reglab/housing_qa huggingface dataset:
SD Codified L § 43-11-33 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-33 - Liability of power to claims of creditors.

43-11-33. Liability of power to claims of creditors.Every special and beneficial power is liable to the claims of creditors in the same manner as other interests that cannot be reached by execution, and the execution of the power may be adjudged for the benefit of the creditors entitled. Source: CivC 1877, §348; CL 1887, §2864; RCivC 1903, §371; RC 1919, §438; SDC 1939, §59.0451.
SD Codified L § 43-11-34 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-34 - Execution of trust power for benefit of creditors or assignees of beneficiary.

43-11-34. Execution of trust power for benefit of creditors or assignees of beneficiary.The execution, in whole or in part, of any trust power, may be adjudged for the benefit of the creditors or assignees of any person entitled as one of the beneficiaries of the trust, to compel its execution when his interest is transferable. Source: CivC 1877, §356; CL 1887, §2872; RCivC 1903, §379; RC 1919, §446; SDC 1939, §59.0459.
SD Codified L § 43-11-35 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-35 - Right of trustee to select or exclude beneficiaries of trust.

43-11-35. Right of trustee to select or exclude beneficiaries of trust.A trust power does not cease to be imperative where the trustee has the right to select any and exclude others of the persons designated as the beneficiaries of the trust. Source: CivC 1877, §351; CL 1887, §2867; RCivC 1903, §374; RC 1919, §441; SDC 1939, §59.0454.
SD Codified L § 43-11-36 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-36 - Release of power to appoint--Execution by donee--Terms and conditions.

43-11-36. Release of power to appoint--Execution by donee--Terms and conditions.A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, his estate, his creditors, the creditors of his estate, or others, is releasable either with or without consideration, by written instrument executed by the donee. A power to appoint described herein is releasable with respect to the whole or any part of the property subject to such power and is also releasable in such manner as to reduce or limit the persons or objects in whose favor such power would otherwise be exercisable. Source: SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
SD Codified L § 43-11-37 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-37 - Validity of release of power to appoint.

43-11-37. Validity of release of power to appoint.It is hereby declared that releases pursuant to §43-11-36 are in accordance with the public policy of this state and are valid and effectual whether heretofore or hereafter made. Source: SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
SD Codified L § 43-11-38 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-38 - Release of power to appoint--Filing and recording--Sufficiency of delivery.

43-11-38. Release of power to appoint--Filing and recording--Sufficiency of delivery.If an instrument pursuant to §43-11-36 shall be executed and acknowledged in the manner provided for the execution and acknowledgment of instruments affecting real estate and filed for record and recorded in the office of the register of deeds of the county in which the donee of the power resides, the county of last residence of the donor of the power or the county in which any real estate which may be subject to the power is located, such filing and recording shall be deemed a sufficient delivery of such release. Source: SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
SD Codified L § 43-11-39 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-39 - Capacity to execute a power.

43-11-39. Capacity to execute a power.A power cannot be executed by any person not capable of disposing of real property. Source: CivC 1877, §314; CL 1887, §2830; RCivC 1903, §337; RC 1919, §406; SDC 1939, §59.0419.
SD Codified L § 43-11-40 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-40 - Married woman's capacity to execute a power.

43-11-40. Married woman's capacity to execute a power.A married woman may execute a power during her marriage without the concurrence of her husband unless otherwise prescribed by the terms of the power. Source: CivC 1877, §315; CL 1887, §2831; RCivC 1903, §338; RC 1919, §407; SDC 1939, §59.0420.
SD Codified L § 43-11-41 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-41 - Effect of execution of power by married woman.

43-11-41. Effect of execution of power by married woman.When a married woman, entitled to an estate in fee, is authorized by a power to dispose of such estate during her marriage, she may, by virtue of such power, create any estate which she might create if unmarried. Source: CivC 1877, §332; CL 1887, §2848; RCivC 1903, §355; RC 1919, §423; SDC 1939, §59.0436.
SD Codified L § 43-11-42 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-42 - Execution of power vested in several persons.

