no mortgage answering such description is shown by the abstract of title to have been of record at such time;

(4) Make any showing or explanation as to the marital status of a person by reason of the omission of a description of such marital status from either the body of the instrument or the acknowledgment;

(5) Obtain any conveyance, release, or explanation by reason of any option which, under its terms, required that it be exercised more than twenty years theretofore.

Source: SL 1945, ch 215, § 1; SDC Supp 1960, § 51.16B14.
S.D. Codified Laws § 43-34-7 — SD Code / Title 43 / Chapter 34 / Section 43-34-7
Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement
Status: in_force

If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of the materials.

Source: CivC 1877, § 593; CL 1887, § 3216; RCivC 1903, § 909; RC 1919, § 511; SDC 1939, § 51.1204.
S.D. Codified Laws § 43-4-17 — SD Code / Title 43 / Chapter 4 / Section 43-4-17
Title transferred--Intention of parties
Status: in_force

A transfer vests in the transferee all the actual title to the thing transferred which the transferor then has, unless a different intention is expressed or is necessarily implied.

Source: CivC 1877, § 619; CL 1887, § 3242; RCivC 1903, § 935; RC 1919, § 537; SDC 1939, § 51.1313.
S.D. Codified Laws § 43-25-15 — SD Code / Title 43 / Chapter 25 / Section 43-25-15
Presumption as to passing of fee simple title--Exception
Status: in_force

A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

Source: CivC 1877, § 633, subdiv 2; CL 1887, § 3254, subdiv 2; RCivC 1903, § 947, subdiv 2; RC 1919, § 555 (2); SDC 1939, § 51.1414 (2).
S.D. Codified Laws § 43-4-47 — SD Code / Title 43 / Chapter 4 / Section 43-4-47
Private transfer fee defined
Status: in_force

For the purposes of §§ 43-4-48 to 43-4-57 , inclusive, the term, private transfer fee, means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. The term, private transfer fee, does not include the following:

(1) Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property if such additional consideration is payable on a onetime basis only and the obligation to make such payment does not bind successors in title to the property. For the purposes of this subdivision, an interest in real property may include a separate mineral estate and its appurtenant surface access rights;

(2) Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property;

(3) Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other consideration and payable to the lender in connection with the loan;

(4) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease;

(5) Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person;

(6) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;

(7) Any fee, charge, assessment, fine, or other amount payable to a homeowners', condominium, cooperative, mobile home, or property owners' association pursuant to a declaration or covenant or law applicable to such association, including fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent;

(8) Any fee, charge, assessment, dues, contribution, or other amount pertaining to the purchase or transfer of a club membership relating to real property owned by the member, including any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property.

Source: SL 2011, ch 196, § 2.
S.D. Codified Laws § 43-41B-26 — SD Code / Title 43 / Chapter 41B / Section 43-41B-26
Claim of another state to recover property--Procedure
Status: in_force

(a) At any time after property has been paid or delivered to the administrator under this chapter another state may recover the property if:

(1) The property was subjected to custody by this state because the records of the holder did not reflect the last known address of the apparent owner when the property was presumed abandoned under this chapter, and the other state establishes that the last known address of the apparent owner or other person entitled to the property was in that state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;

(2) The last known address of the apparent owner or other person entitled to the property, as reflected by the records of the holder, is in the other state and under the laws of that state the property has escheated to or become subject to a claim of abandonment by that state;

(3) The records of the holder were erroneous in that they did not accurately reflect the actual owner of the property and the last known address of the actual owner is in the other state and under the laws of that state the property escheated to or was subject to a claim of abandonment by that state;

(4) The property was subjected to custody by this state under subdivision 43-41B-3(6) and under the laws of the state of domicile of the holder the property has escheated to or become subject to a claim of abandonment by that state; or

(5) The property is the sum payable on a travelers check, money order, or other similar instrument that was subjected to custody by this state under § 43-41B-4 , and the instrument was purchased in the other state, and under the laws of that state the property escheated to or became subject to a claim of abandonment by that state.

(b) The claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the administrator, who shall decide the claim within ninety days after it is presented. The administrator shall allow the claim if he determines that the other state is entitled to the abandoned property under subsection (a).

(c) The administrator shall require a state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim for the property.

Source: SL 1992, ch 312, § 25.
S.D. Codified Laws § 43-5-7 — SD Code / Title 43 / Chapter 5 / Section 43-5-7
Exempt transfers
Status: in_force

This chapter does not limit any of the following:

(1) Transfers, outright or in trust, for charitable purposes;

(2) Transfer to charitable corporations;

(3) Transfers to any cemetery corporation, society, or association; or

(4) Employees' trusts created as part of a pension, retirement, insurance, savings, stock bonus, profit sharing, or similar plan established by an employer for the benefit of employees eligible to participate.

Source: SL 1983, ch 304, § 3.
S.D. Codified Laws § 43-32-10 — SD Code / Title 43 / Chapter 32 / Section 43-32-10
Preservation of premises by lessee
Status: in_force

In every hiring of residential premises, whether in writing or parol, the lessee shall preserve the premises, appliances, appurtenances, and other leased personality in good condition, and repair all deteriorations or damage thereto occasioned by his negligent, willful or malicious conduct or such conduct of persons acting under his direction or control.

Source: SDC 1939, § 38.0404; SL 1976, ch 267, § 6.
S.D. Codified Laws § 43-2A-2 — SD Code / Title 43 / Chapter 2A / Section 43-2A-2
Limitations on foreign ownership--Exceptions
Status: in_force

The following provisions apply to the ownership or leasing of agricultural land in this state:

(1) A prohibited entity may not own agricultural land in this state;

(2) A prohibited entity may not lease or hold an easement on agricultural land in this state, unless:

(a) The lease is exclusively for agricultural research purposes and encumbers no more than three hundred and twenty acres; or

(b) The lease is exclusively for contract feeding of livestock, at an animal feeding operation, by a family farm unit, a family farm corporation, or an authorized farm corporation;

(3) Excluding a prohibited entity, a foreign entity, foreign government, or foreign person may not own more than one hundred and sixty acres of agricultural land in this state, provided this limitation does not include agricultural land held as security for indebtedness; and

(4) Excluding a prohibited entity, there is no restriction on easements or the number of acres of agricultural land that a foreign entity, foreign government, or foreign person may lease.

This section does not apply to a foreign entity, foreign government, or foreign person whose right to hold land is secured by treaty.

Source: SL 1979, ch 291, § 1; SL 2024, ch 176, § 3; SL 2026, ch 176, § 1.
S.D. Codified Laws § 43-25-18.3 — SD Code / Title 43 / Chapter 25 / Section 43-25-18.3
Hearing on changed conditions--Decree modifying restriction or land sale authorization
Status: in_force

If, upon the hearing in an action pursuant to § 43-25-18.1 , it appears to the satisfaction of the court that the allegations in the action are true and that, because of changed conditions or circumstances since the execution of an instrument of conveyance, it is impossible or impractical to continue to hold or use the lands for the purpose set forth in the instrument, the court may:

(1) Enter a decree modifying, in whole or in part, any direction, limitation, or restriction established by the grantor of the instrument, so that the real property may be administered, managed, or pledged in any manner the court determines necessary to effectively accomplish, as near as possible under existing conditions, the general benevolent, charitable, educational, religious, or other public purpose set forth in the instrument; or

(2) Authorize the grantee to sell the lands for the highest price obtainable, and direct that the proceeds of the sale of the lands be reinvested in a manner consistent with the purpose set forth in the original instrument.

Source: SL 2005, ch 232, § 3; SL 2026, ch 178, § 1.
S.D. Codified Laws § 43-13-1 — SD Code / Title 43 / Chapter 13 / Section 43-13-1
Granting and holding of servitudes not attached to land
Status: in_force

The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:

(1) The right to pasture, and of fishing and taking game;

(2) The right of a seat in church;

(3) The right of burial;

(4) The right of taking rents and tolls;

(5) The right of way;

(6) The right of taking water, wood, minerals, or other things.

Source: CivC 1877, § 245; CL 1887, § 2761; RCivC 1903, § 268; RC 1919, § 338; SDC 1939, § 51.0602.
S.D. Codified Laws § 43-2A-8 — SD Code / Title 43 / Chapter 2A / Section 43-2A-8
Exception for property owned by corporation for nonfarming purposes--Cement Plant Commission property
Status: in_force

This chapter does not apply to agricultural land owned by a foreign entity, a foreign government, or a foreign person for an immediate or potential nonagricultural use.

A foreign entity, a foreign government, or a foreign person may hold agricultural land in an amount necessary for the conduct of its nonagricultural business operations. Pending the development of agricultural land for a nonagricultural use, the land may not be used for farming, except under lease to a family farm unit, a family farm corporation, or an authorized farm corporation.

A foreign entity, foreign government, or foreign person developing land for nonagricultural use has five years from acquiring interest to initiate a nonagricultural business operation or be deemed in violation of this chapter.

For purposes of this section, the term "nonagricultural business operation" includes the filing of a permit or an application with this state, a political subdivision of this state, a federally recognized Indian tribe, or a federal agency having jurisdiction over the project for permitting purposes.

All real property owned or held by this state by and through the South Dakota State Cement Plant Commission, as of December 28, 2000, is owned or held by it and its successors in title for immediate or potential use for nonfarming purposes and the real property is necessary for nonfarming business operations.

Source: SL 2000 (SS), ch 4, § 1; SL 2024, ch 176, § 11.
S.D. Codified Laws § 43-26-2 — SD Code / Title 43 / Chapter 26 / Section 43-26-2
Agreement by seller of real property to give usual covenants--Delivery and form of warranty deed
Status: in_force

An agreement on the part of a seller of real property to give the usual covenants, binds him to deliver a warranty deed in the form prescribed by 43-25-5 or to insert in the grant covenants of seizin, quiet enjoyment, further assurance, general warranty, and against encumbrances.

Source: CivC 1877, § 989; CL 1887, § 3613; RCivC 1903, § 1307; RC 1919, § 928; SDC 1939, § 51.1419.
S.D. Codified Laws § 43-43-3 — SD Code / Title 43 / Chapter 43 / Section 43-43-3
Transfer of product of mind by owner
Status: in_force

The owner of any product of the mind or of any representation or expression thereof may transfer his property in the same.

