S.D. Codified Laws § 44-11-5 — SD Code / Title 44 / Chapter 11 / Section 44-11-5
Lodging establishment's lien on baggage of guest--Maximum amount
Status: in_force

The keeper of any lodging establishment as defined in chapter 34-18 shall have a lien, dependent upon possession, upon the baggage and other property within such lodging establishment and belonging to a guest, as security for the payment of the reasonable and proper charges due from such guest for room, board, storage, and moneys advanced to or paid out for such guest at his request, not exceeding in all the sum of five hundred dollars.

Source: CivC 1877, § 1062; CL 1887, § 3686; RCivC 1903, § 1381; SL 1913, ch 237, § 5; RC 1919, § 1002; SL 1935, ch 173, § 12; SDC 1939, §§ 39.1505, 39.1506; SL 1971, ch 249.
S.D. Codified Laws § 44-3-3 — SD Code / Title 44 / Chapter 3 / Section 44-3-3
Redemption from lien--Manner of making--Performance of condition--Payment of damages for delay
Status: in_force

Redemption from a lien is made by performing or offering to perform the act for the performance of which it is a security and paying or offering to pay the damages, if any, to which the holder of the lien is entitled for delay.

Source: CivC 1877, § 1716; CL 1887, § 4340; RCivC 1903, § 2036; RC 1919, § 1541; SDC 1939, § 39.0116.
S.D. Codified Laws § 44-9-11 — SD Code / Title 44 / Chapter 9 / Section 44-9-11
Lien account and notice of claim--Service on owner of property--Copy furnished to contractor--Assent of contractor to claim--Payment by owner--Deduction from amount due contractor
Status: in_force

Whenever any such account and notice is served upon the owner of the property or his duly authorized agent or representative, he shall furnish his contractor with a copy of the same, and if such contractor shall not within fifteen days after the receipt of such account and notice give the owner, his agent, or representative, written notice that he intends to dispute the claim, he shall be considered as assenting thereto and such owner may pay the same to the claimant when it becomes due and deduct the amount out of any moneys due such contractor, who may in like manner deduct such amount from any moneys due from him to his subcontractor or the claimant.

Source: SL 1879, ch 41, § 3; CL 1887, § 2041; RPolC 1903, § 2575; SL 1909, ch 51, § 3; SL 1913, ch 263, § 6; SL 1915, ch 243, § 3; RC 1919, §§ 1633, 1648; SDC 1939, § 39.0703.
S.D. Codified Laws § 44-8-20 — SD Code / Title 44 / Chapter 8 / Section 44-8-20
Deficiency in amount of purchase money mortgage given after June 30, 1933--Nonexistent after foreclosure of mortgage
Status: in_force

No claim for any deficiency in the amount secured by any real estate mortgage given after June 30, 1933, to secure all or any part of the purchase price of such real estate shall exist after the foreclosure of such mortgage by action or advertisement, but such foreclosure shall be a full satisfaction of such mortgage and no deficiency judgment shall thereafter exist or be rendered.

Source: SL 1933, ch 138, §§ 1, 2; SL 1935, ch 150, §§ 1, 2; SDC 1939, § 39.0308.
S.D. Codified Laws § 44-2-6 — SD Code / Title 44 / Chapter 2 / Section 44-2-6
Lien statement covering personal property--Certified copies of filed statement, filing in other counties, effect, indexing
Status: in_force

Certified copies of the lien statement as filed may be filed in any other county of the state with same effect as certified copies of chattel mortgages are filed and shall be filed and indexed accordingly.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-9-47 — SD Code / Title 44 / Chapter 9 / Section 44-9-47
Judgment and sale to satisfy all liens--Necessity for report to and confirmation by court
Status: in_force

No sale shall be deemed complete until reported to and confirmed by the court.

Source: SL 1913, ch 263, § 14; RC 1919, § 1656; SDC 1939, § 39.0720.
S.D. Codified Laws § 44-3-2 — SD Code / Title 44 / Chapter 3 / Section 44-3-2
Marshaling securities among lien holders--Several things within the same class and subject to same number of liens--Property to which resort may be had
Status: in_force

When several things are within one of the classes described by § 44-3-1 and subject to the same number of liens, resort must be had:

(1) To the things which had not been transferred since the prior lien was created;

(2) To the things which have been so transferred without a valuable consideration; and

(3) To the things which have been so transferred for a valuable consideration.

Source: CivC 1877, § 1713, subdiv 4; CL 1887, § 4337, subdiv 4; RCivC 1903, § 2033, subdiv 4; RC 1919, § 1538 (4); SDC 1939, § 39.0114 (4).
S.D. Codified Laws § 44-9-28 — SD Code / Title 44 / Chapter 9 / Section 44-9-28
Notice of pendency of action to enforce lien--Necessity for filing--Intervention of other lien claimants
Status: in_force

At the beginning of the action the plaintiff shall file for record with the register of deeds of the county in which the action is pending and of the several counties into which the utility extends, if the lien is claimed under subdivision § 44-9-1(2), a notice of the pendency thereof. After such filing no other action shall be commenced for the enforcement of any lien arising from the improvement described, but all such lien claimants shall intervene in the original action by answer as provided in § 44-9-25 .

Source: SL 1913, ch 263, § 11; SL 1917, ch 295, § 4; RC 1919, § 1653; SDC 1939, § 39.0714.
S.D. Codified Laws § 44-15-7 — SD Code / Title 44 / Chapter 15 / Section 44-15-7
Federal violation
Status: in_force

No sale may be made pursuant to §§ 44-15-1 to 44-15-7 , inclusive, if the sale would be in violation of any right of a customer under federal patent or copyright law.

Source: SL 1998, ch 267, § 7.
S.D. Codified Laws § 44-8-34 — SD Code / Title 44 / Chapter 8 / Section 44-8-34
Recording certificate of release in multiple counties
Status: in_force

If the mortgage is recorded in more than one county and a certificate of release is recorded in one of them, a certified copy of the certificate of release may be recorded in another county with the same effect as the original. In all cases, the certificate of release shall be recorded and indexed as satisfactions of mortgage are recorded and indexed pursuant to § 44-8-14 .

Source: SL 1997, ch 251, § 6.
S.D. Codified Laws § 44-14-4 — SD Code / Title 44 / Chapter 14 / Section 44-14-4
Residence in facility prohibited
Status: in_force

No occupant may use a self - service storage facility for residential purposes.

Source: SL 1997, ch 249, § 4.
S.D. Codified Laws § 44-12-9 — SD Code / Title 44 / Chapter 12 / Section 44-12-9
Examination of hospital records by persons liable for lien
Status: in_force

Any person, firm, or corporation legally liable for such lien or against whom a claim shall be asserted for compensation for such injury, shall be permitted after waiver or expiration of any privilege granted the injured party under the provisions of § 19-2-3 or any other statute, to examine the records of any such hospital in reference to such treatment, care and maintenance of such injured person, with respect to the injuries arising out of said accident.

Source: SL 1964, ch 112, § 4.
S.D. Codified Laws § 44-2-2 — SD Code / Title 44 / Chapter 2 / Section 44-2-2
Purchase price of real property--Mortgage given for at time of conveyance--Vendor's lien--Priority over other liens--Operation of recording laws
Status: in_force

A mortgage given for the price of real property at the time of its conveyance and the vendor's lien for unpaid purchase price of real property have priority over all other liens created against the purchaser subject to the operation of the recording law.

Source: CivC 1877, § 1712; CL 1887, § 4336; RCivC 1903, § 2032; RC 1919, § 1537; SDC 1939, § 39.0113.
S.D. Codified Laws § 44-2-7 — SD Code / Title 44 / Chapter 2 / Section 44-2-7
Lien statement covering personal property--Assignment and satisfaction of record
Status: in_force

Such liens may be assigned and satisfied of record the same as chattel mortgages.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-11-9 — SD Code / Title 44 / Chapter 11 / Section 44-11-9
Carriage of personal property--Special lien dependent on possession
Status: in_force

Every person who, while lawfully in possession of personal property renders any service to the owner by carriage thereof, has a special lien thereon dependent on possession for the compensation due to him from the owner for such service.

Source: CivC 1877, § 1806; CL 1887, § 4441; RCivC 1903, § 2153; RC 1919, § 1694; SDC 1939, § 39.1501.
S.D. Codified Laws § 44-9-31 — SD Code / Title 44 / Chapter 9 / Section 44-9-31
Pleadings in action to foreclose lien--Bill of particulars to be attached, verification--Further account may be required by court--Pleading stricken and claim disallowed for failure to file particulars
Status: in_force

Each lien holder shall attach to and file with his complaint or answer a bill of the items of his claim, verified by the oath of some person having knowledge thereof, and shall file such further and more particular account, as the court may at any time direct. Upon his failure to file such original or further bill, his pleading shall be stricken out and his claim disallowed.

Source: SL 1913, ch 263, § 12; RC 1919, § 1654; SDC 1939, § 39.0716.
S.D. Codified Laws § 44-3-4 — SD Code / Title 44 / Chapter 3 / Section 44-3-4
Right to redeem from lien--Time for redemption
Status: in_force

Every person having an interest in property subject to a lien has a right to redeem it from a lien at any time after the claim is due and before his right of redemption is foreclosed.

Source: CivC 1877, § 1714; CL 1887, § 4338; RCivC 1903, § 2034; RC 1919, § 1539; SDC 1939, § 39.0115.
S.D. Codified Laws § 44-9-50 — SD Code / Title 44 / Chapter 9 / Section 44-9-50
Notice of project commencement--Time of filing--Fees--Register of deeds to maintain index
Status: in_force

Any owner or any person entering into a direct agreement with the owner, or the duly authorized agent or representative of the owner, may file with the register of deeds of the county in which the improved premises are situated a notice of project commencement. The notice of project commencement shall contain the following information:

(1) The name and address of the person filing the notice of project commencement;

(2) The name and address of the owner or developer;

(3) A general description of the improvement; and

(4) The location of the project, including the legal description of the property.

The notice shall be filed within thirty days of the commencement of work and shall be accompanied by a filing fee as provided in subdivision 7-9-15(3). The register of deeds in each county shall maintain an index of all notices of project commencements.

Source: SL 1999, ch 217, § 1; SL 2012, ch 51, § 5.
S.D. Codified Laws § 44-9-26 — SD Code / Title 44 / Chapter 9 / Section 44-9-26
Forfeiture of lien for failure to commence suit upon demand--Cancellation by register of deeds
Status: in_force

Upon written demand by the owner, the owner's agent, or contractor, served on any person holding a lien, requiring the person to commence suit to enforce the lien, the person shall commence suit within thirty days after such service or the lien is forfeited. The register of deeds shall cancel the lien of record, if the owner, the owner's agent, or contractor files no sooner than the fortieth day following service of the written demand:

(1) An affidavit stating that the person holding the lien has not commenced suit to enforce the lien within thirty days after the service of the written demand;

(2) A copy of the written demand that was served on the person holding the lien; and

(3) Proof of service on the person holding the lien.

Source: SL 1913, ch 263, § 11; SL 1917, ch 295, § 4; RC 1919, § 1653; SDC 1939, § 39.0713; SL 2007, ch 254, § 1.
S.D. Codified Laws § 44-9-6.1 — SD Code / Title 44 / Chapter 9 / Section 44-9-6.1
Interest on amounts secured by liens
Status: in_force

The interest payable on amounts secured by mechanics' or materialmen's liens shall be at the maximum interest rate allowed in § 54-3-5.1 .

Source: SL 1979, ch 294, § 2; SL 1982, ch 28, § 14.
S.D. Codified Laws § 44-1-11 — SD Code / Title 44 / Chapter 1 / Section 44-1-11
Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception
Status: in_force

One who holds property by virtue of a lien thereon is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, except to the same extent as a borrower under §§ 43-37-11 and 43-37-12 .

Source: CivC 1877, § 1710; CL 1887, § 4334; RCivC 1903, § 2030; RC 1919, § 1535; SDC 1939, § 39.0111.
S.D. Codified Laws § 44-10-11 — SD Code / Title 44 / Chapter 10 / Section 44-10-11
Debtor's misrepresentation of value of pledge
Status: in_force

Where a debtor has obtained credit or an extension of time by a fraudulent representation of the value of the property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may foreclose the pledge and recover his debt immediately though it be not actually due.

Source: CivC 1877, § 1770; CL 1887, § 4405; RCivC 1903, § 2117; RC 1919, § 1618; SDC 1939, § 39.0510.
S.D. Codified Laws § 44-9-49 — SD Code / Title 44 / Chapter 9 / Section 44-9-49
Failure to comply with chapter does not affect right of person to recover, in civil action, from party with whom he contracted
Status: in_force

No failure to comply with any of the provisions of this chapter shall affect the right of any person to recover, in an ordinary civil action, from the party with whom he has contracted.

Source: SL 1913, ch 263, § 12; RC 1919, § 1654; SDC 1939, § 39.0716.
S.D. Codified Laws § 44-4-6 — SD Code / Title 44 / Chapter 4 / Section 44-4-6
Hearing on application for release of property from lien by undertaking--Exception to sufficiency of surety--Justification of sureties--Dismissal of application upon failure of sureties to justify
Status: in_force

At the time and place specified in the notice for the hearing, the lien claimant or his agent or attorney may except to the sufficiency of the surety, and thereupon the sureties may justify before the officer named in the original notice. If the sureties, or others substituted, fail to justify within ten days from the date named for the hearing, said application shall be dismissed.

Source: SL 1966, ch 124, § 4; SL 1988, ch 27, § 12.
S.D. Codified Laws § 44-9-13 — SD Code / Title 44 / Chapter 9 / Section 44-9-13
Theft by contractor, subcontractor, or supplier--Penalty
Status: in_force

Any contractor, subcontractor, or supplier on any improvement of real estate within the purview of this chapter who, having received or been entrusted with the property of another for the purpose of improvement of real estate, and with the intent to defraud, appropriates that property for any purpose other than the payment for labor, skill, or materials for improvement of the real estate for which it was received, is guilty of theft. Any person guilty of theft pursuant to this section is subject to the penalties under § 22-30A-17 .

Source: SL 1917, ch 296; RC 1919, § 1658; SDC 1939, § 39.9901; SL 1981, ch 177, § 1; SL 1983, ch 307; SL 2026, ch 180, § 1.
S.D. Codified Laws § 44-8-32 — SD Code / Title 44 / Chapter 8 / Section 44-8-32
Execution and acknowledgment of certificate of release--Appointment of agent
Status: in_force

A certificate of release authorized by § 44-8-30 shall be executed and acknowledged as required by law in the case of a deed pursuant to § 43-25-5 and may be executed by a duly appointed agent of a title insurance company, but such delegation to an agent by a title insurance company does not relieve the title insurance company of any liability for damages caused by its agent for the wrongful or erroneous execution of a certificate of release. The appointment of agent shall be executed and acknowledged as required by law in the case of a deed pursuant to § 43-25-5 and shall state:

(1) Title insurance company as the grantor;

(2) The identity of the person, partnership, or corporation authorized to act as agent to execute and record certificates of release provided for in §§ 44-8-30 to 44-8-35 , inclusive, on behalf of the title insurance company;

(3) That the agent has the full authority to execute and record certificates of release provided for in §§ 44-8-30 to 44-8-35 , inclusive, on behalf of the title insurance company;

(4) The term of appointment of the agent; and

(5) That the agent has consented to and accepts the terms of the appointment.

A single appointment of agent may be recorded in each county in the register of deed's office. A separate appointment of agent is not necessary for each certificate of release. The appointment of agent shall be shown on each certificate of release. The appointment of agent may be rerecorded if necessary to establish authority of the agent, but such authority continues until a revocation of appointment is recorded in the office of the county register of deeds where the appointment of agent was recorded.

Source: SL 1997, ch 251, § 4.
S.D. Codified Laws § 44-8-29 — SD Code / Title 44 / Chapter 8 / Section 44-8-29
Definition of terms
Status: in_force

Terms used in §§ 44-8-30 to 44-8-35 , inclusive, mean:

(1) "Mortgage," a mortgage or mortgage lien on an interest in real property in this state given to secure a loan;

(2) "Mortgagee," the grantee of a mortgage or, if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record;

(3) "Mortgage servicer," the last person to whom a mortgagor or the mortgagor's successor in the interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage servicer for the mortgage described in the payment statement;

(4) "Mortgagor," the grantor of a mortgage;

(5) "Payoff statement," a statement of the amount of the unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges properly due under or secured by the mortgage; and interest on a per day basis for the unpaid balance;

(6) "Record," to record with the county register of deeds;

(7) "Title insurance company," any corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 58-25 .

Source: SL 1997, ch 251, § 1.
S.D. Codified Laws § 44-9-35 — SD Code / Title 44 / Chapter 9 / Section 44-9-35
Foreclosure of liens involving public utility--Receivership created instead of directing sale of property
Status: in_force

In all cases of liens arising under the provisions of subdivision § 44-9-1(2) a receivership may be created in the first instance instead of directing a sale of the property.