43-11-42. Execution of power vested in several persons.Where a power is vested in several persons, all must unite in its execution; but in case any one or more of them is dead, the power may be executed by the survivor or survivors unless otherwise prescribed by the terms of the power. Source: CivC 1877, §318; CL 1887, §2834; RCivC 1903, §341; RC 1919, §409; SDC 1939, §59.0422.
SD Codified L § 43-11-43 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-43 - Written instrument required for execution of power.

43-11-43. Written instrument required for execution of power.A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power, if the person executing the power was the actual owner. Source: CivC 1877, §317; CL 1887, §2833; RCivC 1903, §340; RC 1919, §408; SDC 1939, §59.0421.
SD Codified L § 43-11-44 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-44 - Power to dispose by grant not subject to execution by will.

43-11-44. Power to dispose by grant not subject to execution by will.Where a power is confined to a disposition by grant, it cannot be executed by will even though the disposition is not intended to take effect until after the death of the person executing the power. Source: CivC 1877, §320; CL 1887, §2836; RCivC 1903, §343; RC 1919, §411; SDC 1939, §59.0424.
SD Codified L § 43-11-45 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-45 - Power to dispose by devise or will--Execution by will required.

43-11-45. Power to dispose by devise or will--Execution by will required.Where a power to dispose of real property is confined to a disposition by devise or will, the instrument of execution must be a will duly executed according to the provisions of the law relating to wills. Source: CivC 1877, §319; CL 1887, §2835; RCivC 1903, §342; RC 1919, §410; SDC 1939, §59.0423.
SD Codified L § 43-11-46 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-46 - Power authorizing execution of instrument insufficient to pass estate--Law governing.

43-11-46. Power authorizing execution of instrument insufficient to pass estate--Law governing.Where the author of a power has directed or authorized it to be executed by an instrument which would not be sufficient in law to pass the estate, the power is not void but its execution is to be governed by the rules prescribed in §§43-11-44 and 43-11-45. Source: CivC 1877, §321; CL 1887, §2837; RCivC 1903, §344; RC 1919, §412; SDC 1939, §59.0425.
SD Codified L § 43-11-47 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-47 - Power directing formalities in addition to legal requirements--Observance unnecessary.

43-11-47. Power directing formalities in addition to legal requirements--Observance unnecessary.Where the author of a power has directed any formalities to be observed in its execution, in addition to those which would be sufficient to pass the estate, the observance of such additional formalities is not necessary to a valid execution of the power. Source: CivC 1877, §322; CL 1887, §2838; RCivC 1903, §345; RC 1919, §413; SDC 1939, §59.0426.
SD Codified L § 43-11-48 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-48 - Instrument in execution of power a conveyance--Record required.

43-11-48. Instrument in execution of power a conveyance--Record required.Every instrument except a will, in execution of a power, even though the power is one of revocation only, is to be deemed a conveyance within the meaning of chapter 43-28 relating to recording transfers. Source: CivC 1877, §328; CL 1887, §2844; RCivC 1903, §351; RC 1919, §419; SDC 1939, §59.0432.
SD Codified L § 43-11-49 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-49 - Nominal conditions annexed to power disregarded.

43-11-49. Nominal conditions annexed to power disregarded.Where the conditions annexed to a power are merely nominal and evince no intention of actual benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded in the execution of the power. Source: CivC 1877, §323; CL 1887, §2839; RCivC 1903, §346; RC 1919, §414; SDC 1939, §59.0427.
SD Codified L § 43-11-50 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-50 - Intention of author of power to be observed--Exception.

43-11-50. Intention of author of power to be observed--Exception.With the exceptions contained in §§43-11-46 to 43-11-49, inclusive, the intentions of the author of a power as to the mode, time, and conditions of its execution must be observed, subject to the power of a circuit court to supply a defective execution in the cases provided in §§43-11-61 and 43-11-62. Source: CivC 1877, §324; CL 1887, §2840; RCivC 1903, §347; RC 1919, §415; SDC 1939, §59.0428.
SD Codified L § 43-11-51 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-51 - Consent of third person to execution of power--Writing required--Signature.