Source: CivC 1877, § 572; CL 1887, § 3195; RCivC 1903, § 888; RC 1919, § 486; SDC 1939, § 51.0806.
S.D. Codified Laws § 43-17-5 — SD Code / Title 43 / Chapter 17 / Section 43-17-5
Accretions to bank of river or stream belong to owner of bank subject to existing right-of-way
Status: in_force

Where from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right - of - way over the bank.

Source: CivC 1877, § 584; CL 1887, § 3207; RCivC 1903, § 900; RC 1919, § 498; SDC 1939, § 51.1104.
S.D. Codified Laws § 43-9-1 — SD Code / Title 43 / Chapter 9 / Section 43-9-1
Freehold estate--Commencement at a future date
Status: in_force

Subject to the provisions of this chapter and of chapters 43-1 to 43-7 , inclusive, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this chapter.

Source: CivC 1877, § 230; CL 1887, § 2746; RCivC 1903, § 253; RC 1919, § 323; SDC 1939, § 51.0414.
S.D. Codified Laws § 43-40-2 — SD Code / Title 43 / Chapter 40 / Section 43-40-2
Special arrangement between innkeeper or hotel keeper and guest for safe deposit of property
Status: in_force

Any such innkeeper or hotel keeper may by special arrangement with a guest receive for deposit in such safe or vault any property upon such terms as they may agree to in writing, but every innkeeper or hotel keeper shall be liable for any loss of the above enumerated articles of a guest in his inn or hotel after said articles have been accepted for deposit if caused by the theft or negligence of the innkeeper, hotel keeper, or any of his servants.

Source: SL 1913, ch 237, § 2; RC 1919, § 999; SDC 1939, § 60.0702.
S.D. Codified Laws § 43-1-3 — SD Code / Title 43 / Chapter 1 / Section 43-1-3
Real and personal property distinguished
Status: in_force

Real or immovable property consists of:

(1) Land;

(2) That which is affixed to land;

(3) That which is incidental or appurtenant to land;

(4) That which is immovable by law.

Every kind of property that is not real is personal.

Source: CivC 1877, §§ 163, 167; CL 1887, §§ 2679, 2683; RCivC 1903, §§ 186, 190; RC 1919, §§ 256, 260; SDC 1939, § 51.0102.
S.D. Codified Laws § 43-41-3 — SD Code / Title 43 / Chapter 41 / Section 43-41-3
Finder to notify owner
Status: in_force

If the finder of a thing knows or suspects who is the owner, he must, with reasonable diligence, give such owner notice of the finding; and if such finder fails to do so he is liable in damages to the owner, and has no claim to any reward offered by such owner for the recovery of the thing, or to any compensation for trouble or expenses.

Source: CivC 1877, § 1065; CL 1887, § 3689; RCivC 1903, § 1385; RC 1919, § 1008; SDC 1939, § 60.0202.
S.D. Codified Laws § 43-13-21 — SD Code / Title 43 / Chapter 13 / Section 43-13-21
Small wind energy system defined
Status: in_force

For the purposes of §§ 43-13-22 to 43-13-24 , inclusive, the term, small wind energy system, means any system of one or more wind turbines where the height of each wind turbine tower is less than seventy-five feet.

Source: SL 2009, ch 221, § 1.
S.D. Codified Laws § 43-30A-2 — SD Code / Title 43 / Chapter 30A / Section 43-30A-2
Abandonment by nonuse--Title vests in surface owner
Status: in_force

A mineral interest is abandoned if it has not been used for a period of twenty-three years or more. Title to an abandoned mineral interest vests in the owner of the surface estate in the land in, or under, which the mineral interest is located on the date of abandonment.

Source: SL 1985, ch 338, § 2; SL 2016, ch 215, § 1.
S.D. Codified Laws § 43-13-20.2 — SD Code / Title 43 / Chapter 13 / Section 43-13-20.2
Development of potential to produce energy from wind power or solar power
Status: in_force

For purposes of §§ 43-13-17 to 43-13-20.5 , inclusive, development of the potential to produce energy from wind power associated with the wind easement or wind lease occurs when the foundation is poured for the first wind turbine to be installed on any property that is part of any one wind energy project, on any property that is part of any single construction stage of a wind energy project, or on any property that is described in the notice required by § 49-41B-25.1 . Development of the potential to produce energy from solar power associated with the solar easement or solar lease occurs when the mounting system is installed for the first photovoltaic panel on any property that is part of any one solar energy project or on any property that is part of any single construction stage of a solar energy project.

Source: SL 2010, ch 213, § 4; SL 2017, ch 188, § 7.
S.D. Codified Laws § 43-20-6 — SD Code / Title 43 / Chapter 20 / Section 43-20-6
Corners established or restored before July 1, 1967--Records may be filed
Status: in_force

Corner records may be filed concerning corners established, reestablished, or restored before July 1, 1967.

Source: SL 1967, ch 58, § 10.
S.D. Codified Laws § 43-41B-30 — SD Code / Title 43 / Chapter 41B / Section 43-41B-30
Period of limitation
Status: in_force

(a) The expiration, before or after July 1, 1993, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.

(b) No action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than ten years after the duty arose.

Source: SL 1992, ch 312, § 29.
S.D. Codified Laws § 43-41B-8 — SD Code / Title 43 / Chapter 41B / Section 43-41B-8
Deposits held by utilities
Status: in_force

Any deposit, including any interest thereon, made by a subscriber with a utility to secure payment for or any sum paid in advance for utility services to be furnished in this state, less any lawful deductions, is presumed abandoned if it has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than one year after the termination of the services for which the deposit or advance payment was made.

Any sum which a utility has been ordered to refund and which was received for utility services rendered in this state, together with any interest thereon, less any lawful deductions, is presumed abandoned if it has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than one year after the date it became payable in accordance to the final determination or order providing for the refund.

Source: SL 1992, ch 312, § 8.
S.D. Codified Laws § 43-12-7 — SD Code / Title 43 / Chapter 12 / Section 43-12-7
Covenants running with land--Firearms and ammunition--Void--Severable
Status: in_force

A covenant running with the land may not prohibit, restrict, or have the effect of prohibiting or restricting:

(1) The lawful possession, storage, or transportation of a firearm, any part of a firearm, or ammunition; or

(2) The lawful discharge of a firearm.

If a provision in a covenant is found to violate this section, that provision is void and unenforceable. A provision that is void and unenforceable is severable and any remaining provisions that can be given effect are not thereby affected.

Source: SL 2025, ch 181, § 1.
S.D. Codified Laws § 43-1-4 — SD Code / Title 43 / Chapter 1 / Section 43-1-4
Land as solid material of earth
Status: in_force

Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.

Source: CivC 1877, § 164; CL 1887, § 2680; RCivC 1903, § 187; RC 1919, § 257; SDC 1939, § 51.0103.
S.D. Codified Laws § 43-4-13 — SD Code / Title 43 / Chapter 4 / Section 43-4-13
Grant interpreted as contract
Status: in_force

Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided by this chapter.

Source: CivC 1877, § 612; CL 1887, § 3235; RCivC 1903, § 928; RC 1919, § 530; SDC 1939, § 51.1309.
S.D. Codified Laws § 43-4-21 — SD Code / Title 43 / Chapter 4 / Section 43-4-21
Imposition and amount of real estate transfer fee
Status: in_force

A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.

Source: SL 1968, ch 27, § 2.
S.D. Codified Laws § 43-25-29 — SD Code / Title 43 / Chapter 25 / Section 43-25-29
Title passed by transfer of land bounded by highway
Status: in_force

A transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant.

Source: CivC 1877, § 631; CL 1887, § 3252; RCivC 1903, § 945; RC 1919, § 553; SDC 1939, § 51.1412.
S.D. Codified Laws § 43-28-10 — SD Code / Title 43 / Chapter 28 / Section 43-28-10
Recording of instrument proved and certified by handwriting
Status: in_force

An instrument proved and certified pursuant to §§ 18-4-19 and 18-4-20 may be recorded in the proper office, if the original is at the same time deposited therein, to remain for public inspection, but not otherwise.

Source: CivC 1877, § 649; CL 1887, § 3270; RCivC 1903, § 963; RC 1919, § 571; SDC 1939, § 51.1602; SL 1943, ch 173.
S.D. Codified Laws § 43-22-1 — SD Code / Title 43 / Chapter 22 / Section 43-22-1
Designation of South Dakota state plane coordinate system
Status: in_force

The most recent system of plane coordinates established by the National Geodetic Survey for defining and stating the geographic positions or locations of points on, within, or above the surface of the earth within the State of South Dakota are hereafter to be known and designated as the South Dakota state plane coordinate system.

Source: SL 1947, ch 231, § 1; SDC Supp 1960, § 18.0301; SL 1988, ch 349, § 1; SL 2022, ch 163, § 1.
S.D. Codified Laws § 43-41B-1 — SD Code / Title 43 / Chapter 41B / Section 43-41B-1
Definitions and use of terms
Status: in_force

Terms in this chapter mean:

(1) "Administrator," the state treasurer;

(2) "Apparent owner," the person whose name appears on the records of the holder as the person entitled to property held, issued, or owing by the holder;

(3) "Attorney general," the chief legal officer of this state;

(4) "Banking organization," any bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, or any organization defined by other law as a bank or banking organization;

(5) "Business association," a nonpublic corporation, joint stock company, investment company, business trust, partnership, cooperative, or association for business purposes of two or more individuals, whether or not for profit, including a banking organization, financial organization, insurance company, or utility;

(6) "Domicile," the state of incorporation of a corporation or the state of the principal place of business of an unincorporated person;

(7) "Financial organization," a savings and loan association, cooperative bank, building and loan association, or credit union;

(8) "Holder," a person, wherever organized or domiciled, who is:

(a) In possession of property belonging to another;

(b) A trustee; or

(c) Indebted to another on an obligation;

(9) "Insurance company," an association, corporation, fraternal or mutual benefit organization, whether or not for profit, which is engaged in providing insurance coverage, including accident, burial, casualty, credit life, contract performance, dental, fidelity, fire, health, hospitalization, illness, life, including endowments and annuities, malpractice, marine, mortgage, surety, and wage protection insurance;

(10) "Intangible property," includes:

(a) Moneys, checks, drafts, deposits, interest, dividends, unpaid mineral proceeds, royalties, vendor checks, income, unpaid commissions, unpaid overcharges, and unpaid accounts payable;

(b) Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets, and unidentified remittances;

(c) Stocks and other intangible ownership interests in business associations;

(d) Moneys deposited to redeem stocks, bonds, coupons, and other securities, or to make distributions;

(e) Amounts due and payable under the terms of insurance policies;

(f) Amounts distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or similar benefits; and

(g) United States savings bonds held or owing in this state by any person, or issued or owed in the course of a holder's business, or by a state or other government, governmental subdivision, agency, or instrumentality;

(11) "Last known address," any description, code, or other indication of the location of the apparent owner, which identifies the state where the apparent owner is located, even if the description, code, or other indication of location is not sufficient to direct the delivery of first-class United States mail to the apparent owner;

(12) "Owner," a depositor in the case of a deposit, a beneficiary in case of a trust other than a deposit in trust, a creditor, claimant, or payee in the case of other intangible property, or any other person having a legal or equitable interest in property subject to this chapter or his legal representative;

(13) "Person," an individual, business association, state or other government, governmental subdivision or agency, public corporation, public authority, estate, trust, two or more persons having a joint or common interest, or any other legal or commercial entity;

(14) "Property," includes money, rights to claim refunds or rebates, postal savings deposits, bonds, United States savings bonds, notes, certificates, policies of insurance, other instruments of value, choses-in-action, obligations whether written or unwritten and anything of value of any nature whatsoever;

(15) "State," any state, district, commonwealth, territory, insular possession, or any other area subject to the legislative authority of the United States;

(15A) "Unclaimed Property Division," a division within the Office of the State Treasurer;

(16) "Utility," a person who owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas; and

(17) "Virtual currency," a digital representation of value used as a medium of exchange, unit of account, or store of value, which does not have legal tender status recognized by the United States, but not including:

(a) The software or protocols governing the transfer of the digital representation of value;

(b) Game-related digital content; or

(c) A loyalty or gift card.

Source: SL 1992, ch 312, § 1; SL 2014, ch 210, § 2; SL 2017, ch 190, § 4, eff. Mar. 10, 2017; SL 2025, ch 183, § 1.
S.D. Codified Laws § 43-34-1 — SD Code / Title 43 / Chapter 34 / Section 43-34-1
Ownership of things--Extent--Products and accessions
Status: in_force

The owner of a thing owns also all its products and accessions.

Source: CivC 1877, § 209; CL 1887, § 2725; RCivC 1903, § 232; RC 1919, § 302; SDC 1939, § 51.0203.
S.D. Codified Laws § 43-24-7 — SD Code / Title 43 / Chapter 24 / Section 43-24-7
Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand
Status: in_force

If any owner of any land neglects or refuses to so erect and maintain one - half of a legal fence on the lines separating his land from adjoining land, the owner of the adjoining land may serve upon such delinquent owner a notice in writing, demanding that the delinquent owner shall erect or repair, as the case may be, a legal fence along one - half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him.

Source: SL 1917, ch 237, § 4; RC 1919, § 10538; SDC 1939, § 19.0206; SL 1990, ch 350, § 3.
S.D. Codified Laws § 43-41-8 — SD Code / Title 43 / Chapter 41 / Section 43-41-8
Sale by finder of thing found
Status: in_force

The finder of a thing may sell it if it is a thing which is commonly the subject of sale, when the owner cannot with reasonable diligence be found; or being found, refuses upon demand to pay the lawful charges of the finder, in the following cases:

(1) When the thing is in danger of perishing or of losing the greater part of its value; or

(2) When the lawful charges of the finder amount to two - thirds of its value.

Source: CivC 1877, § 1069; CL 1887, § 3693; RCivC 1903, § 1389; RC 1919, § 1012; SDC 1939, § 60.0206.
S.D. Codified Laws § 43-44-3 — SD Code / Title 43 / Chapter 44 / Section 43-44-3
Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem
Status: in_force

Application for registration of an emblem shall be made by the chief officer or officers of the 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, upon blanks to be provided by the secretary of state. Applications for registration shall be verified and have attached thereto two copies of the emblem for which registration is sought.

Source: SL 1933, ch 82, § 2; SDC 1939, § 51.0903.
S.D. Codified Laws § 43-13-11 — SD Code / Title 43 / Chapter 13 / Section 43-13-11
Destruction of servient tenement extinguishes servitude
Status: in_force

A servitude is extinguished by the destruction of the servient tenement.

Source: CivC 1877, § 254, subdiv 2; CL 1887, § 2770, subdiv 2; RCivC 1903, § 277, subdiv 2; RC 1919, § 347 (2); SDC 1939, § 51.0609 (2).
S.D. Codified Laws § 43-30-2 — SD Code / Title 43 / Chapter 30 / Section 43-30-2
Definitions--Unbroken chain of title to an interest in land--Title transaction
Status: in_force

A person shall be deemed to have the unbroken chain of title to an interest in land as such terms are used in this chapter if the official public records of the county wherein such land is situated disclose a conveyance or other title transaction dated and recorded twenty-two years or more prior thereto, which conveyance or other title transaction purports to create such interest in such person or his immediate or remote grantors, with nothing appearing of record purporting to divest such person and his immediate or remote grantors of such purported interest.

"Title transaction" as used herein means any transaction affecting title to real property, including title by will or descent from any persons who held title of record at the date of his death, title by a decree or order of any court, title by tax deed, by trustee's, referee's, conservator's, personal representative's, master's in chancery, or sheriff's deed, as well as by direct conveyance.

Source: SL 1947, ch 233, § 2; SL 1951, ch 256, § 2; SL 1957, ch 266, § 2; SDC Supp 1960, § 51.16B02; SL 1993, ch 213, § 235; SL 1995, ch 167, § 188.
S.D. Codified Laws § 43-11-23 — SD Code / Title 43 / Chapter 11 / Section 43-11-23
Special and beneficial power to make leases valid during life estate
Status: in_force

A special and beneficial power is valid which is granted to the owner of a life estate in the property embraced in the power to make leases, commencing in possession during his life.

Source: CivC 1877, § 342; CL 1887, § 2858; RCivC 1903, § 365; RC 1919, § 432; SDC 1939, § 59.0445.
S.D. Codified Laws § 43-17-25 — SD Code / Title 43 / Chapter 17 / Section 43-17-25
Reconsideration of water marks established by board--Final unless appealed to courts
Status: in_force

The Water Management Board shall reconsider its establishment of water marks upon request, if the request is made within a period of sixty days following the publication of the order establishing the water marks, and if additional pertinent information or data is made available to the board in the request. The decision on the establishment of water marks by the board, including those resulting from any reconsideration request, is final unless an appeal is made to the courts as provided by law.

Source: SL 1978, ch 305, § 5.
S.D. Codified Laws § 43-25-5 — SD Code / Title 43 / Chapter 25 / Section 43-25-5
Warranty deed--Standard form
Status: in_force

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

________, grantor, of ________ county, of ________, for and in consideration of ________ dollars, grants, conveys and warrants to ________, grantee, of ________ P. O. 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, § 1; RC 1919, § 542; SDC 1939, § 51.1403.
S.D. Codified Laws § 43-15A-12 — SD Code / Title 43 / Chapter 15A / Section 43-15A-12
Inspection of condominium project
Status: in_force

After appropriate notification has been made pursuant to §§ 43-15A-10 and 43-15A-11 , an inspection of the condominium project may be made by the Real Estate Commission.

Source: SL 1975, ch 270, § 8; SL 1986, ch 302, § 82.
S.D. Codified Laws § 43-46-4 — SD Code / Title 43 / Chapter 46 / Section 43-46-4
Limitation on amount of liability of surviving joint owner
Status: in_force

The surviving joint owner shall be liable to the creditors or personal representative of the deceased joint owner for the lawful debts and obligations of the deceased joint owner only to an amount equal to the value of the amount contributed to the jointly owned property by the deceased joint owner determined as of the time of his death, but subject to all homestead and legal exemptions in such decedent's jointly owned property.

Source: SL 1969, ch 198 (2); SDCL 30-21A-4; SL 1995, ch 167, § 167.
S.D. Codified Laws § 43-31-19 — SD Code / Title 43 / Chapter 31 / Section 43-31-19
Application for order requiring guardian of mentally ill or incompetent spouse to join in conveyance or mortgage of homestead--Verification--Contents
Status: in_force

An application for the order provided for in § 43-31-18 must be duly verified and must state fully the facts on which the application is based.

Source: SDC 1939, § 51.1705.
S.D. Codified Laws § 43-30-5 — SD Code / Title 43 / Chapter 30 / Section 43-30-5
Notice of claim of interest--Filing for record
Status: in_force

The claim referred to in §§ 43-30-3 and 43-30-4 shall be filed in each county where the claimed land or any part thereof is situate and must set forth the legal description of the land affected by such claim together with a statement of the nature of the claim, charge, or interest asserted, which description shall be set forth in particular terms and not by general inclusions.

Source: SL 1947, ch 233, § 5; SL 1951, ch 256, § 5; SDC Supp 1960, § 51.16B05.
S.D. Codified Laws § 43-15A-17 — SD Code / Title 43 / Chapter 15A / Section 43-15A-17
Commission report required before offer to sell or taking reservations to purchase
Status: in_force

No unit in a condominium project may be offered for sale until the Real Estate Commission has issued a final or substitute public report thereon, nor may reservations to purchase be taken until the commission has issued a preliminary, final, or substitute public report.

Source: SL 1975, ch 270, § 11; SL 1986, ch 302, § 86.
S.D. Codified Laws § 43-3-17 — SD Code / Title 43 / Chapter 3 / Section 43-3-17
Creator of future interest may provide for its termination
Status: in_force

A future interest may be defeated in any manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.

Source: CivC 1877, § 212; CL 1887, § 2728; RCivC 1903, § 235; RC 1919, § 305; SDC 1939, § 51.0228.
S.D. Codified Laws § 43-45-18 — SD Code / Title 43 / Chapter 45 / Section 43-45-18
Court determination of appropriate exemption
Status: in_force

In the event that any court of South Dakota finds the exemption provided in § 43-45-16 is excessive, the court is hereby directed to determine the amount of the exemption permissible under the S.D. Const., Art. XXI, § 4.