Source: SL 1913, ch 263, § 15; RC 1919, § 1657; SDC 1939, § 39.0717.
S.D. Codified Laws § 44-9-37 — SD Code / Title 44 / Chapter 9 / Section 44-9-37
Compensation of receiver fixed by court
Status: in_force

The compensation of the receiver shall be fixed at a reasonable daily rate by order of the court for each day that the receiver is actually engaged in the performance of his duties.

Source: SL 1909, ch 51, § 8; SL 1915, ch 243, § 8; RC 1919, § 1638; SDC 1939, § 39.0717; SL 1979, ch 294, § 1.
S.D. Codified Laws § 44-15-4 — SD Code / Title 44 / Chapter 15 / Section 44-15-4
Customer response--Manufacturer liability
Status: in_force

If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within ninety days following the date the notice was sent, or does not make other contractual arrangements with the manufacturer for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer to the manufacturer. The manufacturer may then destroy or otherwise dispose of the particular die, mold, form, or pattern as the manufacturer's own property without any liability to the customer.

This section may not be construed in any manner to affect any right of the customer under federal patent or copyright law or federal law pertaining to unfair competition.

Source: SL 1998, ch 267, § 4.
S.D. Codified Laws § 44-1-12 — SD Code / Title 44 / Chapter 1 / Section 44-1-12
Destruction, disposal, or removal of personal property subject to security interest as felony
Status: in_force

Any mortgagor or grantor of a security interest or other lien of personal property who, while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied, willfully destroys, conceals, sells, or in any manner disposes of or materially injures any part of the property covered by such mortgage, conditional sales agreement, or security agreement without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, or who willfully abandons the property covered by such mortgage, conditional sales agreement, or security agreement without first giving written notice to such secured party of his intention to abandon such property, or who removes any part of the property covered by such mortgage, conditional sales agreement, or security agreement from the county in which such mortgage, conditional sales agreement, or security agreement is filed except temporarily in accordance with the usual and customary use of the same or similar kinds of property while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, is guilty of a Class 6 felony.

Source: PenC 1877, § 579; CL 1887, § 6933; RPenC 1903, § 767; RC 1919, § 4380; SL 1925, ch 110; SL 1927, ch 68; SDC 1939, § 13.4402; SL 1972, ch 235; SL 1983, ch 306.
S.D. Codified Laws § 44-12-3.1 — SD Code / Title 44 / Chapter 12 / Section 44-12-3.1
Hospital to submit reasonable and necessary charges to third-party payor of healthcare benefits
Status: in_force

If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4 , submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.

If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.

Source: SL 2019, ch 195, § 1.
S.D. Codified Laws § 44-8-33 — SD Code / Title 44 / Chapter 8 / Section 44-8-33
Certificate of release prima facie evidence--Recording
Status: in_force

For purposes of releasing a mortgage, a certificate of release containing the information and statements provided for in § 44-8-31 and executed as provided in §§ 44-8-30 to 44-8-35 , inclusive, is prima facie evidence of the facts contained in it, shall be recorded with the county register of deeds, and operates as a release of the mortgage described in the certificate of release. The county register of deeds shall rely upon the certificate of release to release the mortgage. Recording of a wrongful or erroneous certificate of release by a title insurance company or its agent does not relieve the mortgagor, or the mortgagor's successors or assigns, from any personal liability on the loan or other obligations secured by the mortgage. In addition to any other remedy provided by law, a title insurance company wrongfully or erroneously recording a certificate of release under §§ 44-8-30 to 44-8-35 , inclusive, is liable to the mortgagee for damages sustained due to the recordings of the certificate of release, including reasonable attorney fees.

Source: SL 1997, ch 251, § 5.
S.D. Codified Laws § 44-9-4 — SD Code / Title 44 / Chapter 9 / Section 44-9-4
Improvement not authorized by owner of land--Notice of nonliability
Status: in_force

Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.

Source: SL 1913, ch 263, § 5; RC 1919, § 1647; SDC 1939, § 39.0706.
S.D. Codified Laws § 44-9A-1 — SD Code / Title 44 / Chapter 9A / Section 44-9A-1
Liens subject to waiver under chapter
Status: in_force

Liens for materials, supplies, equipment, and services furnished under construction contracts to contractors or subcontractors and arising under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be expressly waived as provided in this chapter in addition to all other means presently existing under law by which such liens may be waived.

Source: SL 1971, ch 250, § 1.
S.D. Codified Laws § 44-5-1 — SD Code / Title 44 / Chapter 5 / Section 44-5-1
Lien extinguishable as accessory obligation
Status: in_force

A lien is to be deemed accessory to the act for the performance of which it is security, whether any person is bound for such performance or not and is extinguishable as any accessory obligation.

Source: CivC 1877, § 1717; CL 1887, § 4341; RCivC 1903, § 2037; RC 1919, § 1542; SDC 1939, § 39.0119.
S.D. Codified Laws § 44-14-6 — SD Code / Title 44 / Chapter 14 / Section 44-14-6
Applicable rental agreements
Status: in_force

This chapter is effective July 1, 2022, and applies to all rental agreements entered into, or extended, or renewed after that date.

Source: SL 1997, ch 249, § 6; SL 2022, ch 165, § 4.
S.D. Codified Laws § 44-8-19 — SD Code / Title 44 / Chapter 8 / Section 44-8-19
Bond to redeem without paying insurance, taxes or prior liens--Action on bond to determine validity
Status: in_force

In case any mortgagor, redemptioner, or judgment debtor, shall object to the payment of any such insurance premium, taxes, or prior liens on account of the incorrectness or invalidity thereof, he may file with the sheriff an indemnity bond, in an amount and with sureties to be approved by the sheriff, and thereupon the sheriff must permit redemption to be made without the payment of such insurance premiums, taxes, or prior liens so excepted to, and the purchaser may determine the correctness or validity thereof and collect the same by an action directly upon such bond, which action must be brought within one year next following such redemption.

Source: SL 1913, ch 274, § 2; RC 1919, § 2889; SDC 1939 & Supp 1960, § 37.3009; SL 1974, ch 55, § 44.
S.D. Codified Laws § 44-8-10 — SD Code / Title 44 / Chapter 8 / Section 44-8-10
Record of mortgage--Notice to subsequent purchasers and encumbrancers
Status: in_force

The record of a mortgage, duly made, operates as notice to all subsequent purchasers and encumbrancers.

Source: CivC 1877, § 1739; CL 1887, § 4369; RCivC 1903, § 2069; RC 1919, § 1573; SDC 1939, § 39.0305.
S.D. Codified Laws § 44-8-15 — SD Code / Title 44 / Chapter 8 / Section 44-8-15
Mortgages affecting real property--Defective assignments or discharges recorded prior to July 1, 1939, legalized--Rights or purchasers or encumbrancers protected--Use as evidence--Rights barred by no action
Status: in_force

The record of any assignment or discharge of mortgage affecting real property, which was otherwise entitled to be recorded, and which, prior to January 1, 1992, was copied into the proper book of records kept in the office of any register of deeds, and which has been properly indexed against the real property affected by such instrument, shall be deemed to impart sufficient notice of such instrument and its contents to subsequent purchasers and encumbrancers, notwithstanding that the description of the real property affected by such instrument shall have been omitted therefrom; but nothing herein contained shall affect the rights of purchasers or encumbrancers prior to July 1, 1939.

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

Source: SL 1920 (SS), ch 69; SDC 1939, §§ 39.0302, 65.0303; SL 1992, ch 307, § 57.
S.D. Codified Laws § 44-8-13 — SD Code / Title 44 / Chapter 8 / Section 44-8-13
Assignment of mortgage on real property--Recording--Acknowledgment or proof--Contents--Record as notice
Status: in_force

An assignment of a mortgage on real property may be recorded in like manner as a mortgage when it is acknowledged or proved according to the statutes relating to proof of instruments for record and contains the name of the mortgagor, the mortgagee, the assignee and the assignee's post-office address, the date of the mortgage, the date, county, state, book, and page of record of the mortgage and full description of the premises as described in the mortgage. This record serves as notice to all parties in interest or parties subsequently dealing with the property. No more than one assignment may be listed on the instrument.

Source: CivC 1877, § 1735, subdiv 1; CL 1887, § 4360; RCivC 1903, § 2056; SL 1907, ch 190; RC 1919, § 1560; SDC 1939, § 39.0212; SL 1983, ch 305, § 3; SL 2012, ch 51, § 4.
S.D. Codified Laws § 44-8-31 — SD Code / Title 44 / Chapter 8 / Section 44-8-31
Requirements of certificate of release
Status: in_force

A certificate of release executed under §§ 44-8-30 to 44-8-35 , inclusive, shall contain substantially all of the following:

(1) The name of the mortgagor; the name of the original mortgagee; if applicable, the mortgage servicer; the date of the mortgage; the date of recording; and the volume and page or document number in the real property records where the mortgage is recorded; together with similar information for the last recorded assignment of the mortgage;

(2) A statement that the mortgage was in the original principal amount of five hundred thousand dollars or less;

(3) A statement that the person executing the certificate of release is an officer or a duly appointed agent of a title insurance company authorized and licensed to transact the business of insuring titles to interests in real property in this state under chapter 58-25 ;

(4) A statement that the certificate of release is made on behalf of the mortgagor or a person who acquired title from the mortgagor to all or a part of the property described in the mortgage;

(5) A statement that the mortgagee or mortgage servicer provided a payoff statement that was used to make payment in full of the unpaid balance of the loan secured by the mortgage; and

(6) A statement that payment in full of the unpaid balance of the loan secured by the mortgage was made in accordance with the written or verbal payoff statement, and received by the mortgagee or mortgage servicer, as evidenced by one or more of the following in the records of the title insurance company or its agent: a bank check, certified check, escrow account check from the title company or title insurance agent, or attorney trust account check that has been negotiated by the mortgagee or mortgage servicer, or other documentary evidence of payment to the mortgage or mortgage servicer.

Source: SL 1997, ch 251, § 3; SL 2002, ch 201, § 2.
S.D. Codified Laws § 44-10-9 — SD Code / Title 44 / Chapter 10 / Section 44-10-9
Increase of property pledged--Covered by pledge lien
Status: in_force

The increase of property pledged is pledged with the property.

Source: CivC 1877, § 1760; CL 1887, § 4395; RCivC 1903, § 2107; RC 1919, § 1608; SDC 1939, § 39.0503.
S.D. Codified Laws § 44-6-2 — SD Code / Title 44 / Chapter 6 / Section 44-6-2
Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid
Status: in_force

One who pays to the owner any part of the price of real property under an agreement for the purchase thereof has a special or vendee's lien upon the property independent of possession for such part of the amount paid as he may be entitled to recover back in case of failure of consideration.

Source: CivC 1877, § 1805; CL 1887, § 4440; RCivC 1903, § 2152; RC 1919, § 1693; SDC 1939, § 39.0601.
S.D. Codified Laws § 44-1-1 — SD Code / Title 44 / Chapter 1 / Section 44-1-1
Lien defined
Status: in_force

A lien is a charge imposed upon specific property by which it is made security for the performance of an act.

Source: CivC 1877, § 1697; CL 1887, § 4321; RCivC 1903, § 2017; RC 1919, § 1522; SDC 1939, § 39.0102.
S.D. Codified Laws § 44-9-45 — SD Code / Title 44 / Chapter 9 / Section 44-9-45
Judgment of sale to satisfy all liens--Right of redemption--Leasehold having not more than two years to run--Interest of vendee under executory contract of sale
Status: in_force

If the estate sold be a leasehold having not more than two years to run, or be the interest of a vendee under an executory contract of sale the conditions whereof are to be performed within the same period, no redemption shall be allowed; in all other cases the right of redemption shall be the same as upon execution sales.

Source: SL 1913, ch 263, § 14; RC 1919, § 1656; SDC 1939, § 39.0720.
S.D. Codified Laws § 44-1-13 — SD Code / Title 44 / Chapter 1 / Section 44-1-13
Priority of lien securing future advances
Status: in_force

A lien document containing a written provision securing the repayment of future advances, whether or not the lien creditor is obligated to make such future advances, has priority over all subsequent encumbrancers to the extent of all sums advanced, with interest thereon, with the same effect as if the entire sum had been advanced at the time of the creation of the lien.

Source: SL 1985, ch 339.
S.D. Codified Laws § 44-6-5 — SD Code / Title 44 / Chapter 6 / Section 44-6-5
Lien on personal property for purchase price--Enforcement
Status: in_force

One who sells personal property has a special lien thereon, dependent on possession for its price, if it is in his possession when the price becomes payable and may enforce his lien in like manner as if the property was pledged to him for the price.

Source: CivC 1877, § 1804; CL 1887, § 4439; RCivC 1903, § 2151; RC 1919, § 1692; SDC 1939, § 39.0603.
S.D. Codified Laws § 44-1-9 — SD Code / Title 44 / Chapter 1 / Section 44-1-9
Obligation to perform not implied from lien
Status: in_force

The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is security.

Source: CivC 1877, § 1708; CL 1887, § 4332; RCivC 1903, § 2028; RC 1919, § 1533; SDC 1939, § 39.0109.
S.D. Codified Laws § 44-11-6 — SD Code / Title 44 / Chapter 11 / Section 44-11-6
Detention of property of guest by innkeepers until charges paid--Priority over other liens on property
Status: in_force

The innkeeper may detain the property specified in § 44-11-5 until the charges are paid. The lien shall have priority over all other liens upon such property.

Source: CivC 1877, § 1062; CL 1887, § 3686; RCivC 1903, § 1381; SL 1913, ch 237, § 5; RC 1919, § 1002; SL 1935, ch 173, § 12; SDC 1939, § 39.1506.
S.D. Codified Laws § 44-8-1.1 — SD Code / Title 44 / Chapter 8 / Section 44-8-1.1
Real property interests subject to mortgage
Status: in_force

Any interest in real property which is capable of being transferred may be mortgaged.

Source: CivC 1877, § 1727, subdiv 1; CL 1887, § 4351, subdiv 1; RCivC 1903, § 2047, subdiv 1; RC 1919, § 1551 (1); SDC 1939, § 39.0207 (1); repealed SL 1966, ch 150, § 10-102; re - enacted SL 1970, ch 251.
S.D. Codified Laws § 44-11-7 — SD Code / Title 44 / Chapter 11 / Section 44-11-7
Foreclosure of innkeepers' liens by action or advertisement
Status: in_force

Any person having a lien under the provisions of § 44-11-5 may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53 .

Source: SL 1913, ch 237, § 6; RC 1919, § 1003; SDC 1939, § 39.1507.
S.D. Codified Laws § 44-4-2 — SD Code / Title 44 / Chapter 4 / Section 44-4-2
Affidavit by interested person or agent to release property from lien by undertaking--Filing with custodian of lien record--Contents
Status: in_force

The owner of the property to be released by undertaking, or a person substantially affected thereby or having a substantial interest in the lien to be released, shall cause to be filed with the officer having control or custody of the record of the lien, his affidavit, or the affidavit of his agent or attorney, describing the property, lien, and his interest in said property and stating that the owner or interested party desires a discharge of the lien from the records.

Source: SL 1966, ch 124, § 2.
S.D. Codified Laws § 44-14-1 — SD Code / Title 44 / Chapter 14 / Section 44-14-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Default," any failure of an occupant to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under this chapter;

(2) "Last known address," that postal or e-mail address provided by the occupant in the latest rental agreement or the postal or e-mail address provided by the occupant in a subsequent written notice of a change of address;

(3) "Occupant," a person who rents storage space at a self-service storage facility under a rental agreement, or a sublessee, successor, or assignee;

(4) "Owner," any person who owns, leases, subleases, manages, or operates a self-service storage facility, or an owner's designee, who receives rent from an occupant under a rental agreement;

(5) "Personal property," movable property, including goods, merchandise, and household items stored in a self - service storage facility;

(6) "Property that has no commercial value," property offered for sale in a sale, conducted pursuant to this chapter, at the self-service storage facility, at the nearest suitable place to where the personal property is held or stored, or online, that receives no bid or offer;

(7) "Rental agreement," any written agreement or lease that establishes or modifies the terms, conditions, rules, or other provisions concerning the use and occupancy of a storage space at a self - service storage facility;

(8) "Self-service storage facility," any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property;

(9) "Storage space," an individual space at a self-service storage facility that is rented or leased by an occupant under a rental agreement.

Source: SL 1997, ch 249, § 1; SL 2022, ch 165, § 1.
S.D. Codified Laws § 44-11-3 — SD Code / Title 44 / Chapter 11 / Section 44-11-3
Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions
Status: in_force

Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred twenty days after such surrender or loss of possession he gives notice of his lien by proper filing thereof in the office of the register of deeds in accordance with §§ 44-2-3 to 44-2-9 , inclusive, and such liens shall be valid against everyone except a purchaser or encumbrancer in good faith, without notice, and for value whose rights were acquired prior to the filing of such statement.