Source: SL 1997, ch 250, § 4.
S.D. Codified Laws § 43-13-6.1 — SD Code / Title 43 / Chapter 13 / Section 43-13-6.1
Owner of servient tenement cannot hold servitude--Exception for creator
Status: in_force

An easement or servitude created by an owner is valid and effective, notwithstanding the common ownership of the benefited and burdened property, at the time of creation or after reacquisition of the property by the creator of the easement or servitude.

Source: SL 2025, ch 182, § 2.
S.D. Codified Laws § 43-31-7 — SD Code / Title 43 / Chapter 31 / Section 43-31-7
Marking off and platting of homestead--Exception
Status: in_force

The homestead shall be marked off by fixed and visible monuments and platted, unless the same shall embrace the whole of a subdivision or lot, and in giving the description thereof, then marked off and platted as aforesaid, the direction and distance of the starting point from some corner of the dwelling house shall be stated.

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.
S.D. Codified Laws § 43-9-3 — SD Code / Title 43 / Chapter 9 / Section 43-9-3
Reversion, definition
Status: in_force

A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised.

Source: CivC 1877, § 225; CL 1887, § 2741; RCivC 1903, § 248; RC 1919, § 318; SDC 1939, § 51.0409.
S.D. Codified Laws § 43-23-9 — SD Code / Title 43 / Chapter 23 / Section 43-23-9
Removal of partition fence restricted to repair or construction of new fence
Status: in_force

If adjoining owners of land have shared the expense of erecting and maintaining a partition fence pursuant to the provisions of this chapter, neither owner shall have the right as against the owner of the adjoining lands to remove the same or any part thereof, except for the purpose of making immediate repairs or constructing a new fence.

Source: SL 1909, ch 197, § 1; RC 1919, § 10531; SL 1919, ch 204; SDC 1939, § 19.0101; SL 1988, ch 350, § 4.
S.D. Codified Laws § 43-41B-28 — SD Code / Title 43 / Chapter 41B / Section 43-41B-28
Election to take payment or delivery
Status: in_force

(a) The administrator may decline to receive any property reported under this chapter which he considers to have a value less than the expense of giving notice and of sale. If the administrator elects not to receive custody of the property, the holder shall be notified.

(b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by him, may report and deliver property before the property is presumed abandoned. Property delivered under this subsection must be held by the administrator and is not presumed abandoned until such time as it otherwise would be presumed abandoned under this chapter.

Source: SL 1992, ch 312, § 27.
S.D. Codified Laws § 43-37-8 — SD Code / Title 43 / Chapter 37 / Section 43-37-8
Lender of thing for use--Right to require return--Indemnification of borrower for loss
Status: in_force

The lender of a thing for use may require the return thereof at any time, even though he lent it for a specified time or purpose, unless on the faith of the loan agreement the borrower has made such arrangements that a return of the thing before the time agreed upon or before the accomplishment of the specific purpose would cause him loss exceeding the benefit derived by him from the loan. If in such event the lender compels return before time, the borrower not having in any manner violated his duty, the lender must indemnify the borrower for such loss.

Source: CivC 1877, § 1084; CL 1887, § 3708; RCivC 1903, § 1404; RC 1919, § 1027; SDC 1939, § 38.0210.
S.D. Codified Laws § 43-41B-44 — SD Code / Title 43 / Chapter 41B / Section 43-41B-44
United States savings bonds
Status: in_force

(a) Notwithstanding the provisions of §§ 43-41B-3 , 43-41B-14 , 43-41B-18 , 43-41B-19 , 43-41B-20 , 43-41B-21 , 43-41B-23 , and 43-41B-36 , United States savings bonds which are unclaimed property and subject to the provisions of chapter 43-41B shall escheat to this state three years after becoming unclaimed property and subject to the provisions of chapter 43-41B and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, shall vest solely in this state.

(b) Within one hundred eighty days after the three year period in subsection (a), if no claim has been filed in accordance with the provisions of chapter 43-41B for such United States savings bonds, the administrator shall commence a civil action in the Sixth Judicial Circuit for a determination that such United States savings bonds shall escheat to this state. The administrator may postpone the bringing of such action until sufficient United States savings bonds have accumulated in the administrator's custody to justify the expense of the proceedings.

(c) The administrator shall make service by publication of the proceeding in Hughes County in accordance with § 15-9-7 . The notice shall name any defendant to be served and notify the defendant:

(1) The defendant has been sued in a named court;

(2) The defendant shall answer the petition or other pleading or otherwise defend, on or before a specified date, not less than forty-one days after the date the notice is first published; and

(3) If the defendant does not answer or otherwise defend, the petition or other pleading will be taken as true and judgment, the nature of which will be stated, will be rendered accordingly.

In addition, before service by publication under this section can be made, the administrator or the administrator's attorney shall file an affidavit or a declaration stating all of the following facts that apply:

(i) The residences of all named defendants sought to be served, if known, and the names of all defendants whose residences are unknown after reasonable effort to ascertain them and the specific efforts made to ascertain their residences;

(ii) The affiant or declarant has made a reasonable but unsuccessful effort to ascertain the names and residences of any defendants sought to be served as unknown parties and the specific efforts made to ascertain the names and residences;

(iii) The party seeking service by publication is unable to obtain service of summons on the defendants in this state; and

(iv) The case is one in which the party with due diligence is unable to serve summons on the defendant in this state and:

(A) The case relates to or involves real or personal property in this state, if any defendant has or claims a lien or interest, vested or contingent, in the property; or

(B) In which the relief demanded consists wholly or partly in excluding the defendant from any interest in the property.

(d) If no person files a claim or appears at the hearing to substantiate a claim, or where the court determines that a claimant is not entitled to the property claimed by such claimant, then the court, if satisfied by evidence that the administrator has substantially complied with the laws of this state, shall enter a judgment that the subject United States savings bonds have escheated to this state, and all property rights and legal title to and ownership of such United States savings bonds or proceeds from such bonds, including all rights, powers, and privileges of survivorship of any owner, co-owner, or beneficiary, have vested solely to this state.

(e) The administrator shall redeem such United States savings bonds escheated to the state and the proceeds from the redemption of United States savings bonds shall be deposited into an account in the state treasury in accordance with the provisions of § 43-41B-24 .

(f) Any person making a claim for the United States savings bonds escheated to the state under this section, or for the proceeds from such bonds, may file a claim in accordance with the provisions of chapter 43-41B . Upon providing sufficient proof of the validity of the person's claim, the administrator may pay the claim in accordance with the provisions of chapter 43-41B .

Source: SL 2014, ch 210, § 1.
S.D. Codified Laws § 43-9-2 — SD Code / Title 43 / Chapter 9 / Section 43-9-2
Limitation of future estate
Status: in_force

A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.

Source: CivC 1877, § 224; CL 1887, § 2740; RCivC 1903, § 247; RC 1919, § 317; SDC 1939, § 51.0408.
S.D. Codified Laws § 43-37-7 — SD Code / Title 43 / Chapter 37 / Section 43-37-7
Borrower for use--Lending to third person without consent of lender forbidden
Status: in_force

The borrower of a thing for use must not part with it to a third person without the consent of the lender.

Source: CivC 1877, § 1081; CL 1887, § 3705; RCivC 1903, § 1401; RC 1919, § 1024; SDC 1939, § 38.0208.
S.D. Codified Laws § 43-41B-24.5 — SD Code / Title 43 / Chapter 41B / Section 43-41B-24.5
Net receipts reduction--Distribution amount
Status: in_force

Beginning in fiscal year 2026 and each fiscal year thereafter, the state treasurer shall, after paying from the unclaimed property operating fund all claims and any administrative costs associated with the sale of unclaimed property, deposit into the general fund the net receipts from unclaimed property, up to the general fund contribution limit, as established in § 43-41B-24.3 .

Any net receipts from unclaimed property that exceed the general fund contribution limit as defined in § 43-41B-24.3 , must be deposited into the trust fund for unclaimed property.

The state investment officer shall calculate an amount equal to four percent of the market value of the trust fund for unclaimed property, without invading principal, as eligible for distribution to the general fund. Until fiscal year 2031, the distribution must be based on the market value as of each December thirty-first, beginning with the market value as of December 31, 2025. Beginning with the distribution in fiscal year 2031, the market value must be determined by adding the market value of the trust fund at the end of the sixteen most recent calendar quarters as of December thirty-first, and dividing the sum by sixteen. Upon notice of the amount by the state investment officer, the state treasurer shall transfer the distribution amount from the trust fund to the general fund as soon as practicable after July first of the next fiscal year.

Source: SL 2025, ch 184, § 5.
S.D. Codified Laws § 43-3-21 — SD Code / Title 43 / Chapter 3 / Section 43-3-21
Perpetual or limited interest in property--Duration of enjoyment
Status: in_force

In respect to the time of enjoyment, an interest in property is either perpetual or limited.

A perpetual interest has a duration equal to that of the property.

A limited interest has a duration less than that of the property.

Source: CivC 1877, §§ 180, 183, 184; CL 1887, §§ 2696, 2699, 2700; RCivC 1903, §§ 203, 206, 207; RC 1919, §§ 276, 277; SDC 1939, § 51.0215.
S.D. Codified Laws § 43-17-13 — SD Code / Title 43 / Chapter 17 / Section 43-17-13
Ownership of island or accumulation of land in nonnavigable stream
Status: in_force

An island or accumulation of land formed in a stream which is not navigable belongs to the owner of the shore on that side where the island or accumulation is formed, or if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river.

Source: CivC 1877, § 587; CL 1887, § 3210; RCivC 1903, § 903; RC 1919, § 501; SDC 1939, § 51.1108.
S.D. Codified Laws § 43-32-22.1 — SD Code / Title 43 / Chapter 32 / Section 43-32-22.1
Continuation of farm lease absent notice--Time for notice--Termination without notice in case of default--Grassland included
Status: in_force

In the case of farm tenants, occupying and cultivating agricultural land of forty acres or more, under an oral lease, the tenancy shall continue for the following crop year upon the same terms and conditions as the original lease unless written notice for termination is given by either party to the other by September first, whereupon the tenancy shall terminate March first following. The tenancy may not continue because of absence of notice if there is default in the performance of the existing rental agreement. For the purpose of this section, agricultural land includes grassland, either native or tame.