Source: SL 1925, ch 216, § 3; SL 1927, ch 160, § 3; SDC 1939, § 39.0803; SL 1969, ch 165.
S.D. Codified Laws § 44-9-20 — SD Code / Title 44 / Chapter 9 / Section 44-9-20
Claims against two or more buildings or improvements--Exception for condominiums--General contract with owner--Election of lien claimant
Status: in_force

Except as in the case of condominiums under the provisions of § 43-15A-29 , a lien holder who contributes to the erection, alteration, removal, or repair of two or more buildings or other improvements situated upon or removed to one lot, or upon or to adjoining lots, under or pursuant to the purposes of one general contract with the owner, may file one statement for his entire claim, embracing the whole area so improved. Alternatively, he may apportion his demand between or among the several improvements and shall assert a lien for a proportionate part upon each and upon the ground appurtenant to each respectively.

Source: SL 1913, ch 263, § 8; RC 1919, § 1650; SDC 1939, § 39.0709; SL 1984, ch 284, § 1.
S.D. Codified Laws § 44-7-8.2 — SD Code / Title 44 / Chapter 7 / Section 44-7-8.2
Fees for responding to request for information
Status: in_force

For responding to a request for information from the filing office, including communicating whether there is on file any lien, certificate, or notice affecting any lien filed under this chapter naming a particular debtor, the fee is as follows:

(1) Twenty dollars if the record is communicated in writing; and

(2) Fifteen dollars if the record is communicated by another method or medium authorized by filing office rule.

The secretary of state shall use the procedures set forth in § 57A-9-523 to respond to a request for information from the filing office.

Source: SL 2005, ch 236, § 8.
S.D. Codified Laws § 44-14-3 — SD Code / Title 44 / Chapter 14 / Section 44-14-3
Satisfaction of lien--Notice--Sale of property
Status: in_force

An owner's lien for a claim which has become due must be satisfied as follows:

(1) The occupant and the holder of any lien in the name of the occupant in this state is notified;

(2) The notice is delivered in person, sent by e-mail if provided in the rental agreement, or sent by regular first-class mail postage prepaid to the last known address of the occupant, lienholders, and any other person disclosed by the occupant in the rental agreement. A notice under this section is deemed delivered:

(a) If sent by first-class mail, when deposited with the United States Postal Service and properly addressed with postage prepaid; or

(b) If sent by e-mail, when sent to the occupant's last-known e-mail address;

(3) The notice includes:

(a) An itemized statement of the owner's claim showing the sum due at the time of the notice and the date when the sum became due;

(b) If known to the owner, a brief and general description of the personal property subject to the lien. The description shall be reasonably adequate to permit the person notified to identify it, except that any container including a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents;

(c) A notice of denial of access to the personal property, if such denial is permitted under the terms of the rental agreement, which provides the name, street address, and telephone number of the owner whom the occupant may contact to respond to this notice;

(d) A demand for payment within a specified time not less than fourteen days after delivery of the notice; and

(e) A conspicuous statement that unless the claim is paid within the time stated in the notice, the personal property will be advertised for sale or other disposition, and will be sold or otherwise disposed of at a specified time and place;

(4) After the expiration of the time given in the notice, an advertisement of the sale or other disposition is published once in a newspaper of general circulation where the self - service storage facility is located. The advertisement includes:

(a) A brief and general description of the personal property reasonably adequate to permit its identification as provided for in subdivision (3);

(b) The address of the self - service storage facility and the number, if any, of the space where the personal property is located and the name of the occupant; and

(c) The time, place, and manner of the sale or other disposition, not sooner than seven days after the publication;

(5) If there is no newspaper of general circulation where the self - service storage facility is located, in lieu of advertising as set forth in subdivision (4), the advertisement may be posted at least ten days before the date of the sale or other disposition in not less than six conspicuous places in the neighborhood where the self - service storage facility is located;

(6) Any sale or other disposition of the personal property conforms to the terms of the notification as provided for in this section;

(7) Any sale or other disposition of the personal property is held at the self - service storage facility, at the nearest suitable place to where the personal property is held or stored, or online. The owner may otherwise dispose of any property that has no commercial value;

(8) Before any sale or other disposition of personal property pursuant to this section, the occupant may pay the amount necessary to satisfy the lien, and the reasonable expenses incurred under this section, and thereby redeem the personal property. Upon receipt of such payment, the owner shall return the personal property, and thereafter the owner has no liability to any person with respect to such personal property;

(9) A purchaser in good faith of the personal property sold to satisfy a lien, as provided for in this chapter, takes the property free of any rights of any person, but subject to the rights of any prior lienholder unless the personal property is consumer goods as defined in § 57A-9-102 , despite noncompliance by the owner with the requirements of this section. For the purpose of this section, personal property for which ownership is evidenced by a certificate of title is not consumer goods;

(10) In the event of a sale under this section, the owner may, after satisfying all prior liens, satisfy the lien pursuant to this chapter from the proceeds of the sale, but shall hold the balance, if any, for delivery on demand to the occupant. If the occupant does not claim the balance of the proceeds within three years of the date of sale, the proceeds must be remitted to the Office of State Treasurer as unclaimed property pursuant to chapter 43-41B ;

(11) An owner acting in accordance with the provisions of this chapter may not be liable to the occupant, lienholder, or any other person unless otherwise agreed upon by all parties in the rental agreement;

(12) After the time specified in the notice given under this section expires, if the owner determines, based on the owner's previous experience, that the personal property subject to the lien created has a value of $300 or less, the owner may dispose of the property at the owner's sole discretion;

(13) If the personal property subject to a lien under § 44-14-2 is a titled motor vehicle, boat, trailer, snowmobile, or off-road vehicle, and rent or other charges under the rental agreement remain unpaid for sixty days, the personal property is considered abandoned. The owner shall dispose of the personal property using the process prescribed in §§ 32-36-8 to 32-36-11 , inclusive. The Department of Revenue shall provide the owner with the last known address of the record holder of title and any readily identifiable lien holders free of charge. An owner may not be held liable for damage incurred to an occupant’s motor vehicle, boat, or trailer after the owner relinquishes possession of the personal property and the personal property is removed from the self-service storage facility.

Source: SL 1997, ch 249, § 3; SL 2022, ch 165, § 3.
S.D. Codified Laws § 44-12-4 — SD Code / Title 44 / Chapter 12 / Section 44-12-4
Filing and notice of hospital lien--Contents of notice--Place and time of filing
Status: in_force

No such lien may be effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital, and the name of the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injuries received, is filed in the office of the register of deeds of the county in which the hospital is located, before the payment of any moneys to the injured party, the injured party's attorneys or legal representative, as compensation for the injury.

Source: SL 1964, ch 112, § 2; SL 1974, ch 55, § 45; SL 1994, ch 351, § 103.
S.D. Codified Laws § 44-5-4 — SD Code / Title 44 / Chapter 5 / Section 44-5-4
Act secured by lien--Partial performance does not extinguish lien
Status: in_force

The partial performance of an act secured by a lien does not extinguish the lien upon any part of the property, even if it is divisible.

Source: CivC 1877, § 1720; CL 1887, § 4344; RCivC 1903, § 2040; RC 1919, § 1545; SDC 1939, § 39.0122.
S.D. Codified Laws § 44-8-7 — SD Code / Title 44 / Chapter 8 / Section 44-8-7
Real estate mortgages--Prohibited provisions--Exception--Federal land bank mortgages
Status: in_force

The following contracts between a mortgagor and mortgagee of real estate are against public policy and unenforceable:

(1) In case of a mortgage upon the homestead of the mortgagor or adjacent property used in connection therewith and for the same purpose, any provision in such mortgage by which the mortgagor pledges, assigns, transfers, or agrees so to do, to the mortgagee or for his benefit, as payment of, or security for, the payment of any debt secured by such mortgage, either the right to the possession of the mortgaged premises prior to the expiration of the period of redemption or all or any part of the rental, crops, or proceeds to be received therefrom or produced thereon prior to the expiration of the period of redemption;

(2) Any agreement whereby the mortgagor agrees to pay the taxes of the mortgagee upon or account of the mortgage debt;

(3) Any agreement whereby the mortgagor waives any part of the exemptions of personal property allowed to him by law;

(4) Any agreement whereby the mortgagor consents to the appointment of a receiver to take possession of the mortgaged premises during foreclosure or the period of redemption. In foreclosure by action the court may appoint a receiver if authorized by law.

The provisions of this section shall not apply to, affect, or restrict any mortgage executed, pursuant to the terms of the South Dakota One Hundred Eighty Day Redemption Mortgage Act, to the government of the United States, the federal land bank, the federal land bank commissioner, or any agency or instrumentality of the United States government whose obligations are guaranteed in whole or in part by the United States government.

Source: SL 1935, ch 149; SDC 1939, § 39.0303; SL 1949, ch 143; SL 1977, ch 187, § 30.
S.D. Codified Laws § 44-13-2 — SD Code / Title 44 / Chapter 13 / Section 44-13-2
Notice of lien--Contents--Place of filing
Status: in_force

No lien as provided in § 44-13-1 shall be effective, however, unless a written notice containing the name and address of the person receiving such ambulance service, the date such service was rendered, and the name of person or persons alleged to be responsible for payment for such services shall be filed in the office of the register of deeds of the county in which the person receiving such services resides, and in the county of his legal residence or last residence if he is deceased.

Source: SL 1969, ch 29.
S.D. Codified Laws § 44-8-22 — SD Code / Title 44 / Chapter 8 / Section 44-8-22
Rights of payee of note given in payment of purchase price--Deficiency judgment prohibition inapplicable unless note secured by real estate mortgage
Status: in_force

Nothing contained in § 44-8-20 or 44-8-21 shall affect the rights of a payee or other owner of a note given in payment of all or part of the purchase price of real estate unless such note is secured by a real estate mortgage.

Source: SL 1933, ch 138, § 4; SL 1935, ch 150, § 4; SDC 1939, § 39.0308.
S.D. Codified Laws § 44-9-42 — SD Code / Title 44 / Chapter 9 / Section 44-9-42
Foreclosure of lien--Allowance of fees and expenses, attorneys, receivers, exception
Status: in_force

The court shall have authority in its discretion to allow such attorney's fees and receiver's fees and other expenses as to it may seem warranted and necessary according to the circumstances of each case, and except as otherwise specifically provided in this chapter.

Source: SDC 1939, § 39.0721.
S.D. Codified Laws § 44-2-8 — SD Code / Title 44 / Chapter 2 / Section 44-2-8
Effect of lien claim or statement--Constructive notice
Status: in_force

A lien claim or statement mailed and filed in accordance with the provisions of this chapter shall from the time of its filing give constructive notice of its contents and a certified copy of such claim or statement filed in any other county of the state shall likewise give constructive notice of its contents from the time of its filing.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-8-12 — SD Code / Title 44 / Chapter 8 / Section 44-8-12
Defeasance, to effect grant absolute on its face, must be recorded
Status: in_force

When a grant of real property purports to be an absolute conveyance, but is intended to be defeasible on the performance of certain conditions, such grant is not defeated or affected as against any person other than the grantee, or his heirs, or devisees, or persons having actual notice, unless an instrument of defeasance, duly executed and acknowledged, shall have been recorded in the office of the register of deeds of the county where the property is situated.

Source: CivC 1877, § 1740; CL 1887, § 4371; RCivC 1903, § 2071; RC 1919, § 1575; SDC 1939, § 39.0307.
S.D. Codified Laws § 44-9-6 — SD Code / Title 44 / Chapter 9 / Section 44-9-6
Contribution under contract with owner--Agreed price--Extent of lien
Status: in_force

If the contribution be made under a contract with the owner and for an agreed price, the lien as against him shall be for the sum so agreed upon together with the cost of any additional material or work agreed upon, otherwise, and in all cases as against others than the owner, it shall be for the reasonable value of the work done, and of the skill, material, and machinery furnished.

Source: SL 1913, ch 263, § 2; RC 1919, § 1644; SL 1921, ch 280; SDC 1939, § 39.0702.
S.D. Codified Laws § 44-9-53 — SD Code / Title 44 / Chapter 9 / Section 44-9-53
Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption
Status: in_force

If the provisions of §§ 44-9-50 and 44-9-51 are first invoked, no sub - subcontractor or supplier to subcontractors is entitled to extend, pursuant to § 44-9-15 , a lien created pursuant to subdivision 44-9-1(1), unless the sub - subcontractor or supplier has first provided notice of furnishing labor or materials by certified or registered mail to the contractor identified in the notice of project commencement and has provided a copy of the notice to the owner of record. Notice pursuant to this section shall be made not later than sixty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, and the post office receipt for mailing such notice shall be attached to the lien and filed in the office of register of deeds. Such notice of furnishing labor or materials shall include:

(1) The name of the sub - subcontractor or supplier who claims payment;

(2) The name of the person with whom the claimant contracted or by whom the claimant was employed;

(3) A description of the labor, services, or materials furnished and the contract price or value thereof. Materials specifically fabricated by a person other than the one giving notice and contract price or value thereof shall be separately stated in the notice;

(4) A description of the project, sufficient for identification;

(5) The date when the first and last item of labor or materials was actually furnished or scheduled to be furnished; and

(6) The amount claimed to be due, if any.

Any person who gives notice in accordance with this section may extend a lien as provided in § 44-9-15 .

This section does not apply to claims of individual laborers when the amount of their lien is less than two thousand dollars.

Source: SL 1999, ch 217, § 4.
S.D. Codified Laws § 44-12-3 — SD Code / Title 44 / Chapter 12 / Section 44-12-3
Lien not applicable when event covered by Workers' Compensation Act
Status: in_force

The lien set forth in § 44-12-1 shall not be applied or considered valid against anyone coming under the Workers' Compensation Act in this state.

Source: SL 1964, ch 112, § 1.
S.D. Codified Laws § 44-9-9 — SD Code / Title 44 / Chapter 9 / Section 44-9-9
Concurrent liens upon mine or mining claim, oil or gas well or spring--Pro rata payment
Status: in_force

All liens, claims for labor performed, or services or materials furnished, as provided in subdivision 44-9-1(3), shall be concurrent liens upon the property charged and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold, or upon settlement without sale.

Source: SL 1879, ch 41, § 5; CL 1887, § 2043; RPolC 1903, § 2577; SL 1909, ch 51, § 5; SL 1915, ch 243, § 5; RC 1919, § 1635; SL 1919, ch 261; SDC 1939, § 39.0710.
S.D. Codified Laws § 44-8-23 — SD Code / Title 44 / Chapter 8 / Section 44-8-23
Executory contract remedies unaffected by deficiency judgment provisions
Status: in_force

Nothing contained in § 44-8-20 or 44-8-21 shall affect the liabilities of the parties to a contract for sale of real estate prior to the time such contract is merged into a mortgage note and mortgage, and judgment for foreclosure or for the amount due under said contract or any other customary judgment, may be rendered under such contract.

Source: SL 1933, ch 138, § 5; SL 1935, ch 150, § 5; SDC 1939, § 39.0308.
S.D. Codified Laws § 44-9-24 — SD Code / Title 44 / Chapter 9 / Section 44-9-24
Six-year limitation to enforce lien--Cancellation of expired lien
Status: in_force

No lien may be enforced in any case unless the holder of the lien asserts the lien, either by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement. No person is bound by the judgment in the action unless the person is made a party to the action within the six-year period.

If no action or suit has been commenced to enforce the lien during the six-year period, the owner of the property, the owner's agent, or contractor may file an affidavit with the register of deeds stating that the lien holder has not commenced suit to enforce the lien within the six-year period and requesting that the lien be cancelled. The register of deeds shall cancel the lien of record within thirty days of the filing of the affidavit.

Source: SL 1913, ch 263, § 11; SL 1917, ch 295, § 4; RC 1919, § 1653; SDC 1939, § 39.0715; SL 2014, ch 212, § 1.
S.D. Codified Laws § 44-15-2 — SD Code / Title 44 / Chapter 15 / Section 44-15-2
Customer rights--Possession
Status: in_force

In the absence of any agreement to the contrary, the customer has all rights and title to any die, mold, form, or pattern in the possession of the manufacturer. If a customer does not claim possession from a manufacturer of a die, mold, form, or pattern within three years following the last use of the die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern is transferred to the manufacturer for the purpose of destroying or otherwise disposing of the die, mold, form, or pattern.

Source: SL 1998, ch 267, § 2.
S.D. Codified Laws § 44-11-8 — SD Code / Title 44 / Chapter 11 / Section 44-11-8
Innkeeper defined
Status: in_force

The term "innkeeper" as used in §§ 44-11-5 to 44-11-7 , inclusive, shall include the keeper or proprietor of any hotel, rooming house, boardinghouse, restaurant, or tourist pay camp.

Source: SDC 1939, § 39.1508.
S.D. Codified Laws § 44-9-5 — SD Code / Title 44 / Chapter 9 / Section 44-9-5
Homestead right--Lien does not affect exemption
Status: in_force

The lien shall not extend to nor affect any rights in any homestead so far as the same is exempt from levy and sale on execution.