Source: SL 1977, ch 342; SL 1991, ch 365; SL 1994, ch 340.
S.D. Codified Laws § 43-9-14 — SD Code / Title 43 / Chapter 9 / Section 43-9-14
Action for injury to inheritance--Right to maintain
Status: in_force

A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.

Source: CivC 1877, § 264; CL 1887, § 2780; RCivC 1903, § 287; RC 1919, § 357; SDC 1939, § 51.0709.
S.D. Codified Laws § 43-11-44 — SD Code / Title 43 / Chapter 11 / Section 43-11-44
Power to dispose by grant not subject to execution by will
Status: in_force

Where a power is confined to a disposition by grant, it cannot be executed by will even though the disposition is not intended to take effect until after the death of the person executing the power.

Source: CivC 1877, § 320; CL 1887, § 2836; RCivC 1903, § 343; RC 1919, § 411; SDC 1939, § 59.0424.
S.D. Codified Laws § 43-41B-37 — SD Code / Title 43 / Chapter 41B / Section 43-41B-37
Effect of new provisions--Clarification of application
Status: in_force

(a) This chapter does not relieve a holder of a duty that arose before July 1, 1993, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1993, is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to subdivision 43-41B-30(b).

(b) Except to the extent previously reported to a state, the initial report filed under this chapter for property that was not required to be reported before July 1, 1993, but which is subject to this chapter must include all items of property that would have been presumed abandoned during the ten - year period preceding July 1, 1993, as if this chapter had been in effect during that period.

Source: SL 1992, ch 312, § 36; SL 1993, ch 326, § 8.
S.D. Codified Laws § 43-13-24 — SD Code / Title 43 / Chapter 13 / Section 43-13-24
Large wind energy system set back requirement--Exception
Status: in_force

Each wind turbine tower of a large wind energy system shall be set back at least five hundred feet or 1.1 times the height of the tower, whichever distance is greater, 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, § 4.
S.D. Codified Laws § 43-2B-1 — SD Code / Title 43 / Chapter 2B / Section 43-2B-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Military installation," any federally or state owned, leased, or operated base, building, camp, post, reservation, or other facility to which active duty or reserve members of the armed forces or civilian employees are assigned pursuant to orders issued by the United States Department of Defense or the South Dakota National Guard;

(2) "Prohibited entity," any entity as defined in § 43-2A-1 ; and

(3) "Real property interest," any direct or indirect legal or equitable stake in real property as evidenced by a contract for deed, deed, easement, lease, option, purchase agreement, trust, or other instrument.

Source: SL 2026, ch 177, § 1.
S.D. Codified Laws § 43-25-2 — SD Code / Title 43 / Chapter 25 / Section 43-25-2
Conveyance of interest in property by owner out of possession
Status: in_force

Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same in as full and complete a manner as if he or she were in actual possession of the lands and premises intended to be conveyed; and the grantee or grantees shall have the same right of action for the recovery thereof, and shall in all respects derive the same benefit and advantage therefrom as if the grantor or grantors had been in actual possession at the time of executing the conveyance.

Source: SL 1899, ch 109; RCivC 1903, § 996; RC 1919, § 602; SDC 1939, § 51.1409.
S.D. Codified Laws § 43-15B-1 — SD Code / Title 43 / Chapter 15B / Section 43-15B-1
"Time-share" defined
Status: in_force

For purposes of this chapter, the term "time - share" means the right to use and occupy a living unit, of which the use and occupancy right is divided among persons holding similar interests within that living unit according to a fixed or variable time schedule on a periodic basis and allotted from the use or occupancy into which the time - share project is divided. There is no distinction between a "time - share use" and a "time - share estate."

Source: SL 1983, ch 273, § 1.
S.D. Codified Laws § 43-4-40 — SD Code / Title 43 / Chapter 4 / Section 43-4-40
Liability for defect disclosed in statement
Status: in_force

Except as provided in § 43-4-42 , a seller is not liable for a defect or other condition in the residential real property being transferred if the seller truthfully completes the disclosure statement.

Source: SL 1993, ch 325, § 4; SL 1994, ch 337, § 3.
S.D. Codified Laws § 43-4-8 — SD Code / Title 43 / Chapter 4 / Section 43-4-8
Absolute delivery of grant required--Conditional delivery ineffective
Status: in_force

A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute; and the instrument takes effect thereupon discharged of any condition on which the delivery was made.

Source: CivC 1877, § 608; CL 1887, § 3231; RCivC 1903, § 924; RC 1919, § 526; SDC 1939, § 51.1305.
S.D. Codified Laws § 43-34-2 — SD Code / Title 43 / Chapter 34 / Section 43-34-2
Effect of uniting things of different owners--Inseparable without injury--Ownership--Duties of owner
Status: in_force

When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part, who must, however, reimburse the value of the residue to the other owner or surrender the whole to him.

Source: CivC 1877, § 590; CL 1887, § 3213; RCivC 1903, § 906; RC 1919, § 508; SDC 1939, § 51.1201.
S.D. Codified Laws § 43-11-48 — SD Code / Title 43 / Chapter 11 / Section 43-11-48
Instrument in execution of power a conveyance--Record required
Status: in_force

Every instrument except a will, in execution of a power, even though the power is one of revocation only, is to be deemed a conveyance within the meaning of chapter 43-28 relating to recording transfers.

Source: CivC 1877, § 328; CL 1887, § 2844; RCivC 1903, § 351; RC 1919, § 419; SDC 1939, § 59.0432.
S.D. Codified Laws § 43-30-13 — SD Code / Title 43 / Chapter 30 / Section 43-30-13
Right, title, or interest of state or United States unaffected by chapter
Status: in_force

This chapter shall not be deemed to affect the right, title, or interest of the State of South Dakota, or the United States in any lands in South Dakota.

Source: SL 1947, ch 233, § 10; SL 1951, ch 256, § 10; SL 1957, ch 266, § 5; SDC Supp 1960, § 51.16B10.
S.D. Codified Laws § 43-31-1 — SD Code / Title 43 / Chapter 31 / Section 43-31-1
Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile homes--Senior citizens
Status: in_force

The homestead, including a homestead listed for sale, of every family, resident in this state, so long as it continues to possess the character of a homestead is exempt from judicial sale, from judgment lien, and from all mesne or final process from any court, to the extent and as provided by statute. However, a creditor or lien holder of a mobile home classified as a homestead under § 43-31-2 prior to January 1, 1973, may not be cut off and is not subject to a homestead exemption. In addition, a homestead with a value of less than one hundred seventy thousand dollars of a person seventy years of age or older, and the unremarried surviving spouse of such person, is exempt from sale for taxes for so long as it continues to possess the character of a homestead.

Source: SL 1862, ch 37, § 1; SL 1874-5, ch 37, § 1; PolC 1877, ch 38, § 1; CL 1887, § 2449; SL 1890, ch 86, § 1; RPolC 1903, § 3215; RC 1919, § 449; SDC 1939, § 51.1701; SL 1972, ch 233, § 5; SL 1980, ch 296, § 1; SL 2005, ch 234, § 1; SL 2015, ch 223, § 1.
S.D. Codified Laws § 43-2B-2 — SD Code / Title 43 / Chapter 2B / Section 43-2B-2
Prohibitions on foreign ownership
Status: in_force

After the expiration of any applicable divestment period provided in § 43-2B-3 , a prohibited entity may not, during any time in which there exists a military installation in this state:

(1) Hold or obtain any real property interest located, in whole or in part, in this state; or

(2) Directly or indirectly control, finance, or hold a legal or equitable interest in any entity that holds a real property interest in this state.

Source: SL 2026, ch 177, § 2.
S.D. Codified Laws § 43-39-22 — SD Code / Title 43 / Chapter 39 / Section 43-39-22
Depository must deliver on demand
Status: in_force

A depository must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by § 43-39-20 .

Source: CivC 1877, § 1039; CL 1887, § 3663; RCivC 1903, § 1358; RC 1919, § 975; SDC 1939, § 60.0102 (1).
S.D. Codified Laws § 43-17-27 — SD Code / Title 43 / Chapter 17 / Section 43-17-27
Marks previously determined not affected--Effect on pending proceedings for determination
Status: in_force

The provisions of §§ 43-17-2 , 43-17-20 , 43-17-21 , and 43-17-28 to 43-17-30 , inclusive, do not affect any ordinary high or low water mark finally determined at law prior to March 2, 1985, the rights of ownership or use of any land bounded by an ordinary high or low water mark so established, nor any proceedings to establish an ordinary high or low water mark commenced but not finally determined prior to March 2, 1985. Public access, however, to lands below an ordinary high water mark established in proceedings commenced but not finally determined prior to March 2, 1985, shall be governed by § 43-17-2 . With respect to lakes for which proceedings to establish the ordinary high water mark are initiated on or after March 2, 1985, the effective date of § 43-17-2 shall be July 1, 1986.

Source: SL 1985, ch 337, § 5.
S.D. Codified Laws § 43-25-17 — SD Code / Title 43 / Chapter 25 / Section 43-25-17
Subsequently acquired title passes by operation of law
Status: in_force

Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors.

Source: CivC 1877, § 633, subdiv 4; CL 1887, § 3254, subdiv 4; RCivC 1903, § 947, subdiv 4; RC 1919, § 555 (4); SDC 1939, § 51.1414 (4).
S.D. Codified Laws § 43-24-2 — SD Code / Title 43 / Chapter 24 / Section 43-24-2
Adoption of chapter by civil township supersedes partition fence law
Status: in_force

So long as this chapter is operative in any civil township, its provisions shall supersede the provisions of §§ 43-23-1 to 43-23-9 , inclusive.

Source: SL 1917, ch 237, § 6; RC 1919, § 10540; SDC 1939, § 19.0202.
S.D. Codified Laws § 43-15A-2 — SD Code / Title 43 / Chapter 15A / Section 43-15A-2
Estates subject to chapter
Status: in_force

"Condominium," as used in this chapter, unless the context otherwise requires, shall mean an estate in real property consisting of an undivided interest in portions of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial building or industrial and commercial building on such real property, such as, but not restricted to, an apartment, office, or store. A condominium may include in addition a separate interest in other portions of real property. Such estate may, with respect to the duration of its enjoyment, be either an estate of inheritance or perpetual estate, an estate for life, or an estate for years.