Source: SL 1913, ch 263, § 2; RC 1919, § 1644; SL 1921, ch 280; SDC 1939, § 39.0702.
S.D. Codified Laws § 44-2-1 — SD Code / Title 44 / Chapter 2 / Section 44-2-1
Priority of different liens upon same property--Determination--Time of creation
Status: in_force

Other things being equal, different liens upon the same property have priority according to the time of their creation.

Source: CivC 1877, § 1711; CL 1887, § 4335; RCivC 1903, § 2031; RC 1919, § 1536; SDC 1939, § 39.0112.
S.D. Codified Laws § 44-9-18 — SD Code / Title 44 / Chapter 9 / Section 44-9-18
Lien statement by lien claimant--Duties of register of deeds--Filing in numerical order--Contents of record--Entry upon mortgage or lien index
Status: in_force

The register of deeds shall file such statement or lien in numerical order and enter the same upon a register to be kept for that purpose containing the name of the owner of the property against whom the lien is claimed, date of filing, amount, description of the property affected by the lien, and a blank space for the date of release. In addition, if such lien affects the title to real property, he shall enter the same upon the mortgage or lien index described in § 7-9-9 .

Source: SL 1879, ch 41, § 5; CL 1887, § 2043; RPolC 1903, § 2577; SL 1909, ch 51, § 5; SL 1915, ch 243, § 5; SL 1917, ch 295, § 2; RC 1919, §§ 1635, 1649; SL 1919, ch 261; SDC 1939, § 39.0708.
S.D. Codified Laws § 44-15-3 — SD Code / Title 44 / Chapter 15 / Section 44-15-3
Transfer of rights--Notice
Status: in_force

At anytime within the time frame provided for in § 44-15-2 , a manufacturer may choose to have all rights and title to any die, mold, form, or pattern transferred to the manufacturer. The manufacturer shall send written notice by registered mail to the chief executive office of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the manufacturer intends to terminate the customer's rights and title by having all the rights and title transferred to the manufacturer pursuant to §§ 44-15-1 to 44-15-7 . The notice shall include a statement of the customer's rights as set forth in § 44-15-4 .

Source: SL 1998, ch 267, § 3.
S.D. Codified Laws § 44-7-4.1 — SD Code / Title 44 / Chapter 7 / Section 44-7-4.1
Duty of secretary of state or register of deeds on presentation of notice of federal lien, refiling of notice, or notice of revocation of certificate
Status: in_force

If a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in § 44-7-5.1 is presented for filing:

(1) To the secretary of state, the secretary of state shall cause the notice to be marked, held, and indexed in accordance with the provisions of chapter 57A-9 , as if the notice were a financing statement within the meaning of the Uniform Commercial Code; or

(2) To any register of deeds, the register of deeds shall receive, record, and index the notice in the same manner as similar instruments are recorded and indexed.

Source: SL 1988, ch 355, § 4; SL 1990, ch 30, § 10; SL 2005, ch 236, § 2.
S.D. Codified Laws § 44-10-8 — SD Code / Title 44 / Chapter 10 / Section 44-10-8
Obligations of pledgee and pledge holder--Assumption of duties and liabilities of depository
Status: in_force

A pledgee or pledge holder for reward assumes the duties and liabilities of a depository for reward. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depository.

Source: CivC 1877, §§ 1768, 1769; CL 1887, §§ 4403, 4404; RCivC 1903, §§ 2115, 2116; RC 1919, §§ 1616, 1617; SDC 1939, § 39.0509.
S.D. Codified Laws § 44-9-44 — SD Code / Title 44 / Chapter 9 / Section 44-9-44
Judgment of sale to satisfy all liens--Manner of sale--Rights of persons which are paramount to liens--Proceeds of sale, distribution by officer making sale
Status: in_force

The judgment shall direct a sale of the real estate or other property for the satisfaction of all liens charged thereon, and the manner of such sale, subject to the rights of all persons which are paramount to such liens or any of them. It shall require the officer making such sale to pay over and distribute the proceeds of the sale, after deducting all lawful charges and expenses, to and among the lienors to the amount of their respective claims, if there is sufficient therefor; and if there is not sufficient then to divide and distribute the same among the several lienors in proportion to the amount due to each, and without priority among themselves.

Source: SL 1913, ch 263, § 14; RC 1919, § 1656; SDC 1939, § 39.0720.
S.D. Codified Laws § 44-8-35 — SD Code / Title 44 / Chapter 8 / Section 44-8-35
Application of certificate of release only to certain mortgages
Status: in_force

Sections 44-8-30 to 44-8-35 , inclusive, apply only to a mortgage in the original principal amount of five hundred thousand dollars or less.

Source: SL 1997, ch 251, § 7.
S.D. Codified Laws § 44-5-2 — SD Code / Title 44 / Chapter 5 / Section 44-5-2
Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception
Status: in_force

The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property unless otherwise agreed by the parties and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration.

Source: CivC 1877, § 1721; CL 1887, § 4345; RCivC 1903, § 2041; RC 1919, § 1546; SDC 1939, § 39.0123.
S.D. Codified Laws § 44-9-29 — SD Code / Title 44 / Chapter 9 / Section 44-9-29
Enforcement of lien--Application to make all interested persons parties--Order of court, publication--Rights barred by failure to appear and assert claim
Status: in_force

Upon the application of the plaintiff, or anyone claiming an interest in the property, the court may make an order requiring all persons claiming any interest in the property or lien thereon to appear in the action, either by complaint in intervention or by answer, and to set up whatever rights, claims, or interests they may have in and to the property involved in the action, within a time to be fixed by the court in its order, which shall not be less than sixty days after the first publication of the same. The order shall be published in a legal newspaper of the county once each week for at least four weeks, and if within the time specified in said order, any party shall not appear and assert his claim by proper pleading, he shall be forever barred from claiming any right, lien, or interest against the property, and judgment shall be entered in favor only of those who appear and establish their liens, claims or interests.

Source: SL 1909, ch 51, § 7; SL 1915, ch 243, § 7; RC 1919, § 1637; SDC 1939, § 39.0713.
S.D. Codified Laws § 44-9-48 — SD Code / Title 44 / Chapter 9 / Section 44-9-48
Judgment and sale to satisfy all liens--Sale not confirmed by court--Resale--Receiver to handle property
Status: in_force

If in any case the sale be not confirmed, the court may direct a resale, or if deemed best may appoint a receiver to lease or otherwise handle the property under its direction, in the interests of all persons concerned.

Source: SDC 1939, § 39.0720.
S.D. Codified Laws § 44-11-4 — SD Code / Title 44 / Chapter 11 / Section 44-11-4
Foreclosure of mechanics', laborers', and materialmen's liens--Action or advertisement
Status: in_force

The lien may be foreclosed at any time after sixty days from the date of furnishing the last item. The foreclosure may be conducted according to the provisions of chapter 21-53 or according to the provisions of chapter 21-54 , subject to the right of persons adversely interested to require foreclosure under chapter 21-53 .

Source: SL 1925, ch 216, § 1; SL 1927, ch 160, § 1; SDC 1939, § 39.0804.
S.D. Codified Laws § 44-12-6 — SD Code / Title 44 / Chapter 12 / Section 44-12-6
Notice of hospital lien--Copy mailed to persons liable for injury--Time of mailing
Status: in_force

The hospital shall also mail, postage prepaid, a copy of the notice required by § 44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before the payment of any moneys to the injured party, the injured party's attorney or legal representative, as compensation for the injury.

Source: SL 1964, ch 112, § 2; SL 1994, ch 351, § 104.
S.D. Codified Laws § 44-9-43 — SD Code / Title 44 / Chapter 9 / Section 44-9-43
Payment of judgment by lien holder personally indebted for amount of lien--Subrogation to rights of person so paid
Status: in_force

If, after judgment, a lien holder who is personally indebted for the amount of any lien so adjudged in favor of another shall pay such indebtedness, he shall thereby become subrogated to the rights of the person so paid.

Source: SL 1913, ch 263, § 13; RC 1919, § 1655; SDC 1939, § 39.0718.
S.D. Codified Laws § 44-9A-5 — SD Code / Title 44 / Chapter 9A / Section 44-9A-5
Release of joint check proceeds at peril of supplier
Status: in_force

It shall be of no consequence under this chapter if the payment or any part thereof in such joint check is released to the contractor or subcontractor by another payee. Release of such funds is at the peril of the person or corporation furnishing materials, supplies, equipment, and services to the contractor or subcontractor.

Source: SL 1971, ch 250, § 4.
S.D. Codified Laws § 44-7-1.1 — SD Code / Title 44 / Chapter 7 / Section 44-7-1.1
Applicability of chapter
Status: in_force

This chapter applies only to federal tax liens and to other federal liens notices that, under any act of Congress or any federal regulation adopted pursuant to any act of Congress, are required or permitted to be filed in the same manner as notices of federal tax liens.

Source: SL 1988, ch 355, § 1; SL 2005, ch 236, § 1.
S.D. Codified Laws § 44-9-3 — SD Code / Title 44 / Chapter 9 / Section 44-9-3
Vendee authorized to improve land sold under executory contract--Forfeiture or surrender of contract after attachment of liens for improvements--Liability of vendor
Status: in_force

Whenever land is sold under an executory contract authorizing the vendee to improve the same, and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor shall be subject thereto, but he shall not be personally liable if the contract was made in good faith.

Source: SL 1913, ch 263, § 5; RC 1919, § 1647; SDC 1939, § 39.0706.
S.D. Codified Laws § 44-9-17 — SD Code / Title 44 / Chapter 9 / Section 44-9-17
Lien statement by lien claimant--Mailing of copy to property owner condition precedent to filing--Post office receipt attached to statement
Status: in_force

Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statement and filed in the office of register of deeds.

Source: SDC 1939, § 39.0708 as added by SL 1967, ch 153.
S.D. Codified Laws § 44-9-21 — SD Code / Title 44 / Chapter 9 / Section 44-9-21
Manner of satisfying liens--Execution and delivery of satisfaction to owner of property--Contents--Acknowledgment--Record of satisfaction--Cancellation of lien
Status: in_force

Whenever a lien has been claimed by filing the same in the office of the register of deeds and it is afterward satisfied by payment, foreclosure, compromise, or other method, the creditor shall execute and deliver to the owner of the property a satisfaction describing the lien by its date, date of filing, amount claimed, description of the property, and the names of the lien claimants and owner of the property. Such satisfaction shall be executed before two witnesses or acknowledged before a notary public, and upon presentation to the register of deeds, he shall file the same and cancel the said lien of record.

Source: CCivP 1877, § 670; SL 1879, ch 41, § 7; CL 1887, §§ 2045, 5484; RPolC 1903, § 2579; RCCivP 1903, § 711; SL 1909, ch 51, § 9; SL 1915, ch 243, § 9; RC 1919, §§ 1639, 1659; SDC 1939, § 39.0711.
S.D. Codified Laws § 44-9-7 — SD Code / Title 44 / Chapter 9 / Section 44-9-7
Attachment and taking effect of lien--Preference over other encumbrances
Status: in_force

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

Source: SL 1913, ch 263, § 4; SL 1917, ch 295, § 1; RC 1919, § 1646; SDC 1939, § 39.0707; SL 1982, ch 301.
S.D. Codified Laws § 44-8-4 — SD Code / Title 44 / Chapter 8 / Section 44-8-4
Assignment of real estate mortgage--Standard form
Status: in_force

The standard form of assignments of real estate mortgages is as follows:

For and in consideration of ________ dollars, to ________ in hand paid, ________ do ________ hereby assign unto ________ of ________ P.O., a certain indenture of mortgage and the notes secured thereby, executed by ________ to ________ on the ________ day of ________, 20____, upon _____________________________________________________

Source: SL 1911, ch 257, § 4; RC 1919, § 1566; SDC 1939, § 39.0301.
S.D. Codified Laws § 44-14-10 — SD Code / Title 44 / Chapter 14 / Section 44-14-10
Rental agreement statement--Failure to disclose
Status: in_force

The rental agreement must contain a statement in bold type that the occupant must disclose the name and address of any other person with an ownership interest in the personal property. If the occupant does not disclose any other person, the personal property is deemed wholly owned by the occupant.

Source: SL 2022, ch 165, § 8.
S.D. Codified Laws § 44-9-52 — SD Code / Title 44 / Chapter 9 / Section 44-9-52
Notice of project commencement does not affect title, liens allowable, or mortgage
Status: in_force

The filing of a notice of project commencement does not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor does it alter the aggregate amounts of liens allowable by applicable statute, nor does it affect the priority of any mortgage or future advances under any mortgage.

Source: SL 1999, ch 217, § 3.
S.D. Codified Laws § 44-10-6 — SD Code / Title 44 / Chapter 10 / Section 44-10-6
Pledge holder--Selection--Duties
Status: in_force

A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged who, if he accepts, becomes a pledge holder. He must enforce all of the rights of the pledgee unless authorized by him to waive them.

Source: CivC 1877, §§ 1764, 1767; CL 1887, §§ 4399, 4402; RCivC 1903, §§ 2111, 2114; RC 1919, §§ 1612, 1615; SDC 1939, § 39.0507.
S.D. Codified Laws § 44-9-27 — SD Code / Title 44 / Chapter 9 / Section 44-9-27
Action to enforce lien--Commencement--Issuance of summons--Filing of complaint
Status: in_force

The action shall be commenced by issue of a summons and filing complaint in the office of the clerk of courts.

Source: SDC 1939, § 39.0716.
S.D. Codified Laws § 44-8-2 — SD Code / Title 44 / Chapter 8 / Section 44-8-2
Power of attorney to execute mortgage of real property must be in writing--Signature, acknowledgment, or proof--Recording
Status: in_force

A power of attorney to execute a mortgage must be in writing, subscribed, acknowledged, proved, or certified and recorded in like manner as powers of attorney for grants of real property.

Source: CivC 1877, § 1730; CL 1887, § 4355; RCivC 1903, § 2051; RC 1919, § 1555; SDC 1939, § 39.0211.
S.D. Codified Laws § 44-9A-4 — SD Code / Title 44 / Chapter 9A / Section 44-9A-4
Endorsement of joint check and execution of agreement as express waiver
Status: in_force

The endorsement of a joint check as provided herein and the execution of a separate written agreement of waiver by a person or corporation furnishing materials, supplies, equipment, and services to an owner, contractor, or a subcontractor shall constitute an express waiver of all rights and claims under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of this state against the owner or contractor and his surety to the extent of, and as of the date of, the joint check endorsed.

Source: SL 1971, ch 250, § 4.
S.D. Codified Laws § 44-11-10 — SD Code / Title 44 / Chapter 11 / Section 44-11-10
Factor--General lien--Dependent on possession
Status: in_force

A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal.

Source: CivC 1877, § 1807; CL 1887, § 4442; RCivC 1903, § 2154; RC 1919, § 1695; SDC 1939, § 39.1502.
S.D. Codified Laws § 44-11-3.1 — SD Code / Title 44 / Chapter 11 / Section 44-11-3.1
Federal filing requirements
Status: in_force

If federal law or regulations promulgated thereunder require liens otherwise governed by this chapter to be filed in a place other than the place required by § 44-11-3 , compliance with such filing requirements under federal law or regulation within the time required by § 44-11-3 shall have the same effect as a proper filing under § 44-11-3 .

Source: SL 1982, ch 302.
S.D. Codified Laws § 44-4-8 — SD Code / Title 44 / Chapter 4 / Section 44-4-8
Release and exoneration of sureties on undertaking for release of property from lien
Status: in_force

Sureties on the bond shall be released and exonerated unless action is commenced on the claim on which said lien was based within one year from the date said lien was discharged.

Source: SL 1966, ch 124, § 4.
S.D. Codified Laws § 44-9-46 — SD Code / Title 44 / Chapter 9 / Section 44-9-46
Sale of improvements to satisfy all liens--Severance and removal from land
Status: in_force

If, without material injury to the building or other improvement to which the lien holder has contributed, the same can be severed and removed from the land, the judgment, in the discretion of the court, may direct the sale of such improvement, with the privilege to the purchaser of removing the same at any time within sixty days, unless before such removal the owner or other persons interested in the land shall pay to the sheriff, for the purchaser, the amount realized from the sale, with interest and all expenses incurred toward such removal.

Source: SL 1913, ch 263, § 15; RC 1919, § 1657; SDC 1939, § 39.0719.
S.D. Codified Laws § 44-2-3 — SD Code / Title 44 / Chapter 2 / Section 44-2-3
Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents
Status: in_force

In all cases where no other provision is made by statute for giving public record notice of any claim of lien on personal property any person claiming such lien may give public record notice thereof by sworn statement executed in writing stating:

(1) The names and addresses of the owner of the property and of the lien claimant;

(2) A description of the property sufficient to identify it;

(3) The approximate location of the property;

(4) The date on which the lien is claimed to have arisen;

(5) The amount claimed as a lien, and if the lien is one, which may increase by future keep, care, or other transactions related to the property, the probable amounts by which it will increase;

(6) The circumstances out of which the lien is claimed to have arisen and the circumstances, if any, under which its future accumulations may arise, sufficient to show the legal or contract right to such lien and its accumulations.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-1-6 — SD Code / Title 44 / Chapter 1 / Section 44-1-6
Agreement to create lien on future interest--Attachment of lien
Status: in_force

An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the property and to the extent of such interest.