Source: SL 1975, ch 270, § 1 (2).
S.D. Codified Laws § 43-15B-9 — SD Code / Title 43 / Chapter 15B / Section 43-15B-9
Applicants and licensees under disciplinary investigation--Criminal background check
Status: in_force

Each applicant for licensure and registration as a time share agent in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon application, the commission shall submit completed fingerprint cards to the Division of Criminal Investigation. Upon completion of the criminal background check, the Division of Criminal Investigation shall forward to the commission all information obtained as a result of the criminal background check. This information shall be obtained prior to licensure of the applicant. The commission may require a state and federal criminal background check for any licensee who is the subject of a disciplinary investigation by the commission. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application or may result in revocation of a license. The applicant shall pay for any fees charged for the cost of fingerprinting or the criminal background investigation.

Source: SL 2009, ch 190, § 3; SL 2021, ch 179, § 4.
S.D. Codified Laws § 43-43B-2 — SD Code / Title 43 / Chapter 43B / Section 43-43B-2
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Access," to instruct, communicate with, store data in, or retrieve data from a computer system;

(2) "Computer," an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation;

(3) "Software," a series of coded instructions or statements in a form acceptable to a computer system, which causes the computer system to process data in order to achieve a certain result;

(4) "Computer system," includes any computer, computer network, other related device, data input and output and storage devices, and data communications links;

(5) "Computer network," a set of related, connected network electronics and communications links that allows any computer system to communicate with any other computer system;

(5A) "Data," digitized information in any form that may be accessed by a computer system, regardless of whether the information is in transmission or stored on a computer system, diskette, compact diskette, cd - rom, tape, or in any other medium;

(6) "Destroy," to make unusable, render inoperable, render unable to accept or process data, or supply results, render unable to perform data processing tasks or cause computer networks to be unable to transfer data between computer systems for any amount of time.

Source: SL 1982, ch 300, § 2; SL 1984, ch 282, § 2; SL 2002, ch 109, § 28.
S.D. Codified Laws § 43-2B-5 — SD Code / Title 43 / Chapter 2B / Section 43-2B-5
Enforcement--Interest forfeiture or termination--Venue--Time to bring action--Judgment--Lis pendens
Status: in_force

The attorney general shall enforce the provisions of this chapter. Any real property interest owned in violation of this chapter must be forfeited to the state or terminated, as applicable.

Upon substantiation of an allegation that a prohibited entity holds an interest in this state in violation of this chapter, the attorney general may commence an action, in the circuit court for the county in which the real property is located, for forfeiture or termination of the interest.

The court may not order forfeiture or termination of the interest unless the action is brought within three years after evidence of the violation is referred to the attorney general.

If the court finds that the interest is held in violation of this chapter, the court must:

(1) Enter a judgment declaring the prohibited entity's interest void as of the date of the judgment; and

(2) Order that the interest be forfeited or terminated, as applicable;

If the court orders forfeiture of the interest, the court must enter a judgment directing the attorney general to sell the property and specifying that the sale is for the benefit of the person that held the interest immediately before entry of the judgment, subject to the distribution of proceeds pursuant to § 43-2B-6 .

Upon commencing an action pursuant to this section, the attorney general shall cause a notice of lis pendens to be recorded with the register of deeds for the county in which the interest is located.

Source: SL 2026, ch 177, § 5.
S.D. Codified Laws § 43-40-3 — SD Code / Title 43 / Chapter 40 / Section 43-40-3
Guest's receipt for property delivered for safekeeping
Status: in_force

It shall be the duty of every guest and of everyone intending to be a guest of any hotel in this state, upon delivering to the proprietor of such hotel, or to his servants, any baggage or other articles of property of such guest for safekeeping, elsewhere than to the room assigned to such guest, to demand, and of such hotel proprietor to give, a check or receipt therefor in such case, to evidence the fact of such delivery.

Source: SL 1913, ch 237, § 3; RC 1919, § 1000; SDC 1939, § 60.0703.
S.D. Codified Laws § 43-3-15 — SD Code / Title 43 / Chapter 3 / Section 43-3-15
Effect of limitation of future interest by grant to take effect on death without issue
Status: in_force

Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors or issue living at the death of the person named as ancestor.

Source: CivC 1877, § 617; CL 1887, § 3240; RCivC 1903, § 933; RC 1919, § 535; SDC 1939, § 51.1311.
S.D. Codified Laws § 43-36-5 — SD Code / Title 43 / Chapter 36 / Section 43-36-5
Gift in view of death--Presumption
Status: in_force

A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death.

Source: CivC 1877, § 643; CL 1887, § 3264; RCivC 1903, § 957; RC 1919, § 565; SDC 1939, § 51.1509.
S.D. Codified Laws § 43-25-18.1 — SD Code / Title 43 / Chapter 25 / Section 43-25-18.1
Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose
Status: in_force

Notwithstanding the provisions of §§ 43-25-18 and 43-30-12 , whenever any real property is, heretofore or hereafter, conveyed by any grant or devise to be held or used for any religious, educational, charitable, benevolent, or public purpose, with a condition subsequent annexed in the instrument of conveyance that in event the lands shall, at any time, cease to be held or used for the purpose set forth in such conveyance, title shall revert to the grantor or devisor or the heirs, and it appears in the judgment of the officers, trustees, or governing body of the grantee named in such conveyance that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to continue to hold or use the lands for the purpose mentioned in such conveyance and that the religious, educational, charitable, benevolent, or public object of the grantor or devisor, as set forth in such conveyance, may be prevented or defeated thereby, the grantee may file an action in the circuit court of the county in which the lands are situated, setting forth a correct description of such lands and the terms and conditions under which the lands are to be held or used, together with a comprehensive statement of the changed conditions and circumstances which render it impossible or impractical to continue to hold or use the lands for the purpose stated in the conveyance.

Source: SL 2005, ch 232, § 1.
S.D. Codified Laws § 43-29-5 — SD Code / Title 43 / Chapter 29 / Section 43-29-5
Judgment or decree affecting title to real property conclusive after twenty years from date of entry--Supporting proceedings deemed legally taken
Status: in_force

The provisions of a judgment or decree affecting the title to real property and the record thereof are conclusive after twenty years from the entry thereof and all proceedings necessary to support such judgment or decree shall be deemed to have been legally taken.

Source: SL 1943, ch 175, § 5; SDC Supp 1960, § 51.1626 (5).
S.D. Codified Laws § 43-6-7 — SD Code / Title 43 / Chapter 6 / Section 43-6-7
Accumulation of trust income
Status: in_force

No provision directing or authorizing accumulation of trust income is invalid. This section is effective and applies to trust instruments whenever created or executed.

Source: SL 2012, ch 233, § 26; SL 2013, ch 239, § 14.
S.D. Codified Laws § 43-4-42 — SD Code / Title 43 / Chapter 4 / Section 43-4-42
Residential real property disclosure statement--Liability for failure to comply
Status: in_force

A transfer that is subject to §§ 43-4-37 to 43-4-44.1 , inclusive, is not invalidated solely because a person fails to comply with §§ 43-4-37 to 43-4-44.1 , inclusive. However, a person who intentionally or who negligently violates §§ 43-4-37 to 43-4-44.1 , inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller.

Source: SL 1993, ch 325, § 6; SL 2009, ch 220, § 1; SL 2024, ch 177, § 1.
S.D. Codified Laws § 43-31-2 — SD Code / Title 43 / Chapter 31 / Section 43-31-2
Homestead limited to house or mobile home and appurtenant buildings--Business place--Minimum size of mobile home
Status: in_force

The homestead embraces the house used as a home by the owner of it, being either, real property or a mobile home, and if the owner has two or more houses or mobile homes thus used at different times and places, the owner shall select which he or she will retain as a homestead.

The homestead may not embrace more than one dwelling house or any other buildings except such as are properly appurtenant to the homestead. A shop, store, or other building situated on real property and really used or occupied by the owner in the prosecution of the owner's own ordinary business may be deemed appurtenant to the owner's homestead.

A mobile home may include any vehicle without motive power which can provide adequate, comfortable, all season quarters for the purpose of making it a residence and which vehicle is larger than two hundred forty square feet, measuring at the base of the vehicle. The mobile home must be registered in South Dakota at least six months prior to the claim of exemption.

Source: SL 1874-5, ch 37, §§ 6, 9; PolC 1877, ch 38, §§ 6, 9; CL 1887, §§ 2454, 2457; RPolC 1903, §§ 3222, 3225; RC 1919, §§ 456, 457; SDC 1939, § 51.1708; SL 1972, ch 233, § 6; SL 2015, ch 223, § 2.
S.D. Codified Laws § 43-19-8 — SD Code / Title 43 / Chapter 19 / Section 43-19-8
Hearing on petition in unorganized township to establish permanent landmarks--Order of board of county commissioners
Status: in_force

Any person interested in any real property in such township may appear and be heard, for or against the granting of the petition, on the day named in such notice. After a hearing is had upon the petition the board shall by order grant or deny the petition.

Source: SL 1901, ch 204, § 1; RPolC 1903, § 1156; RC 1919, § 6145; SDC 1939, § 58.1205.
S.D. Codified Laws § 43-2A-7 — SD Code / Title 43 / Chapter 2A / Section 43-2A-7
Reports monitored by Department of Agriculture and Natural Resources
Status: in_force

The Department of Agriculture and Natural Resources shall review:

(1) Any report received by the department in accordance with § 43-2A-7.1 ;

(2) Any report transmitted to the department pursuant to the Agricultural Foreign Investment Disclosure Act of 1978, 7 U.S.C. § 3505 (January 1, 2024);

(3) Any annual report required by § 59-11-24 ; and

(4) Any report voluntarily submitted by a county register of deeds alleging a violation of this chapter.

If the department has reason to believe that a violation of this chapter may have occurred, the department must refer the evidence to the attorney general, who must investigate in accordance with § 43-2A-6.1 .

Source: SL 1979, ch 291, § 5; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021; SL 2024, ch 176, § 10.
S.D. Codified Laws § 43-7-4 — SD Code / Title 43 / Chapter 7 / Section 43-7-4
Abolishment of estates tail--Fee tail is now a fee simple
Status: in_force

Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute.