Source: CivC 1877, § 1704; CL 1887, § 4328; RCivC 1903, § 2024; RC 1919, § 1529; SDC 1939, § 39.0105.
S.D. Codified Laws § 44-5-3 — SD Code / Title 44 / Chapter 5 / Section 44-5-3
Sale or conversion of property subject to lien--Satisfaction of claim--Lien extinguished
Status: in_force

The sale of any property on which there is a lien toward satisfaction of the claim secured thereby, and in case of personal property, its wrongful conversion by the person holding the lien, extinguishes the lien thereon.

Source: CivC 1877, § 1718; CL 1887, § 4342; RCivC 1903, § 2038; RC 1919, § 1543; SDC 1939, § 39.0120.
S.D. Codified Laws § 44-1-5 — SD Code / Title 44 / Chapter 1 / Section 44-1-5
Security for performance of future obligations--Creation of lien
Status: in_force

A lien may be created by contract, to take immediate effect, as security for performance of obligations not then in existence.

Source: CivC 1877, § 1705; CL 1887, § 4329; RCivC 1903, § 2025; RC 1919, § 1530; SDC 1939, § 39.0104.
S.D. Codified Laws § 44-8-17 — SD Code / Title 44 / Chapter 8 / Section 44-8-17
Real property sold on execution or on mortgage foreclosure--Renewal of insurance by purchaser--Payments of taxes or assessments by purchaser--Addition to cost of redemption from sale
Status: in_force

In all cases where real property has been heretofore, or shall be hereafter, sold on execution or in any mortgage foreclosure proceeding, the purchaser at such sale, or his successor or successors in interest, may during the year or years of redemption, in case of the expiration during such year of any insurance policy on the premises sold, pay the premium necessary to procure a renewal of such policy; and in case of any taxes or assessments being delinquent, or in case any installment of interest or principal upon any prior or superior mortgage shall be due or become due during such period of redemption, the purchaser may pay the same when or after due, and in all such cases, the amount so paid, with interest thereon, shall be and constitute a part of the sum necessary to be paid for the redemption from such sale.

Source: SL 1913, ch 274, § 1; RC 1919, § 2888; SL 1923, ch 223; SDC 1939 & Supp 1960, § 37.3009.
S.D. Codified Laws § 44-10-2 — SD Code / Title 44 / Chapter 10 / Section 44-10-2
Lien of pledge dependent on possession--Delivery essential to valid pledge
Status: in_force

The lien of a pledge is dependent on possession, and no pledge is valid until the property pledged is delivered to the pledgee or to a pledge holder.

Source: CivC 1877, § 1759; CL 1887, § 4394; RCivC 1903, § 2106; RC 1919, § 1607; SDC 1939, § 39.0502.
S.D. Codified Laws § 44-9-14 — SD Code / Title 44 / Chapter 9 / Section 44-9-14
Demand of owner for lien accounts--Service on persons claiming liens--Owner defined
Status: in_force

The owner, by serving written request within fifteen days after the completion of the contract, may require any person who may have a lien under the provisions of this chapter, to furnish him an itemized and verified account of his lien claim, the amount thereof, and his name and address. No action or other proceeding shall be commenced for the enforcement of such lien until ten days after such statement is so furnished pursuant to the request of the owner.

The word "owner" as used in this section shall include any person interested in the premises otherwise than as a lien holder thereunder.

Source: SL 1913, ch 263, § 6; RC 1919, § 1648; SDC 1939, § 39.0704.
S.D. Codified Laws § 44-12-8 — SD Code / Title 44 / Chapter 12 / Section 44-12-8
Persons liable for payment of hospital lien
Status: in_force

Any person making any payment to such injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital the amount of its lien or so much thereof as can be satisfied out of the moneys due under any final judgment or compromise or settlement agreement, after paying the amount of any prior lien, is liable, for a period of one year from the date of payment of moneys to the injured party or the injured party's heir, attorney, or legal representative, as provided in this section, to the hospital for the amount which the hospital was entitled to receive as provided in this section. Any such hospital may, within such period, enforce the lien by a suit at law against the person, firm, limited liability company, or corporation making such payment.

Source: SL 1964, ch 112, § 3; SL 1994, ch 351, § 105.
S.D. Codified Laws § 44-9A-3 — SD Code / Title 44 / Chapter 9A / Section 44-9A-3
Provisions to be entered on reverse of joint check for waiver
Status: in_force

A joint check as used for the purposes provided in this chapter must have a provision on the reverse side thereof making reference to a separate written agreement of waiver between the maker and the person or corporation furnishing materials, supplies, equipment, or services to the contractor or subcontractor. Such provision must be conspicuous and mention that the payees, by their endorsements and in consideration of the payment represented by the joint check, jointly and severally waive all claims to which they might be entitled under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of South Dakota for all materials, supplies, equipment, and services supplied under a clearly identified contract to the extent of and of the date of the joint check.

Source: SL 1971, ch 250, § 3.
S.D. Codified Laws § 44-10-7 — SD Code / Title 44 / Chapter 10 / Section 44-10-7
Obligations of pledge holder--Exoneration from undertaking
Status: in_force

A pledge holder for reward cannot exonerate himself from his undertaking; and a gratuitous pledge holder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged with some impartial person who will then be entitled to a reasonable compensation for his care of the same.

Source: CivC 1877, § 1766; CL 1887, § 4401; RCivC 1903, § 2113; RC 1919, § 1614; SDC 1939, § 39.0508.
S.D. Codified Laws § 44-8-6 — SD Code / Title 44 / Chapter 8 / Section 44-8-6
Adoption of standard forms--Use of other forms not precluded--Name and post office address of mortgagee or assignee required
Status: in_force

Sections 44-8-3 to 44-8-5 , inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of real estate mortgages or assignments or satisfactions thereof; but all such instruments, whether on standard form or not, must show the name and post office address of the mortgagee or assignee.

Source: RC 1919, § 1567; SDC 1939, § 39.0301.
S.D. Codified Laws § 44-7-8.1 — SD Code / Title 44 / Chapter 7 / Section 44-7-8.1
Schedule of fees for filing lien or certificate or notice affecting lien--Deposit of fee
Status: in_force

For filing a lien or certificate or notice affecting any lien filed under this chapter, the fee is as follows:

(1) Twenty dollars if the record is communicated in writing; and

(2) Fifteen dollars if the record is communicated by another method or medium authorized by filing office rule.

If the filing is with the secretary of state, one dollar of the fee shall be deposited into the financing statement filing fee fund.

Source: SL 1988, ch 355, § 8; SL 2005, ch 236, § 7.
S.D. Codified Laws § 44-12-2 — SD Code / Title 44 / Chapter 12 / Section 44-12-2
Contract between injured party and attorney not prejudiced by hospital lien
Status: in_force

The lien granted by § 44-12-1 shall not in any way prejudice or interfere with any lien or contract which may be made by such injured party or his heirs or personal representative with any attorney or attorneys for handling the claim on behalf of such injured party, his heirs, or personal representative.

Source: SL 1964, ch 112, § 1.
S.D. Codified Laws § 44-11-11 — SD Code / Title 44 / Chapter 11 / Section 44-11-11
Banks and savings and loan associations--General lien--Dependent on possession
Status: in_force

A bank or savings and loan association has a general lien, dependent on possession, upon all property in its hands belonging to a customer, for the balance due to it from such customer in the course of business.

Source: CivC 1877, § 1808; CL 1887, § 4443; RCivC 1903, § 2155; RC 1919, § 1696; SDC 1939, § 39.1503; SL 1981, ch 312, § 1.
S.D. Codified Laws § 44-8-5 — SD Code / Title 44 / Chapter 8 / Section 44-8-5
Satisfaction of real estate mortgage--Standard form
Status: in_force

The standard form of satisfactions of real estate mortgages is as follows:

Source: SL 1911, ch 257, § 5; RC 1919, § 1566; SDC 1939, § 39.0301.
S.D. Codified Laws § 44-11-2 — SD Code / Title 44 / Chapter 11 / Section 44-11-2
Mechanics', laborers', and materialmen's liens on personal property--Priority
Status: in_force

Such lien on personal property shall be subject only to liens, mortgages, and conditional sales contracts properly filed on or before the time that the property comes into the possession of the lien claimant.

Source: SL 1925, ch 216, § 2; SL 1927, ch 160, § 2; SDC 1939, § 39.0802.
S.D. Codified Laws § 44-2-4 — SD Code / Title 44 / Chapter 2 / Section 44-2-4
Lien statement covering personal property--Condition precedent to filing--Mailing of copy to owner of property
Status: in_force

Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statement and filed in the office of the register of deeds.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-13-1 — SD Code / Title 44 / Chapter 13 / Section 44-13-1
Lien of county or municipality upon property of person receiving ambulance service
Status: in_force

Whenever any county or municipality has entered into an agreement with any such other governmental subdivision or other person duly qualified and licensed to perform such services, and counties or municipalities become obligated to and do pay toward the maintenance of such ambulance service, the county or municipality providing ambulance service under the provisions of § 34-11-1 , to the extent it is chargeable against that person shall have a lien upon all property both real and personal belonging to any person receiving such ambulance service; such lien, to the extent of reasonable and necessary charges for furnishing such service, shall extend to property held in joint tenancy including homestead interests, as well as property hereafter acquired or in which the person receiving such ambulance service has any interest.

Source: SL 1969, ch 29.
S.D. Codified Laws § 44-3-1 — SD Code / Title 44 / Chapter 3 / Section 44-3-1
Marshaling securities among lien holders--Lien upon several things--Subordinate interest of others in some of the things--Classes of property to which resort may be had
Status: in_force

Where one has a lien upon several things and other persons have subordinate liens upon or interests in some but not all of the same things, the person having the prior lien, if he can do so without risk of loss to himself or of injustice to other persons, must resort to the property in the following order on the demand of any party interested:

(1) To the things on which he has exclusive lien;

(2) To the things which are subject to the fewest subordinate liens; and

(3) In like manner inversely to the number of subordinate liens upon the same thing.

Source: CivC 1877, § 1713; CL 1887, § 4337; RCivC 1903, § 2033; RC 1919, § 1538; SDC 1939, § 39.0114.
S.D. Codified Laws § 44-14-5 — SD Code / Title 44 / Chapter 14 / Section 44-14-5
Self-service storage facility not a warehouse
Status: in_force

A self - service storage facility is not a public warehouse or public storage warehouse as defined in chapter 49-42 or 49-42A . If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject to the provisions of chapters 49-42 and 49-42A and the provisions of this chapter do not apply.

Source: SL 1997, ch 249, § 5.
S.D. Codified Laws § 44-4-3 — SD Code / Title 44 / Chapter 4 / Section 44-4-3
Undertaking to release property from lien--Amount--Sureties--Terms and conditions--Justification of sureties
Status: in_force

The person filing an affidavit pursuant to § 44-4-2 shall cause to be filed with the officer an undertaking in an amount of not less than twice the amount of the lien executed by at least two sureties, resident freeholders of this state, or a qualified corporate surety, to the effect that the owner or interested party will, on demand, pay the amount that may be recovered by the lien claimant, together with interest and costs. Personal sureties shall justify their responsibility by affidavit annexed to the undertaking, stating a sum which each is worth in property in this state over and above all debts and liabilities and property exempt from execution, the aggregate of which shall be double the amount specified in the undertaking.

Source: SL 1966, ch 124, § 2.
S.D. Codified Laws § 44-9-15 — SD Code / Title 44 / Chapter 9 / Section 44-9-15
Lien ceases without filing of required lien statement--Place of filing of statement
Status: in_force

The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1(2), with the secretary of state.

Source: SL 1913, ch 263, § 7; SL 1917, ch 295, § 2; RC 1919, § 1649; SDC 1939, § 39.0708; SL 1961, ch 200.
S.D. Codified Laws § 44-8-18 — SD Code / Title 44 / Chapter 8 / Section 44-8-18
Past due installments of interest and principal on superior mortgage affecting real property--Payment by holder of inferior mortgage--Insurance, taxes, and assessments paid by purchaser at sale on execution or mortgage foreclosure--Payment by purchaser prior to redemption--Proof by verified written notice, recording, service, effect
Status: in_force

Payments pursuant to §§ 44-8-16 and 44-8-17 may be proved by a written notice thereof verified by the affidavit of the purchaser, his agent, or attorney, stating the items and describing the premises, which may be recorded in the office of the register of deeds, and a copy thereof served upon the sheriff of the county, and from the date of such service the sheriff, before issuing any redemption certificate, must collect the full amount specified in such notice in addition to the amount which would otherwise be due in redemption from such sale, and pay the same over to the purchaser at such sale, or his assignee.

Source: SL 1913, ch 274, § 1; RC 1919, § 2888; SL 1923, ch 223; SDC 1939 & Supp 1960, § 37.3009.
S.D. Codified Laws § 44-8-25 — SD Code / Title 44 / Chapter 8 / Section 44-8-25
Deficiency judgment provisions not applicable to outside lenders
Status: in_force

Nothing contained in this chapter shall affect the rights or liabilities of a mortgagor or mortgagee under a mortgage given by a purchaser or grantee of real estate to a lender who is not the vendor or grantor of such real estate.

Source: SL 1970, ch 250.
S.D. Codified Laws § 44-6-4 — SD Code / Title 44 / Chapter 6 / Section 44-6-4
Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception
Status: in_force

Where a buyer of real property gives to the seller a written contract for the payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts and return the surplus is not a waiver of the lien.

Source: CivC 1877, § 1802; CL 1887, § 4437; RCivC 1903, § 2149; RC 1919, § 1690; SDC 1939, § 39.0602.
S.D. Codified Laws § 44-8-26 — SD Code / Title 44 / Chapter 8 / Section 44-8-26
Collateral real estate mortgages
Status: in_force

A mortgage which contains the following statement in printed or typed capital letters: THE PARTIES AGREE THAT THIS MORTGAGE CONSTITUTES A COLLATERAL REAL ESTATE MORTGAGE PURSUANT TO SDCL 44-8-26 , is subject to the provisions of this section. A mortgage executed pursuant to this section shall be entitled in printed or typed capital letters: MORTGAGE--COLLATERAL REAL ESTATE MORTGAGE. A mortgage made pursuant to this section shall, notwithstanding the fact that from time to time during the term thereof no indebtedness is due from the mortgagor to the mortgagee, constitute a continuing lien against the real property covered thereby for the amount stated in the mortgage. Any sums not exceeding the face amount of the mortgage, together with interest thereon as provided in the instrument secured by the mortgage, advanced by the mortgagee prior to or during the term of the mortgage have a lien priority as of the date the mortgage was filed. At any time the indebtedness due the mortgagee is zero, the mortgagor may demand in writing that the mortgage be satisfied, and the mortgagee shall within ten days thereafter execute and record a satisfaction thereof. Collateral real estate mortgages may be used to secure commercial, agricultural or consumer loans or lines of credit including, but not limited to, revolving notes and credits and over-draft checking plans.

A filed collateral real estate mortgage is effective for a period of five years from the date of filing and thereafter for a period of sixty days. No sums advanced subsequent to the end of the sixty-day period, save and except sums advanced for protection of the real estate collateral and for real property taxes or insurance, are secured by the collateral real estate mortgage unless an addendum to the collateral real estate mortgage extending its effective date is filed prior to the end of the sixty-day period. An addendum continuing the effectiveness of the collateral real estate mortgage may be filed by the mortgagee within six months before and sixty days after the expiration of the five-year effective date.

An addendum to a collateral real estate mortgage for the sole purpose of continuing the effectiveness of its lien need be signed only by the mortgagee. Upon the timely filing of such an addendum to a collateral real estate mortgage, the effectiveness of the collateral real estate mortgage will be continued for five years and sixty days after the addendum filing date. Thereafter, the addendum shall lose effectiveness to secure sums advanced after the sixty day period to the extent as provided above, unless another addendum to the collateral real estate mortgage continuing the effectiveness of its lien is filed prior to the end of the sixty day period. Succeeding addendums to collateral real estate mortgages may be filed in the same manner to continue the effectiveness of the lien of the collateral real estate mortgage.

Source: SL 1981, ch 310; SL 2009, ch 225, § 1; SL 2011, ch 199, § 1.
S.D. Codified Laws § 44-11-1 — SD Code / Title 44 / Chapter 11 / Section 44-11-1
Mechanics', laborers', and materialmen's liens on personal property--Extent of lien--Abandonment--Application to motor vehicles
Status: in_force

If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any personal property, such person shall have a lien thereon, dependent on possession, or notice as provided by this chapter on the property to the extent of a reasonable charge. However, if there is an agreed price, the lien is to the extent of such agreed price.

Personal property left for repair at a place of business in this state shall be considered abandoned and may be sold if the property is unclaimed by its owner for a period of ninety days after written notice of the intent to sell the property is given to the owner at the owner's last known address by certified mail. The sale is subject to liens, mortgages, and other creditors' interest properly filed or perfected before the date that the personal property came into the possession of the place of business. The abandoned personal property shall be sold under the provisions of chapter 21-54 . This section does not apply to any motor vehicle as defined by § 32-3-1 .

Source: CivC 1877, § 1806; CL 1887, § 4441; RCivC 1903, § 2153; RC 1919, § 1694; SL 1925, ch 216, § 1; SL 1927, ch 160, § 1; SDC 1939, § 39.0801; SL 1991, ch 368; SL 2005, ch 154, § 1.
S.D. Codified Laws § 44-12-5 — SD Code / Title 44 / Chapter 12 / Section 44-12-5
Hospital lien docket--Maintenance by register of deeds--Entries, content--Indexing--Fee for filing claim
Status: in_force

Each register of deeds shall provide a suitable, well - bound book to be called the hospital lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the person, firm, or corporation alleged to be liable for the injury, the date of occurrence of the injury and the name and location of the hospital making the claim. The register of deeds shall make a proper index of the claim in the name of the injured person and shall charge a fee in accordance with subdivision 7-9-15(3).

Source: SL 1964, ch 112, § 5; SL 1974, ch 55, § 46; SL 1983, ch 305, § 2; SL 1999, ch 33, § 6.
S.D. Codified Laws § 44-3-6 — SD Code / Title 44 / Chapter 3 / Section 44-3-6
Subrogation of inferior lien holder
Status: in_force

One who has a lien inferior to another upon the same property has a right to be subrogated to all the benefits of the superior lien when necessary for the protection of his interests upon satisfying the claim secured thereby.

Source: CivC 1877, § 1715, subdiv 2; CL 1887, § 4339, subdiv 2; RCivC 1903, § 2035, subdiv 2; RC 1919, § 1540 (2); SDC 1939, § 39.0117 (2).
S.D. Codified Laws § 44-9-41 — SD Code / Title 44 / Chapter 9 / Section 44-9-41
Foreclosure of lien--Taxation of costs--Sum allowed for preparation and filing of lien statement and account
Status: in_force

The clerk of the courts shall tax the same costs as are allowed in foreclosures of real estate mortgages.

The lien claimant shall be entitled to tax as costs, in addition to all other costs allowed by law, the sum of five dollars for the preparation of the lien statement and account for filing with the register of deeds.

Source: SL 1909, ch 51, § 10; SL 1915, ch 243, § 10; RC 1919, § 1640; SDC 1939, § 39.0721.
S.D. Codified Laws § 44-1-7 — SD Code / Title 44 / Chapter 1 / Section 44-1-7
Lien or contract of lien transfers no title to property
Status: in_force

No title to the property is transferred by a lien or contract for lien notwithstanding any agreement to the contrary.

Source: CivC 1877, § 1706; CL 1887, § 4330; RCivC 1903, § 2026; RC 1919, § 1531; SDC 1939, § 39.0107.
S.D. Codified Laws § 44-14-9 — SD Code / Title 44 / Chapter 14 / Section 44-14-9
Owner rights
Status: in_force

This chapter may not be construed as impairing or affecting the right of an owner and an occupant to create additional rights, duties, or obligations under a rental agreement. In addition to the rights and remedies under this chapter, an owner has the same rights and remedies available to creditors and landlords under the laws of this state.

Source: SL 2022, ch 165, § 7.
S.D. Codified Laws § 44-9-30 — SD Code / Title 44 / Chapter 9 / Section 44-9-30
Consolidations of actions for foreclosure of liens upon same property--Order of court--Rights of parties protected
Status: in_force

If more than one action shall be commenced in good faith for foreclosure of liens upon the same property, all shall be consolidated and tried as one, under such order of the court as may best protect the rights of all parties concerned.

Source: SL 1913, ch 263, § 11; SL 1917, ch 295, § 4; RC 1919, § 1653; SDC 1939, § 39.0713.
S.D. Codified Laws § 44-9-25 — SD Code / Title 44 / Chapter 9 / Section 44-9-25
Parties to action to foreclose lien--Admission of lien holder not named as defendant--Joinder of plaintiffs
Status: in_force

The action to foreclose the lien may be commenced by any lien holder who has filed his lien statement as required in this chapter, and all other such lien holders who are not joined with him as plaintiffs shall be made defendants. Any such lien holder not named as a defendant may nevertheless answer the complaint and be admitted as a party. All parties having liens under this chapter may join as plaintiffs, if they so desire, prior to the commencement of any action by a single lien holder.

Source: SL 1909, ch 51, § 7; SL 1913, ch 263, § 11; SL 1915, ch 243, § 7; SL 1917, ch 295, § 4; RC 1919, §§ 1637, 1653; SDC 1939, § 39.0713.
S.D. Codified Laws § 44-14-8 — SD Code / Title 44 / Chapter 14 / Section 44-14-8
Occupant responsibility
Status: in_force

Unless the rental agreement provides otherwise, until a sale under this chapter, the exclusive care, custody, and control of all property stored in a storage space remains vested in the occupant, and the occupant shall bear all risks of loss or damage to that property.

Source: SL 2022, ch 165, § 6.
S.D. Codified Laws § 44-4-7 — SD Code / Title 44 / Chapter 4 / Section 44-4-7
Approval of undertaking for release of property from lien--Discharge of lien--Recording by marginal entry
Status: in_force

If no exception is taken to the sufficiency of the sureties, or if the sureties justify as provided in § 44-4-6 , and if the officer having control of the record of the lien approves the undertaking the lien shall be discharged of record by an entry on the margin of the record thereof as follows: "discharged by undertaking." The officer shall date and sign the discharge and thereafter the lien shall be of no effect.

Source: SL 1966, ch 124, § 4.
S.D. Codified Laws § 44-8-24 — SD Code / Title 44 / Chapter 8 / Section 44-8-24
Deficiency judgment prohibition inapplicable to purchase money mortgage or notes held by federal agencies and instrumentalities
Status: in_force

Nothing contained in § 44-8-20 or 44-8-21 shall apply to purchase money mortgages, or notes held by the United States of America, or any agent, agency, or instrumentality thereof, or any corporation or association whose obligations are guaranteed in whole or in part by the United States of America, and it, or such agencies, instrumentalities, corporations, or associations shall be entitled to enforce such mortgages, mortgage notes, and to have judgments thereon and collect deficiencies thereon, anything in said sections to the contrary notwithstanding.

Source: SL 1935, ch 150, § 6; SDC 1939, § 39.0308.
S.D. Codified Laws § 44-9-16 — SD Code / Title 44 / Chapter 9 / Section 44-9-16
Lien statement by lien claimant--Verification--Contents
Status: in_force

Such statement shall be made by or at the instance of the lien claimant, shall be verified by the oath of some person shown by such verification to have knowledge of the facts stated, and shall set forth:

(1) A notice of intention to claim and hold a lien, and the amount thereof;

(2) That such amount is due and owing to the claimant for labor performed, or for skill, services, material, or machinery furnished, and for what improvement the same was done or supplied;

(3) The names and post office addresses of the claimant, and of the person for or to whom performed or furnished;

(4) The dates when the first and last items of the claimant's contribution were made;

(5) A description of the property to be charged, identifying the same with reasonable certainty;

(6) The name and address of the owner thereof at the time of making such statement, according to the best information then had; and

(7) An itemized statement of the account upon which the lien is claimed.

Source: SL 1879, ch 41, § 5; CL 1887, § 2043; RPolC 1903, § 2577; SL 1909, ch 51, § 5; SL 1913, ch 263, § 7; SL 1915, ch 243, § 5; SL 1917, ch 295, § 2; RC 1919, §§ 1635, 1649; SL 1919, ch 261; SDC 1939, § 39.0708.
S.D. Codified Laws § 44-14-7 — SD Code / Title 44 / Chapter 14 / Section 44-14-7
Value limit
Status: in_force

If the rental agreement specifies a limit on the value of personal property the occupant may store in the storage space, the limit is deemed to be the maximum value of the personal property in the occupant's storage space for the purposes of claims against an owner for loss of or damage to personal property.

Source: SL 2022, ch 165, § 5.
S.D. Codified Laws § 44-9-2 — SD Code / Title 44 / Chapter 9 / Section 44-9-2
Construction of improvements with knowledge of owner subjects land to lien--Exceptions
Status: in_force

When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, insofar as to subject their interests to the liens therefor; provided that as against a lessor no lien is given for repairs made by or at the instance of his lessee.

Source: SL 1913, ch 263, § 5; RC 1919, § 1647; SDC 1939, § 39.0706.
S.D. Codified Laws § 44-8-11 — SD Code / Title 44 / Chapter 8 / Section 44-8-11
Instrument intended as mortgage of real property--Recording as mortgage necessary
Status: in_force

Every grant of real property, or of any estate therein, which appears, by any other writing, to be intended as a mortgage, must be recorded as a mortgage; and if such grant and other writing explanatory of its true character are not recorded together at the same time and place, the grantee can derive no benefit from such record.

Source: CivC 1877, § 1740; CL 1887, § 4370; RCivC 1903, § 2070; RC 1919, § 1574; SDC 1939, § 39.0306.
S.D. Codified Laws § 44-3-8 — SD Code / Title 44 / Chapter 3 / Section 44-3-8
Satisfaction of lien--Execution of discharge or release by holder--Damages for failure to execute and deliver satisfaction--Attorney fees--Additional penalty
Status: in_force

Whenever any mortgage, pledge, or other lien of any kind has been satisfied either by payment, foreclosure, or other legal means, the holder of such lien shall, within thirty days of satisfaction, deliver a sworn satisfaction to the debtor. However, immediately upon satisfaction of a lien or at any time thereafter, if the owner of the property makes written demand on the lienholder, the lienholder shall, within ten days of receipt, execute and deliver to the debtor a sufficient sworn satisfaction to cancel the lien or any record thereof. If the lienholder fails to execute and deliver to the owner of the property a sworn satisfaction within ten days of receipt of a proper written demand, the owner of the property is entitled to recover from the person who failed to comply with the provisions of this section all damages that he or she may have sustained thereby, including attorney's fees and an additional penalty in the sum of one hundred dollars.

Source: SDC 1939, § 39.0118; SL 2003, ch 229, § 1.
S.D. Codified Laws § 44-1-4 — SD Code / Title 44 / Chapter 1 / Section 44-1-4
Creation of lien--Contract--Operation of law
Status: in_force

A lien is created:

(1) By contract; or

(2) By operation of law; but no lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.

Source: CivC 1877, §§ 1702, 1703; CL 1887, §§ 4326, 4327; RCivC 1903, §§ 2022, 2023; RC 1919, §§ 1527, 1528; SDC 1939, § 39.0103.
S.D. Codified Laws § 44-9A-2 — SD Code / Title 44 / Chapter 9A / Section 44-9A-2
Joint check and separate agreement of waiver required
Status: in_force

Any lien to which a person or corporation furnishing materials, supplies, equipment, and services to a contractor or subcontractor would otherwise be entitled under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be waived to the extent provided in this chapter by such person or corporation by the endorsement of a joint check wherein the payees include the contractor or subcontractor and the person or corporation furnishing materials, supplies, equipment, and services and by the execution of a separate agreement of waiver between the maker of the joint check and such person or corporation.

Source: SL 1971, ch 250, § 2.
S.D. Codified Laws § 44-9-38 — SD Code / Title 44 / Chapter 9 / Section 44-9-38
General power of court to appoint receiver not abridged
Status: in_force

Nothing in §§ 44-9-34 to 44-9-37 , inclusive, shall abridge the power of the court otherwise to appoint a receiver under the provisions of chapter 21-21 .

Source: SDC 1939, § 39.0717.
S.D. Codified Laws § 44-9-23 — SD Code / Title 44 / Chapter 9 / Section 44-9-23
Enforcement of lien--Venue of action--Commencement and conduct of proceedings
Status: in_force

The lien may be enforced by action in the circuit court of the county in which the improved premises or some part thereof are situated, or of the county to which such county is attached for judicial purposes, or, if claimed under subdivision 44-9-1(2), of any county through or into which said railway or other line extends, which action shall be begun and conducted in the same manner as actions for the foreclosure of mortgages upon real estate, except as herein otherwise provided.

Source: SL 1913, ch 263, § 9; RC 1919, § 1651; SDC 1939, § 39.0712.
S.D. Codified Laws § 44-9-19 — SD Code / Title 44 / Chapter 9 / Section 44-9-19
Fees for the filing, indexing or assignment of liens
Status: in_force

The register of deeds shall charge a fee in accordance with subdivision 7-9-15(3) for the filing and indexing of any lien or assignment of the lien under the provisions of this chapter. However, no fee may be charged for the satisfaction of the lien.

Source: SDC 1939, § 39.0721; SL 1976, ch 268, § 1; SL 1999, ch 33, § 5.
S.D. Codified Laws § 44-15-1 — SD Code / Title 44 / Chapter 15 / Section 44-15-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Customer," any person who causes a manufacturer to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a manufacturer with a die, mold, form, or pattern to manufacture, assemble, cast, or fabricate a product for a customer;

(2) "Manufacturer," any person who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, or fabricating a product for a customer including a tool or die maker.

Source: SL 1998, ch 267, § 1.
S.D. Codified Laws § 44-7-3.1 — SD Code / Title 44 / Chapter 7 / Section 44-7-3.1
Certification as entitling liens, etc., to be filed
Status: in_force

Certification of notices of liens, certificates, or other notices affecting federal liens by the secretary of the treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed and no other attestation, certification, or acknowledgment is necessary.

Source: SL 1988, ch 355, § 3.
S.D. Codified Laws § 44-1-10 — SD Code / Title 44 / Chapter 1 / Section 44-1-10
Lien limited to specified obligation
Status: in_force

The existence of a lien on property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of any other obligation than that which the lien originally secured.

Source: CivC 1877, § 1709; CL 1887, § 4333; RCivC 1903, § 2029; RC 1919, § 1534; SDC 1939, § 39.0110.
S.D. Codified Laws § 44-8-16 — SD Code / Title 44 / Chapter 8 / Section 44-8-16
Prior or superior mortgage affecting real property--Failure of mortgagor or successor in interest to pay installment due--Payment by holder of inferior mortgage--Added to amount due on mortgage
Status: in_force

In case any installment of interest or principal upon any prior or superior mortgage shall become due and the mortgagor or his successor in interest shall fail to pay such interest or principal, the holder of any inferior mortgage on real estate may pay such interest or principal upon such prior mortgage, and the amount so paid shall thereupon be added to the amount due on the mortgage held by the person making such payment and may be included in such mortgage upon foreclosure of the same.

Source: SL 1923, ch 223; SDC 1939 & Supp 1960, § 37.3009.
S.D. Codified Laws § 44-6-3 — SD Code / Title 44 / Chapter 6 / Section 44-6-3
Validity of liens of vendors and vendees--Exception
Status: in_force

The liens described by §§ 44-6-1 and 44-6-2 are valid against everyone claiming under the debtor, except a purchaser or encumbrancer without notice, in good faith, and for value.

Source: CivC 1877, § 1803; CL 1887, § 4438; RCivC 1903, § 2150; RC 1919, § 1691; SDC 1939, § 39.0601.
S.D. Codified Laws § 44-9-33 — SD Code / Title 44 / Chapter 9 / Section 44-9-33
Foreclosure of liens--Applicability of laws governing civil procedure--Exception
Status: in_force

All provisions of Title 15 shall be applicable to foreclosure actions under this chapter, except where a different intention plainly appears from the provisions of this chapter.

Source: SDC 1939, § 39.0716.
S.D. Codified Laws § 44-1-2 — SD Code / Title 44 / Chapter 1 / Section 44-1-2
Classification of liens--Definition of terms--General lien--Special lien
Status: in_force

Liens are general or special. A general lien is one which the holder thereof is entitled to enforce as security for the performance of all the obligations or all of a particular class of obligations which exist in his favor against the owner of the property. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation and of such obligations as may be incidental thereto.

Source: CivC 1877, §§ 1698 to 1700; CL 1887, §§ 4322 to 4324; RCivC 1903, §§ 2018 to 2020; RC 1919, §§ 1523 to 1525; SDC 1939, § 39.0102.
S.D. Codified Laws § 44-15-5 — SD Code / Title 44 / Chapter 15 / Section 44-15-5
Manufacturer's lien on balance due
Status: in_force

A manufacturer has a lien, dependent on possession, on any die, mold, form, or pattern in the manufacturer's possession belonging to a customer, for the balance due the manufacturer from such customer for any manufacturing or fabrication work, and in the value of all material related to the work. The manufacturer may retain possession of the die, mold, form, or pattern until the charges are paid.

Source: SL 1998, ch 267, § 5.
S.D. Codified Laws § 44-10-1 — SD Code / Title 44 / Chapter 10 / Section 44-10-1
Pledge defined
Status: in_force

Pledge is a deposit of personal property or a contract transferring possession of such as security for an obligation.