Source: CivC 1877, § 220; CL 1887, § 2736; RCivC 1903, § 243; RC 1919, § 313; SDC 1939, § 51.0405.
S.D. Codified Laws § 43-41B-36 — SD Code / Title 43 / Chapter 41B / Section 43-41B-36
Agreements to locate reported property
Status: in_force

All agreements to pay compensation to recover or assist in the recovery of property reported under § 43-41B-18 , made within twelve months prior to the reporting and remitting of abandoned property accounts and within twenty - four months after the date payment or delivery is made under § 43-41B-20 , are unenforceable. No agreement entered into after twenty - four months of the required date of delivery of the property by the holder to the state treasurer is valid if a person thereby undertakes to locate property included in a report for a fee or other compensation exceeding twenty - five percent of the value of the recoverable property unless the agreement is in writing and signed by the owner. Nothing in this section may be construed to prevent an owner from asserting at any time that an agreement to locate property is based upon excessive or unjust consideration. A violation of this section is a Class 1 misdemeanor.

Source: SL 1992, ch 312, § 35; SL 1993, ch 326, § 7; SL 1994, ch 342.
S.D. Codified Laws § 43-36-2 — SD Code / Title 43 / Chapter 36 / Section 43-36-2
Validity of verbal gift--Means of obtaining possession and control--Delivery
Status: in_force

A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given; nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee.

Source: CivC 1877, § 640; CL 1887, § 3261; RCivC 1903, § 954; RC 1919, § 562; SDC 1939, § 51.1507.
S.D. Codified Laws § 43-18-4 — SD Code / Title 43 / Chapter 18 / Section 43-18-4
Disturbance of survey corners as petty offense
Status: in_force

No United States government survey corner nor any corner established by any registered land surveyor may be disturbed, removed, or in any manner changed by any person in the prosecution of any public or private work. A violation of this section is a petty offense.

Source: SL 1893, ch 157, § 12; RPolC 1903, § 134; RC 1919, § 8203; SDC 1939, §§ 18.0202, 18.9902; SL 1970, ch 214, § 40; SL 1983, ch 15, § 8.
S.D. Codified Laws § 43-19-4 — SD Code / Title 43 / Chapter 19 / Section 43-19-4
Manner of setting permanent landmarks--Reestablishment of section corners--Certificate of survey
Status: in_force

Such landmarks shall in all cases be set on section corners and quarter posts established by the United States survey, but if there be a clerical error or omission in the government field notes, or the bearing trees, mounds, or other locating evidences specified therein be destroyed or lost, and there be no other reliable evidence by which such corner can be identified, such surveyor shall reestablish such corner under the rules adopted by the general government in the survey of public lands. Such surveyor shall, in all cases, set forth such action in his certificate of the survey.

Source: SL 1890, ch 35, § 3; RPolC 1903, § 1152; RC 1919, § 6142; SDC 1939, § 58.1202.
S.D. Codified Laws § 43-24-3 — SD Code / Title 43 / Chapter 24 / Section 43-24-3
Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence
Status: in_force

Every owner of land is bound to bear one - half of the expense of erecting and maintaining partition fences between his own and adjoining lands.

Source: SL 1917, ch 237, § 1; RC 1919, § 10535; SDC 1939, § 19.0204.
S.D. Codified Laws § 43-12-4 — SD Code / Title 43 / Chapter 12 / Section 43-12-4
Covenants running with land--Limitation to certain assigns
Status: in_force

A covenant for the addition of some new thing to real property, or for the direct benefit of some part of the property not then in existence or annexed thereto, when contained in a grant of an estate in such property, and made by the covenantor expressly for his assigns, or to the assigns of the covenantee, runs with the land so far only as the assigns thus mentioned are concerned.

Source: CivC 1877, § 823; CL 1887, § 3447; RCivC 1903, § 1140; RC 1919, § 747; SDC 1939, § 51.0426.
S.D. Codified Laws § 43-11-13 — SD Code / Title 43 / Chapter 11 / Section 43-11-13
Capacity to create power
Status: in_force

No person is capable of creating a power who is not at the same time capable of granting some estate in the property to which the power relates.

Source: CivC 1877, § 307; CL 1887, § 2823; RCivC 1903, § 330; RC 1919, § 399; SDC 1939, § 59.0412.
S.D. Codified Laws § 43-34-10 — SD Code / Title 43 / Chapter 34 / Section 43-34-10
Wrongful employment of materials of another--Liability for damage
Status: in_force

One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter.

Source: CivC 1877, § 598; CL 1887, § 3221; RCivC 1903, § 914; RC 1919, § 516; SDC 1939, § 51.1207.
S.D. Codified Laws § 43-39-2 — SD Code / Title 43 / Chapter 39 / Section 43-39-2
Voluntary deposit, making of--Terms defined--Deposit--Depository
Status: in_force

A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving, the depository.

Source: CivC 1877, § 1034; CL 1887, § 3658; RCivC 1903, § 1353; RC 1919, § 970; SDC 1939, § 60.0101 (1).
S.D. Codified Laws § 43-8-1 — SD Code / Title 43 / Chapter 8 / Section 43-8-1
Rights of life tenant--Use of land--Exception
Status: in_force

The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance.

Source: CivC 1877, § 256; CL 1887, § 2772; RCivC 1903, § 279; RC 1919, § 349; SDC 1939, § 51.0706.
S.D. Codified Laws § 43-3-6 — SD Code / Title 43 / Chapter 3 / Section 43-3-6
Mere possibility does not constitute an interest in property
Status: in_force

A mere possibility, such as the expectancy of an heir apparent, is not deemed an interest of any kind.

Source: CivC 1877, § 192; CL 1887, § 2708; RCivC 1903, § 215; RC 1919, § 285; SDC 1939, § 51.0222.
S.D. Codified Laws § 43-23-6 — SD Code / Title 43 / Chapter 23 / Section 43-23-6
Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages
Status: in_force

If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in § 43-23-5 , the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.

Source: SL 1909, ch 197, § 4; RC 1919, § 10534; SDC 1939, § 19.0104; SL 1990, ch 350, § 2.
S.D. Codified Laws § 43-11-26 — SD Code / Title 43 / Chapter 11 / Section 43-11-26
Release 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 may be released by him to any person entitled to a future estate in the property and is thereupon extinguished.

Source: CivC 1877, § 345; CL 1887, § 2861; RCivC 1903, § 368; RC 1919, § 435; SDC 1939, § 59.0448.
S.D. Codified Laws § 43-37-13 — SD Code / Title 43 / Chapter 37 / Section 43-37-13
Loan for use or exchange--Return of thing to lender by borrower--Specified time--Demand for return
Status: in_force

If a thing is lent for use or for exchange for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired or the purpose has been accomplished. In other cases it need not be returned until demanded.

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 § 43-11-4 — SD Code / Title 43 / Chapter 11 / Section 43-11-4
Power, definition
Status: in_force

A power as the term is used in this chapter is an authority to do some act in relation to real property or to the creation or revocation of an estate therein or a charge thereon which the owner granting or reserving such power might himself perform for any purpose.

Source: CivC 1877, § 298; CL 1887, § 2814; RCivC 1903, § 321; RC 1919, § 390; SDC 1939, § 59.0403.
S.D. Codified Laws § 43-11-55 — SD Code / Title 43 / Chapter 11 / Section 43-11-55
Conditions existing at the time of the creation of a power determine legality
Status: in_force

No estate or interest can be given or limited to any person by an instrument in execution of a power which could not have been given or limited at the time of the creation of the power.

Source: CivC 1877, § 331; CL 1887, § 2847; RCivC 1903, § 354; RC 1919, § 422; SDC 1939, § 59.0435.
S.D. Codified Laws § 43-23-4.1 — SD Code / Title 43 / Chapter 23 / Section 43-23-4.1
Legal fences for buffalo
Status: in_force

A legal fence for buffalo is the same as provided in § 43-23-4 , except as provided in this section. A legal fence for buffalo may use smooth wire rather than barbed wire. All posts shall be of sufficient length to provide for fifty - four inches above the surface, and one additional strand of wire shall be included at fifty - four inches above the earth. The additional cost and maintenance of the legal fence for buffalo, other than an as provided in § 43-23-4 , shall be borne by the owner or caretaker of the buffalo if only one of the parties partitioned possesses the buffalo.

Source: SL 2001, ch 224, § 3.
S.D. Codified Laws § 43-42-3 — SD Code / Title 43 / Chapter 42 / Section 43-42-3
Nonnegotiable contract--Transfer by endorsement
Status: in_force

A nonnegotiable written contract for the payment of money or personal property may be transferred by endorsement in like manner with negotiable instruments. Such endorsement shall transfer all the rights of the assignor under the instrument to the assignee subject to all equities and defenses existing in favor of the maker at the time of the endorsement, or arising in his favor before notice of the assignment or endorsement.

Source: CivC 1877, § 818; CL 1887, § 3442; RCivC 1903, § 1135; RC 1919, § 742; SDC 1939, § 51.0803; SL 1945, ch 213.
S.D. Codified Laws § 43-45-8 — SD Code / Title 43 / Chapter 45 / Section 43-45-8
Exemption not allowed for purchase money or construction costs
Status: in_force

No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be exempt, and on which such attachment or execution is levied.

Source: SL 1883, ch 50, § 1; CL 1887, § 5137; RCCivP 1903, § 362; SL 1903, ch 139; RC 1919, § 2669; SL 1927, ch 115; SDC 1939, § 51.1807.
S.D. Codified Laws § 43-21-4 — SD Code / Title 43 / Chapter 21 / Section 43-21-4
Description of property in accordance with certified and recorded plat valid
Status: in_force

Such plat being duly certified and recorded, a description of the property in accordance with the numbers and description set forth in such plat shall be deemed a good and valid description of the lots or parcels of land so described.

Source: SL 1895, ch 154, § 3; RPolC 1903, § 985; RC 1919, § 5815; SDC 1939, § 51.1405; SL 1945, ch 214.
S.D. Codified Laws § 43-25-18.4 — SD Code / Title 43 / Chapter 25 / Section 43-25-18.4
Title in fee simple free of conditions to purchaser of land
Status: in_force

No sale of lands under the decree of the court pursuant to §§ 43-25-18.1 to 43-25-18.6 , inclusive, defeats the estate of the grantee named in the original conveyance because of the failure to continue to hold or use the land for the purpose named in such conveyance and is sufficient to convey to the purchaser of such land a good and sufficient title in fee simple, free from all conditions or limitations whatsoever, under which the land shall have been held or used.