Source: CivC 1877, §§ 1757, 1758; CL 1887, §§ 4392, 4393; RCivC 1903, §§ 2104, 2105; RC 1919, §§ 1605, 1606; SDC 1939, § 39.0501.
S.D. Codified Laws § 44-8-1.5 — SD Code / Title 44 / Chapter 8 / Section 44-8-1.5
Security of mortgage protected against mortgagor's act
Status: in_force

No person whose interest is subject to the lien of a real estate mortgage may do any act which will substantially impair the mortgagee's security.

Source: CivC 1877, § 1733; CL 1887, § 4358; RCivC 1903, § 2054; RC 1919, § 1558; SDC 1939, § 39.0207 (5); repealed SL 1966, ch 150, § 10-102; re - enacted SL 1970, ch 251.
S.D. Codified Laws § 44-1-3 — SD Code / Title 44 / Chapter 1 / Section 44-1-3
Application of general statutes to liens--Exception
Status: in_force

The general statutes relating to liens apply to all liens including mortgages and pledges unless from the context relating to any of them a different intention plainly appears.

Source: CivC 1877, § 1701; CL 1887, § 4325; RCivC 1903, § 2021; RC 1919, § 1526; SDC 1939, § 39.0101.
S.D. Codified Laws § 44-9-8 — SD Code / Title 44 / Chapter 9 / Section 44-9-8
Attachment of lien--Protection of bona fide purchaser, mortgagee, or encumbrancer--Notice of lien for improvements thereafter made
Status: in_force

As against a bona fide purchaser, mortgagee, or encumbrancer without notice, however, no lien shall attach prior to the actual and visible beginning of the improvement on the ground, but a person having a contract for the furnishing of labor, skill, material, or machinery for such improvement, may file with the register of deeds of the county within which the premises are situated or of the county to which such county is attached for judicial purposes, or if claimed under subdivision 44-9-1(2), with the secretary of state, a brief statement of the nature of such contract, which statement shall be notice of his lien for the contract price or value of all contributions to such improvement thereafter made by him or at his instance.

Source: SL 1913, ch 263, § 4; SL 1917, ch 295, § 1; RC 1919, § 1646; SDC 1939, § 39.0707.
S.D. Codified Laws § 44-8-1 — SD Code / Title 44 / Chapter 8 / Section 44-8-1
Creation, renewal, or extension of mortgage of real property--Formalities required
Status: in_force

A mortgage of real property can be created, renewed, or extended only by writing, executed with the formalities required in the case of a grant of real property.

Source: CivC 1877, § 1722; CL 1887, § 4346; RCivC 1903, § 2042; RC 1919, § 1547; SDC 1939, § 39.0201.
S.D. Codified Laws § 44-15-6 — SD Code / Title 44 / Chapter 15 / Section 44-15-6
Notice of lien--Demand for payment
Status: in_force

Before enforcing any lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last - known address of the customer. The notice shall state that a lien is claimed for the damages set forth in writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment.

Source: SL 1998, ch 267, § 6.
S.D. Codified Laws § 44-7-8.3 — SD Code / Title 44 / Chapter 7 / Section 44-7-8.3
Uniform application and construction of chapter--Filing system
Status: in_force

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it and to permit the filing office to use a filing system to record and maintain notices of liens, certificates, and other notices affecting federal tax liens or other federal liens in a manner authorized by the filing office and to permit federal officials to file notices of liens, certificates, and notices affecting those liens upon real or personal property for obligations payable to the United States under the filing system authorized by the filing office.

Source: SL 2005, ch 236, § 9.
S.D. Codified Laws § 44-9-51 — SD Code / Title 44 / Chapter 9 / Section 44-9-51
Contractor's name and address and location notice to be posted--Contents of location notice
Status: in_force

Any person filing a notice of project commencement shall post the name and address of the contractor and location notice at the job site. The location notice shall contain the following statement: The contractor on this project has filed a notice of project commencement at the county courthouse. Any sub - subcontractor and any supplier to a subcontractor shall comply with the notice provisions of § 44-9-53 before filing liens in connection with this project.

Source: SL 1999, ch 217, § 2.
S.D. Codified Laws § 44-1-8 — SD Code / Title 44 / Chapter 1 / Section 44-1-8
Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void
Status: in_force

All contracts for forfeiture of property subject to a lien in satisfaction of the obligation secured thereby and all contracts in restraint of the right of redemption from a lien are void.

Source: CivC 1877, § 1707; CL 1887, § 4331; RCivC 1903, § 2027; RC 1919, § 1532; SDC 1939, § 39.0108.
S.D. Codified Laws § 44-12-1 — SD Code / Title 44 / Chapter 12 / Section 44-12-1
Hospital lien upon personal injury damages recovered by injured party
Status: in_force

Subject to § 44-12-3.1 , a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of this state that furnishes hospitalization or other service of any other nature in the treatment of or in connection with an injury not covered under title 62, if the injured party asserts or maintains a claim against another for damages on account of the injury, has a lien upon that part going or belonging to the injured party of any recovery or sum had or collected or to be collected by the injured party, or by the injured party's heirs or personal representative in case of the injured party's death, whether by judgment or by settlement or compromise to the amount of the reasonable and necessary charges of the hospital for the treatment, care, and maintenance of the injured party in the hospital up to the date of payment of the damages.

Source: SL 1964, ch 112, § 1; SL 1994, ch 351, § 102; SL 2019, ch 195, § 2.
S.D. Codified Laws § 44-14-2 — SD Code / Title 44 / Chapter 14 / Section 44-14-2
Owner--Lien on personal property
Status: in_force

The owner of a self - service storage facility has a lien upon all personal property located at a self - service storage facility for rent, labor, late fees, or other charges, present or future, in relation to the personal property, and for expenses necessary for its preservation, or expenses reasonably incurred in its sale or other disposition pursuant to this chapter. The lien provided in this chapter attaches as of the date the occupant defaults on the rental agreement. Any lien provided in this chapter is prior to any other lien or security interest, except for those liens and security interests which were perfected earlier.

Source: SL 1997, ch 249, § 2; SL 2022, ch 165, § 2.
S.D. Codified Laws § 44-7-2.1 — SD Code / Title 44 / Chapter 7 / Section 44-7-2.1
Procedure for filing under chapter
Status: in_force

Filings made pursuant to this chapter shall be as follows:

(1) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens shall be filed in accordance with this chapter;

(2) Notices of liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the register of deeds in the county in which the real property subject to the liens is situated;

(3) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:

(a) If the person against whose interest the lien applies is a corporation or a partnership whose principal place of business is in this state, as these entities are defined in the internal revenue laws of the United States, in the Office of the Secretary of State;

(b) In all other cases, in the office of the register of deeds of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.

Source: SL 1988, ch 355, § 2.
S.D. Codified Laws § 44-7-10 — SD Code / Title 44 / Chapter 7 / Section 44-7-10
Tax liens and notices filed before effective date of chapter
Status: in_force

Filing officers with whom notices of federal tax liens, certificates, and notices affecting such liens have been filed on or before July 1, 1967, shall continue to maintain a file labeled "federal tax lien notices filed prior to July 1, 1967" containing notices and certificates filed in numerical order of receipt. If a notice of lien was filed on or before July 1, 1967, any certificate or notice affecting the lien shall be filed in the same office.

Source: SL 1967, ch 154, § 6.
S.D. Codified Laws § 44-10-3 — SD Code / Title 44 / Chapter 10 / Section 44-10-3
Real owner cannot defeat pledge of property transferred to apparent owner for the purpose of pledge
Status: in_force

One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it cannot set up his own title to defeat a pledge of the property made by the other to a pledgee who received the property in good faith in the ordinary course of business and for value.

Source: CivC 1877, § 1762; CL 1887, § 4397; RCivC 1903, § 2109; RC 1919, § 1610; SDC 1939, § 39.0505.
S.D. Codified Laws § 44-3-5 — SD Code / Title 44 / Chapter 3 / Section 44-3-5
Inferior lien holder--Right to redeem
Status: in_force

One who has a lien inferior to another upon the same property has a right to redeem the property in the same manner as its owner might from the superior lien.

Source: CivC 1877, § 1715, subdiv 1; CL 1887, § 4339, subdiv 1; RCivC 1903, § 2035, subdiv 1; RC 1919, § 1540 (1); SDC 1939, § 39.0117 (1).
S.D. Codified Laws § 44-8-21 — SD Code / Title 44 / Chapter 8 / Section 44-8-21
Mortgage securing note for purchase price of real estate--Nonnegotiability--Enforcement of liability--Endorsement of note
Status: in_force

In all cases where a note given by the purchaser and grantee of real estate to the vendor and grantor thereof to secure payment of all or any part of the purchase price is secured by a mortgage on such real estate, such note shall bear an endorsement upon its face to the effect that it is given for such purpose, and thereafter the same shall not be negotiable, nor shall any liability of any kind be enforced upon it either by action at law, or by set - off, or counterclaim, or otherwise, excepting by foreclosure of the mortgage. The rights of any party to said note, or of any assignee, or purchaser thereof, shall not be affected by the absence of such endorsement but shall be the same as though such note had been properly endorsed. Nothing herein contained shall apply to such note given prior to July 1, 1933.

Source: SL 1933, ch 138, § 3; SL 1935, ch 150, § 3; SDC 1939, § 39.0308.
S.D. Codified Laws § 44-2-5 — SD Code / Title 44 / Chapter 2 / Section 44-2-5
Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees
Status: in_force

The sworn statement of such claim of lien together with post office receipt for mailing as required in § 44-2-4 may be filed in the office of the register of deeds of the county in which the property is located at the time of such filing and the register of deeds shall file and index it in the personal property index under the names of the property owner and the lien claimant, both alphabetically arranged, and thereafter it shall have the same effect and term of notice as a chattel mortgage duly filed.

The fees of registers of deeds in such cases shall be same as fees pertaining to chattel mortgages.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-8-8 — SD Code / Title 44 / Chapter 8 / Section 44-8-8
Validation of recorded real estate mortgages containing prohibited provisions--Notice to subsequent purchasers, encumbrancers or creditors--Rights of good faith purchasers or encumbrancers prior to July 1, 1949--Rights barred by no action
Status: in_force

The recording of any mortgage or trust deed affecting real property which was otherwise entitled to be recorded and which prior to January 1, 1992, was copied into the proper book of records kept in the office of any register of deeds and which has been properly indexed in that office, against the real property affected by such instrument shall be deemed to impart sufficient notice of such instrument and its contents to subsequent purchasers, encumbrancers, or creditors, notwithstanding that such mortgage contains one or more provisions which are prohibited by § 44-8-7 , and the act of any register of deeds in copying any such mortgage or trust deed into a proper book of records kept in his office and in properly indexing the same in his office against the real property affected by such instrument, is hereby legalized, cured, and declared valid; but nothing herein contained shall affect the rights of purchasers, encumbrancers, or holders of a valid lien by court proceedings who became such in good faith prior to January 1, 1992, provided further that this section shall not legalize any of the prohibited provisions contained in any such mortgage.

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

Source: SL 1941, ch 165; SL 1949, ch 209; SDC Supp 1960, § 65.0302-1; SL 1992, ch 307, § 56.
S.D. Codified Laws § 44-4-5 — SD Code / Title 44 / Chapter 4 / Section 44-4-5
Service of affidavit, undertaking, and notice of time and place of hearing on lien claimant or agent--Return
Status: in_force

The person presenting the release from lien by undertaking shall serve a copy of the affidavit and undertaking, together with a notice designating the time when and the office where the application will be made for release of the lien, on the lien claimant or the lien claimant's agent or attorney either personally in the manner provided for service of a summons or by certified mail not less than ten days before the time of the application. Return or affidavit of service or affidavit of mailing with postal receipt attached shall be filed with the officer having control and custody of the record of the lien.

Source: SL 1966, ch 124, § 3; SL 2007, ch 253, § 1.
S.D. Codified Laws § 44-7-5.1 — SD Code / Title 44 / Chapter 7 / Section 44-7-5.1
Duty of secretary of state on presentation of certificate of release, nonattachment, withdrawal, discharge, or subordination
Status: in_force

If a certificate of release, nonattachment, withdrawal, discharge, or subordination of any lien is presented to the secretary of state for filing, the secretary of state shall:

(1) Cause a certificate of release, nonattachment, or withdrawal to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and

(2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

Source: SL 1988, ch 355, § 5; SL 2005, ch 236, § 3.
S.D. Codified Laws § 44-7-5.2 — SD Code / Title 44 / Chapter 7 / Section 44-7-5.2
Duty of filing officer to accept liens in authorized method or medium
Status: in_force

The filing officer shall accept liens described in this chapter in the method or medium authorized by the filing office in accordance with chapter 57A-9 and rule of the appropriate filing office.

Source: SL 2005, ch 236, § 4.
S.D. Codified Laws § 44-10-5 — SD Code / Title 44 / Chapter 10 / Section 44-10-5
Pledge as security for obligation of another--Rights of pledgor, exception--Consideration for pledge received from debtor cannot be withdrawn without consent
Status: in_force

Property may be pledged as security for the obligation of a person other than the owner and in so doing the owner has all the rights of a pledgor for himself except that he cannot withdraw the property otherwise than as a pledgor for himself might; and if he receives from the debtor a consideration for the pledge, he cannot withdraw it without his consent.

Source: CivC 1877, §§ 1763, 1765; CL 1887, §§ 4398, 4400; RCivC 1903, §§ 2110, 2112; RC 1919, §§ 1611, 1613; SDC 1939, § 39.0506.
S.D. Codified Laws § 44-9-36 — SD Code / Title 44 / Chapter 9 / Section 44-9-36
Receiver appointed in foreclosure proceeding--Issuance of certificates for charges necessary to protect property as provided in judgment
Status: in_force

The court may authorize such receiver to issue receiver's certificates to persons furnishing services, supplies, or equipment only to the extent necessary for preservation of such property, and for taxes, insurance, and similar charges necessary to protection of the property. Such certificates may be made prior and preferred claims to all other liens of every kind and character, except court costs and expenses of sale, if such priority and preference shall be deemed necessary by the court for proper preservation and care of the property. The provision for such receiver's certificates may be made in the judgment of foreclosure or in any intermediate judgment or supplemental judgment.

Source: SL 1909, ch 51, § 8; SL 1915, ch 243, § 8; RC 1919, § 1638; SDC 1939, § 39.0717.
S.D. Codified Laws § 44-6-1 — SD Code / Title 44 / Chapter 6 / Section 44-6-1
Purchase price of real property--Special or vendor's lien
Status: in_force

One who sells real property has a special or vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer.

Source: CivC 1877, § 1801; CL 1887, § 4436; RCivC 1903, § 2148; RC 1919, § 1689; SDC 1939, § 39.0601.
S.D. Codified Laws § 44-9-1 — SD Code / Title 44 / Chapter 9 / Section 44-9-1
Persons entitled to lien--Property affected--Extent of lien--Exceptions
Status: in_force

Whoever shall, at the request of the owner or the duly authorized agent or representative of the owner, or of any contractor or subcontractor, furnish skill, labor, services, including light, power, or water, equipment, or materials for the improvement, development, or operation of property as hereinafter specified, shall have a first lien thereon and the appurtenances thereto, prior and superior to all other liens except those of the state or of the United States, and except existing liens, mortgages, or other encumbrances then of record or of which the lien claimant has actual notice, for the price or value of the same, so furnished, subject to the further provisions of this chapter, as follows:

(1) For the erection, alteration, repair, or removal of any building, fixture, bridge, fence, or other structure or for grading, filling in, or excavating the same, or for digging or repairing any ditch, drain, well, cistern, reservoir, or vault thereon or for laying, altering, or repairing any sidewalk, curb, gutter, paving, sewer, pipe, or conduit in or upon the same or in or upon the adjoining half of any highway, street, or alley upon which the property abuts, a lien upon the said improvement and the land on which it is situated, or to which it may be removed;

(2) For the construction, alteration, or repair of any line of railway or of any telegraph, telephone, electric light, or power line, or of any line of pipe, conduit, or subway or any structure, appliance, or fixture upon or appertaining to any of them, a lien upon the public utility so constructed, altered, or repaired and upon the line, plants, and property thereof and upon all the rights, franchises, and privileges of the owner appertaining thereto;

(3) Upon any mine or mining claim, oil or gas well or spring, a lien upon the same and any rights, privileges, franchises, easements, and tangible property and other property or appliances appurtenant thereto, for any of the items hereinbefore specified or referred to as giving right to a lien.

Source: SL 1879, ch 41, § 8; CL 1887, §§ 2039, 2046; SL 1895, ch 134, § 1; RPolC 1903, §§ 2573, 2580; SL 1903, ch 182; SL 1909, ch 49, §§ 1, 11; SL 1913, ch 263, §§ 1, 3; SL 1915, ch 243, §§ 1, 11; RC 1919, §§ 1631, 1642, 1643, 1645; SDC 1939, § 39.0701.
S.D. Codified Laws § 44-9-12 — SD Code / Title 44 / Chapter 9 / Section 44-9-12
Amount due from contractor to creditor--Recovery from owner
Status: in_force

The amount which may be due from any contractor to his creditor may be recovered from said owner by the creditor of said contractor, in any action at law, to the extent and value of any balance due by the owner to his contractor under the contract with him, at the time of the notice first given as provided in § 44-9-10 , or subsequently, according to such contract or under the same.

Source: SL 1879, ch 41, § 4; CL 1887, § 2042; RPolC 1903, § 2576; SL 1909, ch 51, § 4; SL 1915, ch 243, § 4; RC 1919, § 1634; SDC 1939, § 39.0705.
S.D. Codified Laws § 44-13-3 — SD Code / Title 44 / Chapter 13 / Section 44-13-3
Property of married person subject to lien--Application of lien to joint tenancy
Status: in_force

If any person receiving such ambulance service be a married person, the lien therein established shall also be a lien upon all the property, real and personal including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or wife of such person receiving ambulance service as the case may be. Such lien shall not sever a joint tenancy nor affect the right of survivorship except that the lien shall be enforceable to the extent that the person receiving ambulance service had an interest prior to his death.

Source: SL 1969, ch 29.
S.D. Codified Laws § 44-5-5 — SD Code / Title 44 / Chapter 5 / Section 44-5-5
Lien not extinguished by limitation of action on main obligation
Status: in_force

A lien is not extinguished by the mere lapse of the time within which an action could be brought upon the main obligation under the statutes of limitation of actions.

Source: CivC 1877, § 1719; CL 1887, § 4343; RCivC 1903, § 2039; RC 1919, § 1544; SDC 1939, § 39.0121.
S.D. Codified Laws § 44-4-1 — SD Code / Title 44 / Chapter 4 / Section 44-4-1
Liens subject to release by undertaking
Status: in_force

When any mechanics', miners', laborers', or materialmen's lien on real or personal property or on the proceeds of public improvement contracts, lien for the service of sires, seed lien, crop production lien, or vaccination of livestock lien under the provisions of chapters 5-22 , 38-17 , 40-27 , 44-9 , and 44-11 , is filed against real or personal property located in this state, the property affected may be released by an undertaking in the manner provided in this chapter.

Source: SL 1966, ch 124, § 1.
S.D. Codified Laws § 44-8-1.4 — SD Code / Title 44 / Chapter 8 / Section 44-8-1.4
Mortgage assigned with debt
Status: in_force

The assignment of a debt secured by a real estate mortgage carries with it the security.

Source: CivC 1877, § 1727, subdiv 4; CL 1887, § 4351, subdiv 4; RCivC 1903, § 2047, subdiv 4; RC 1919, § 1551 (4); SDC 1939, § 39.0207 (4); repealed SL 1966, ch 150, § 10-102; re - enacted SL 1970, ch 251.
S.D. Codified Laws § 44-8-9 — SD Code / Title 44 / Chapter 8 / Section 44-8-9
Mortgage of real property--Acknowledgment or proof--Certification and recording
Status: in_force

Mortgages of real property may be acknowledged or proved, certified, and recorded in like manner and with like effect as grants thereof.

Source: CivC 1877, § 1738; CL 1887, § 4368; RCivC 1903, § 2065; RC 1919, § 1569; SDC 1939, § 39.0304.
S.D. Codified Laws § 44-2-9 — SD Code / Title 44 / Chapter 2 / Section 44-2-9
Filing of lien statement without reasonable grounds--False statements in instrument--Noncompliance with demand for discharge--Civil action for damages--Penalty included in judgment
Status: in_force

Any person who shall file such a lien statement without reasonable grounds to believe that he is entitled to such lien or who shall file a statement containing any willfully made false substantial statement and who shall fail upon demand to execute and deliver to the property owner a full and complete discharge of such lien claim shall be liable in a civil action for all damages, expenses, and costs, including attorney's fees, caused to the property owner and an additional penalty of one hundred dollars to be included in the judgment in such action.

Source: SDC 1939, § 39.0124.
S.D. Codified Laws § 44-8-27 — SD Code / Title 44 / Chapter 8 / Section 44-8-27
Due-on-sale clause defined
Status: in_force

For the purpose of this section and § 44-8-28 , a due - on - sale clause is a provision of a real estate mortgage which requires that the note secured by the mortgage be paid at the time the property is transferred and no assumption of the original note is permitted.

Source: SL 1981, ch 311, § 1.
S.D. Codified Laws § 44-9-32 — SD Code / Title 44 / Chapter 9 / Section 44-9-32
Pleadings in action to foreclose lien--Denial of averments of answer
Status: in_force

All averments of the answer shall be deemed denied without further pleading.

Source: SL 1913, ch 263, § 10; SL 1917, ch 295, § 3; RC 1919, § 1652; SDC 1939, § 39.0716.
S.D. Codified Laws § 44-12-7 — SD Code / Title 44 / Chapter 12 / Section 44-12-7
Notice of hospital lien--Copy mailed to insurance carrier by hospital--Disclosure of name of carrier
Status: in_force

Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm, or corporation against such liability. Such person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose the name of the insurance carrier which has insured such person, firm, or corporation against such liability.

Source: SL 1964, ch 112, § 2.
S.D. Codified Laws § 44-3-7 — SD Code / Title 44 / Chapter 3 / Section 44-3-7
Satisfaction of prior lien by special lien holder--Enforcement of repayment of amount
Status: in_force

Where a holder of a special lien satisfies a prior lien for his own protection he may enforce payment of the amount so paid by him as a part of the claim for which his own lien exists.

Source: CivC 1877, § 1700; CL 1887, § 4324; RCivC 1903, § 2020; RC 1919, § 1525; SDC 1939, § 39.0106.
S.D. Codified Laws § 44-10-10 — SD Code / Title 44 / Chapter 10 / Section 44-10-10
Pledgee's sale of securities--Evidences of debt--Exception
Status: in_force

A pledgee cannot sell any evidences of debt pledged to him except the obligations of governments, states, or their subdivisions and public and private corporations; but he may collect the same when due.

Source: CivC 1877, § 1777; CL 1887, § 4412; RCivC 1903, § 2124; RC 1919, § 1625; SDC 1939, § 39.0512.
S.D. Codified Laws § 44-10-4 — SD Code / Title 44 / Chapter 10 / Section 44-10-4
Lienor may pledge property to the extent of his lien
Status: in_force

One who has a lien on property may pledge it to the extent of his lien.

Source: CivC 1877, § 1761; CL 1887, § 4396; RCivC 1903, § 2108; RC 1919, § 1609; SDC 1939, § 39.0504.
S.D. Codified Laws § 44-8-30 — SD Code / Title 44 / Chapter 8 / Section 44-8-30
Certificate of release--Conditions
Status: in_force

Any officer or duly appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor title to all or a part of the property described in a mortgage, execute a certificate of release that complies with the requirements of §§ 44-8-30 to 44-8-35 , inclusive, and record the certificate of release in the real property records of each county in which the mortgage is recorded if a satisfaction or release of the mortgage has not been executed and recorded after the date payment in full of the loan secured by the mortgage was received in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer.

Source: SL 1997, ch 251, § 2; SL 2002, ch 201, § 1.
S.D. Codified Laws § 44-8-1.3 — SD Code / Title 44 / Chapter 8 / Section 44-8-1.3
Mortgagor not bound to personal performance
Status: in_force

A real estate mortgage does not bind the mortgagor personally to perform the act for the performance of which it is a security unless there is an express covenant therein to that effect.

Source: CivC 1877, § 1727, subdiv 3; CL 1887, § 4351, subdiv 3; RCivC 1903, § 2047, subdiv 3; RC 1919, § 1551 (3); SDC 1939, § 39.0207 (3); repealed SL 1966, ch 150, § 10-102; re - enacted SL 1970, ch 251.
S.D. Codified Laws § 44-8-3 — SD Code / Title 44 / Chapter 8 / Section 44-8-3
Standard form of real estate mortgage
Status: in_force

The standard form of real estate mortgages is as follows:

This mortgage, made this ________ day of ________ in the year 20____, by ________ of ________ county and state of ________ mortgagor, to ________ of ________ P. O., county of ________ and state of ________, mortgagee:

Witnesseth, that said mortgagor - - hereby mortgage - - to said mortgagee ________ the following described premises situated in the county of ________ and State of South Dakota, to wit:

Said mortgagor - - further agree - - to pay all taxes and assessments that may be levied upon said premises, before the same shall become delinquent (and to keep the buildings, if any, upon said premises safely insured for the benefit of said mortgagee - - in the sum of ________ dollars against loss by fire ________ and deliver the insurance policies to said mortgagee).

In case of the mortgagor's failure to pay said taxes or assessments before the same become delinquent or to pay insurance premiums for insurance on said buildings, said mortgagee - - or assignee may do so and the amounts so paid, with interest at ________ percent, from date of payment, shall be added to and deemed a part of the money secured by this mortgage. Said mortgagor - - hereby relinquish - - rights of homestead in said premises and warrant that - - he ________ the owner - - in fee of said premises, and that the same are free from all encumbrances.

In case of default in the payment of said principal sum of money or any part thereof, or interest thereon at the time or times above specified for payment thereof, or in case of nonpayment of any taxes, assessments, or insurance as aforesaid, or of breach of any covenant or agreement herein contained, then and in either case, the whole, principal and interest, of said note - - shall at the option of the holder thereof, immediately become due and payable, and this mortgage may be foreclosed by action, or by advertisement as provided by statute or the rules of practice relating thereto, and this paragraph shall be deemed as authorizing and constituting a power of sale as mentioned in said statutes or rules, and any amendatory thereof.

Source: SL 1911, ch 257, § 3; RC 1919, § 1566; SDC 1939, § 39.0301.
S.D. Codified Laws § 44-8-28 — SD Code / Title 44 / Chapter 8 / Section 44-8-28
Inclusion of due-on-sale clause in mortgage required for enforcement
Status: in_force

No lender may enforce a due - on - sale clause unless the real estate mortgage includes such clause.

Source: SL 1981, ch 311, § 2.
S.D. Codified Laws § 44-9-39 — SD Code / Title 44 / Chapter 9 / Section 44-9-39
Postponement of trial of foreclosure action--Omitted parties--Lien claim not due--Allowance of present worth of claim
Status: in_force

If upon the trial of such action, or at any time before the rendition of final judgment therein, it shall appear to the satisfaction of the court that a proper party who may still be brought in has been omitted, or that any party then entitled to answer has not yet appeared, or that for any other reason the trial or judgment should be delayed, or the judgment as ordered or entered be modified, the court may postpone the trial, or make such other or further order in the premises as shall be just, and if it be found that any indebtedness for which a lien is demanded be not then due, the same shall be allowed for the amount of its present worth.

Source: SL 1913, ch 263, § 13; RC 1919, § 1655; SDC 1939, § 39.0718.
S.D. Codified Laws § 44-11-12 — SD Code / Title 44 / Chapter 11 / Section 44-11-12
Levy of attachment or execution on personal property--Special lien of officer on property until process is released
Status: in_force

An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had.

Source: CivC 1877, § 1811; CL 1887, § 4446; RCivC 1903, § 2158; RC 1919, § 1699; SDC 1939, § 39.1504.
S.D. Codified Laws § 44-13-4 — SD Code / Title 44 / Chapter 13 / Section 44-13-4
Foreclosure, compromise, or settlement of lien--Applicable law
Status: in_force

Any lien established by virtue of this chapter may be foreclosed by action or compromised and settled in the manner prescribed by chapter 28-14 , relating to public aid to poor liens.

Source: SL 1969, ch 29.
S.D. Codified Laws § 44-9-34 — SD Code / Title 44 / Chapter 9 / Section 44-9-34
Foreclosure of liens--Appointment of receiver on request of majority of lien holders, parties to action
Status: in_force

Whenever action has been commenced for the foreclosure of liens, under this chapter, and a majority of the lien holders, parties to such action, shall by motion request the appointment of a receiver, the court may appoint a receiver to take possession of all the property covered by such liens and to take care of and preserve the same.

Source: SL 1909, ch 51, § 8; SL 1915, ch 243, § 8; RC 1919, § 1638; SDC 1939, § 39.0717.
S.D. Codified Laws § 44-9-40 — SD Code / Title 44 / Chapter 9 / Section 44-9-40
Judgment for lien holder--Amount demanded and proved--Costs fixed by court--Excluded from lien of other property
Status: in_force

Judgment shall be given in favor of each lien holder for the amount demanded and proved by him, with costs and disbursements to be fixed by the court at the trial, and such amount shall not be included in the lien of any other party.

Source: SL 1913, ch 263, § 13; RC 1919, § 1655; SDC 1939, § 39.0718.
S.D. Codified Laws § 44-8-1.2 — SD Code / Title 44 / Chapter 8 / Section 44-8-1.2
After-acquired title of real property mortgagor
Status: in_force

Title to real property acquired by the mortgagor subsequent to the execution of the mortgage inures to the mortgagee as security for the debt in like manner as if acquired before execution.

Source: CivC 1877, § 1727, subdiv 2; CL 1887, § 4351, subdiv 2; RCivC 1903, § 2047, subdiv 2; RC 1919, § 1551 (2); SDC 1939, § 39.0207 (2); repealed SL 1966, ch 150, § 10-102; re - enacted SL 1970, ch 251.
S.D. Codified Laws § 44-4-4 — SD Code / Title 44 / Chapter 4 / Section 44-4-4
Affidavit to release property from lien by undertaking--Filing fee--Recording of documents--Certified copies as evidence
Status: in_force

The officer before whom the proceedings are held may charge a fee in accordance with subdivision 7-9-15(3) upon the filing of the affidavit and undertaking and notice, and the documents shall be filed or recorded in the same manner as the notice of lien. Certified copies of the documents shall be prima facie evidence, in the courts of this state, of the matters therein contained.

Source: SL 1966, ch 124, § 5; SL 1999, ch 33, § 4.
S.D. Codified Laws § 44-9-22 — SD Code / Title 44 / Chapter 9 / Section 44-9-22
Neglect of lien holder to satisfy lien on demand--Damages--Attorney fees--Additional penalty
Status: in_force

If any holder of a lien under the provisions of this chapter shall neglect to execute and deliver such satisfaction within ten days after written demand therefor by the owner of the property or any person interested therein, when such lien has in fact been satisfied as provided in § 44-9-21 , he shall be liable to the person demanding such satisfaction for all damages, costs, and expenses, including attorney's fees, and an additional penalty of one hundred dollars.

Source: CCivP 1877, § 670; SL 1879, ch 41, § 7; CL 1887, §§ 2045, 5484; RPolC 1903, § 2579; RCCivP 1903, § 711; SL 1909, ch 51, § 9; SL 1915, ch 243, § 9; RC 1919, §§ 1639, 1659; SDC 1939, § 39.0711.
S.D. Codified Laws § 44-9-10 — SD Code / Title 44 / Chapter 9 / Section 44-9-10
Materials or services furnished to contractor--Lien account and notice of claim furnished to owner--Withholding of payments from contractor to protect lien claimants
Status: in_force

Any person furnishing any of the items for which a lien may be claimed under the provisions of § 44-9-1 under a contract, either express or implied between the owner of the property or his duly authorized agent or representative, and any contractor working upon or about such property may serve upon the owner, or his duly authorized agent or representative at any time, a sworn account and notice of his claim showing the items and amounts and the dates that the same were furnished, and thereupon the owner shall withhold from his contractor so much of the contract price as may be necessary to meet the claims of persons who have served such accounts and notices.

Source: SL 1879, ch 41, § 2; CL 1887, § 2040; RPolC 1903, § 2574; SL 1909, ch 51, § 2; SL 1913, ch 263, § 6; SL 1915, ch 243, § 2; RC 1919, §§ 1632, 1648; SDC 1939, § 39.0703.
S.D. Codified Laws § 44-8-14 — SD Code / Title 44 / Chapter 8 / Section 44-8-14
Discharge of recorded mortgage--Certificate of release, contents, recording, fee
Status: in_force

A recorded mortgage may be discharged upon the records of a register of deeds by filing for record and causing to be recorded at length a certificate signed by the mortgagee or his successor in interest by succession, assignment, representation, or otherwise, acknowledged, or proved and certified as prescribed by the statutes relating to recording acts, fully stating the names of the mortgagor, the mortgagee, the date of the mortgage, the date, county, state, book, and page of record of the mortgage, description of the mortgaged premises or part thereof sought to be released, and that the same are fully and completely released from all lien, force, and effect of the mortgage, or that the same is fully paid, satisfied, or discharged, or partially paid, satisfied, or discharged, and the extent thereof, as the case may be. The register of deeds shall record all such instruments upon the payment of the fee prescribed by law, and shall make note upon the margin of the record of the mortgage to the book and page where the discharge is recorded.

Source: CivC 1877, § 1735, subdivs 4, 5; CL 1887, §§ 4363, 4364; SL 1893, ch 119; RCivC 1903, §§ 2059, 2060; RC 1919, §§ 1563, 1564; SDC 1939, § 39.0214.