Source: SL 2005, ch 232, § 4.
S.D. Codified Laws § 43-15A-4 — SD Code / Title 43 / Chapter 15A / Section 43-15A-4
Particulars required in master deed or lease
Status: in_force

The master deed or lease to which § 43-15A-3 refers shall express the following particulars:

(1) The description of the land, whether leased or in fee simple, and the building or buildings, expressing their respective areas;

(2) The general description and the number of each condominium, expressing its area, location, and any other data necessary for its identification;

(3) The description of the common areas of the building or buildings; and

(4) The provisions requiring the council of co - owners to maintain insurance on the condominium.

Source: SL 1975, ch 270, § 5.
S.D. Codified Laws § 43-41B-42 — SD Code / Title 43 / Chapter 41B / Section 43-41B-42
Unredeemed gift certificates, closed-loop cards, open-loop cards, and rewards cards not subject to state claim
Status: in_force

Any unredeemed gift certificate or closed-loop card that meets the requirements of § 43-41B-43 or any open-loop prepaid card or rewards card is subject only to any rights of a purchaser or owner of the gift certificate or card and is not subject to any claim made by any state acting on behalf of a purchaser or owner.

Source: SL 2010, ch 215, § 3; SL 2011, ch 198, § 2.
S.D. Codified Laws § 43-25-11 — SD Code / Title 43 / Chapter 25 / Section 43-25-11
Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants
Status: in_force

From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express terms contained in such conveyance:

(1) That previous to the time of the execution of such conveyance the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee; and

(2) That such estate is at the time of the execution of such conveyance free from encumbrances made, done, or suffered by the grantor.

Source: SL 1909, ch 179, § 1; RC 1919, § 549; SDC 1939, § 51.1416.
S.D. Codified Laws § 43-2-17 — SD Code / Title 43 / Chapter 2 / Section 43-2-17
Interest created in several persons in their own right as interest in common
Status: in_force

Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in §§ 43-2-12 to 43-2-14 , inclusive.

Source: CivC 1877, § 179; CL 1887, § 2695; RCivC 1903, § 202; RC 1919, § 272; SDC 1939, § 51.0214.
S.D. Codified Laws § 43-3-20 — SD Code / Title 43 / Chapter 3 / Section 43-3-20
Conveyance of future interest
Status: in_force

Future interests pass by succession, will, and transfer, in the same manner as present interests.

Source: CivC 1877, § 191; CL 1887, § 2707; RCivC 1903, § 214; RC 1919, § 284; SDC 1939, § 51.0220.
S.D. Codified Laws § 43-28-27 — SD Code / Title 43 / Chapter 28 / Section 43-28-27
Register of deeds to post notice
Status: in_force

The register of deeds shall post a notice in the county office of the register of deeds and on any website provided by the register of deeds. The notice shall include the information provided in §§ 43-28-24 to 43-28-26 , inclusive.

Source: SL 2010, ch 214, § 5.
S.D. Codified Laws § 43-9-6 — SD Code / Title 43 / Chapter 9 / Section 43-9-6
Successive estates for life--Limitation
Status: in_force

Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.

Source: CivC 1877, § 231; CL 1887, § 2747; RCivC 1903, § 254; RC 1919, § 324; SDC 1939, § 51.0415.
S.D. Codified Laws § 43-32-19 — SD Code / Title 43 / Chapter 32 / Section 43-32-19
Termination of lease by tenant--Causes
Status: in_force

A tenant may terminate a lease before the end of the term if:

(1) The landlord does not, within a reasonable time after written request, fulfill obligations, if any, as to placing and securing the tenant in quiet possession of the premises or putting the premises into good condition or repairing the same;

(2) The greater part of the leased premises or that part which was, and which the landlord had at the time of leasing, reason to believe was the material inducement to the tenant to enter into the lease, is destroyed, from any other cause than the ordinary negligence of the tenant; or

(3) The tenant meets the provisions of § 43-32-19.1.

Source: SDC 1939, § 38.0421; SL 2020, ch 190, § 2.
S.D. Codified Laws § 43-30-14 — SD Code / Title 43 / Chapter 30 / Section 43-30-14
Right, title, or interest in land owned by public utility unaffected by chapter
Status: in_force

This chapter shall not apply to the right, title, or interest in any land owned by any railroad or other public utility corporation or any lessee, trustee, or receiver thereof; nor shall it apply to claims, liens, titles, or rights of action founded upon mortgages or trust deeds executed by any such corporations or the lessees, trustees, or receivers thereof.

Source: SL 1947, ch 233, § 11; SL 1951, ch 256, § 11; SDC Supp 1960, § 51.16B11.
S.D. Codified Laws § 43-32-4 — SD Code / Title 43 / Chapter 32 / Section 43-32-4
Hiring of lodgings--Length of term--Presumption
Status: in_force

A hiring of lodgings for an unspecified term is presumed to have been made for such length of time as the parties adopt for the estimation of the rent. Thus a hiring at a weekly rate of rent is presumed to be for one week. In the absence of any agreement respecting the length of time of the rent, the hiring is presumed to be monthly.

Source: CivC 1877, § 1117; CL 1887, § 3740; RCivC 1903, § 1436; RC 1919, § 1060; SDC 1939, § 38.0412.
S.D. Codified Laws § 43-41C-2 — SD Code / Title 43 / Chapter 41C / Section 43-41C-2
Publication of notice of abandoned property held by a museum or historical society
Status: in_force

The museum or society shall publish a notice as a display advertisement entitled "Notice of Abandoned Property Held by a Museum or Historical Society" at least once each week for two successive weeks. The notice shall be published in a legal newspaper of general circulation of any county in this state in which is located the last known address of any owner of property named in the notice. If no address is listed or if the address is outside this state, the notice shall be published in the county in which the holder of the abandoned property has his principal place of business within the state.

Source: SL 1993, ch 328, § 2.
S.D. Codified Laws § 43-23-8 — SD Code / Title 43 / Chapter 23 / Section 43-23-8
Judgment for construction or repair of partition fence is lien upon land of delinquent owner
Status: in_force

The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereon except taxes.

Source: SL 1909, ch 197, § 4; RC 1919, § 10534; SDC 1939, § 19.0104.
S.D. Codified Laws § 43-41B-24.1 — SD Code / Title 43 / Chapter 41B / Section 43-41B-24.1
Unclaimed property operating fund--Continuous appropriation--Purpose--Informational budget
Status: in_force

Money in the unclaimed property operating fund for the payment of claims and costs incurred in examining records of holders of property and in collecting the property from those holders is continuously appropriated. Expenditures for claims and costs incurred in examining records of holders of property and in collecting the property from those holders must be paid upon warrants drawn by the state auditor pursuant to vouchers authorized by the state treasurer. All moneys paid out by the state treasurer for claims and costs incurred in examining records of holders of property and in collecting the property from those holders under chapter 43-41B must be set forth in an informational budget as described in § 4-7-7.2 and be annually reviewed by the Legislature.

Source: SL 1993, ch 327, §§ 2, 3; SL 2012, ch 210, § 1; SL 2024, ch 180, § 2; SL 2025, ch 184, § 2.
S.D. Codified Laws § 43-39-3 — SD Code / Title 43 / Chapter 39 / Section 43-39-3
Involuntary deposit, making of--Duty of involuntary depository
Status: in_force

An involuntary deposit is made:

(1) By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or

(2) In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.

The person with whom a thing is so deposited is bound to take charge of it, if able to do so.

Source: CivC 1877, §§ 1035, 1036; CL 1887, §§ 3659, 3660; RCivC 1903, §§ 1354, 1355; RC 1919, §§ 971, 972; SDC 1939, § 60.0101 (2).
S.D. Codified Laws § 43-35-3 — SD Code / Title 43 / Chapter 35 / Section 43-35-3
Passing of title to personal property sold or exchanged--Exception
Status: in_force

The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not, except as may be otherwise provided in chapter 57A-2 .

Source: CivC 1877, § 636; CL 1887, § 3257; RCivC 1903, § 950; RC 1919, § 558; SDC 1939, § 51.1503.
S.D. Codified Laws § 43-41B-27 — SD Code / Title 43 / Chapter 41B / Section 43-41B-27
Action to establish claim
Status: in_force

A person aggrieved by a decision of the administrator or whose claim has not been acted upon within ninety days after its filing may bring an action to establish the claim in the circuit court, naming the administrator as a defendant. The action must be brought within ninety days after the decision of the administrator or within one hundred eighty days after the filing of the claim if he has failed to act on it. The action shall be trial de novo without a jury.

Source: SL 1992, ch 312, § 26.
S.D. Codified Laws § 43-11-31 — SD Code / Title 43 / Chapter 11 / Section 43-11-31
Power as a lien upon real property
Status: in_force

A power is a lien upon the real property which it embraces from the time the instrument in which it is contained takes effect; except that against creditors, purchasers, and encumbrancers, in good faith and without notice, from any person having an estate in such real property, the power is a lien only from the time the instrument in which it is contained is duly recorded.

Source: CivC 1877, § 312; CL 1887, § 2828; RCivC 1903, § 335; RC 1919, § 404; SDC 1939, § 59.0417.
S.D. Codified Laws § 43-5-8 — SD Code / Title 43 / Chapter 5 / Section 43-5-8
Rule against perpetuities not in force
Status: in_force

The common - law rule against perpetuities is not in force in this state.

Source: SL 1983, ch 304, § 4.
S.D. Codified Laws § 43-30-15 — SD Code / Title 43 / Chapter 30 / Section 43-30-15
Existing statutes of limitations and recording statutes not affected by chapter
Status: in_force

Nothing contained in this chapter shall be construed to extend the period for bringing any action or doing any act required under any existing statute of limitations, nor to affect the operation of any existing acts governing the effect of the recording or the failure to record any instrument affecting lands.

Source: SL 1947, ch 233, § 8; SL 1951, ch 256, § 8; SDC Supp 1960, § 51.16B08.