43-11-51. Consent of third person to execution of power--Writing required--Signature.When the consent of a third person to the execution of a power is requisite, such consent must be expressed in the instrument by which the power is executed or be certified in writing thereon. In the first case the instrument of execution, in the second, the certificate, must be subscribed by the party whose consent is required and to entitle the instrument to be recorded, such signature must be duly proved or acknowledged according to chapter 18-4. Source: CivC 1877, §325; CL 1887, §2841; RCivC 1903, §348; RC 1919, §416; SDC 1939, §59.0429.
SD Codified L § 43-11-52 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-52 - Consent of several persons to execution of power--Sufficiency of consent of survivors.

43-11-52. Consent of several persons to execution of power--Sufficiency of consent of survivors.Where the consent of several persons to the execution of a power is requisite, all must consent thereto; but in case any one or more of them is dead, the consent of the survivors is sufficient, unless otherwise prescribed by the terms of the power. Source: CivC 1877, §326; CL 1887, §2842; RCivC 1903, §349; RC 1919, §417; SDC 1939, §59.0430.
SD Codified L § 43-11-53 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-53 - Effect of more extensive disposition or charge than authorized by power.

43-11-53. Effect of more extensive disposition or charge than authorized by power.A disposition or charge by virtue of a power more extensive than was authorized thereby is not therefore void; but every estate or interest so created so far as it is embraced by the terms of the power, is valid. Source: CivC 1877, §329; CL 1887, §2845; RCivC 1903, §352; RC 1919, §420; SDC 1939, §59.0433.
SD Codified L § 43-11-54 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-54 - Time during which right of alienation suspended by instrument in execution of power.

43-11-54. Time during which right of alienation suspended by instrument in execution of power.The period during which the absolute right of alienation may be suspended by an instrument in execution of a power must be computed not from the date of the instrument but from the time of the creation of the power. Source: CivC 1877, §330; CL 1887, §2846; RCivC 1903, §353; RC 1919, §421; SDC 1939, §59.0434.
SD Codified L § 43-11-55 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-55 - Conditions existing at the time of the creation of a power determine legality.

43-11-55. Conditions existing at the time of the creation of a power determine legality.No estate or interest can be given or limited to any person by an instrument in execution of a power which could not have been given or limited at the time of the creation of the power. Source: CivC 1877, §331; CL 1887, §2847; RCivC 1903, §354; RC 1919, §422; SDC 1939, §59.0435.
SD Codified L § 43-11-56 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-56 - Discretionary power of trustee as to distribution of estate or fund.

43-11-56. Discretionary power of trustee as to distribution of estate or fund.Where the terms of a power import that the estate or fund is to be distributed among several persons designated in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any one or more of such persons in exclusion of the others. Source: CivC 1877, §353; CL 1887, §2869; RCivC 1903, §376; RC 1919, §443; SDC 1939, §59.0456.
SD Codified L § 43-11-57 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-57 - Disposition under power to several persons--Allotment in equal proportions.

43-11-57. Disposition under power to several persons--Allotment in equal proportions.Where a disposition under a power is directed to be made to, among, or between several persons without any specification of the share or sum to be allotted to each, all the persons designated are entitled in equal proportions. Source: CivC 1877, §352; CL 1887, §2868; RCivC 1903, §375; RC 1919, §442; SDC 1939, §59.0455.
SD Codified L § 43-11-58 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-58 - Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.

43-11-58. Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution must be adjudged for the benefit equally of all the persons designated as objects of the trust. Source: CivC 1877, §354; CL 1887, §2870; RCivC 1903, §377; RC 1919, §444; SDC 1939, §59.0457.
SD Codified L § 43-11-59 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-59 - Fraud in instruments in execution of a power.

43-11-59. Fraud in instruments in execution of a power.Instruments in execution of a power are affected by fraud in the same manner as like instruments executed by owners or trustees. Source: CivC 1877, §334; CL 1887, §2850; RCivC 1903, §357; RC 1919, §425; SDC 1939, §59.0438.
SD Codified L § 43-11-60 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-60 - Valid execution of instrument without reference to power.

43-11-60. Valid execution of instrument without reference to power.Every instrument executed by the holder of a power conveying an estate or creating a charge which such holder would have no right to convey or create except by virtue of his power, is to be deemed a valid execution of the power, even though not recited or referred to therein. Source: CivC 1877, §327; CL 1887, §2843; RCivC 1903, §350; RC 1919, §418; SDC 1939, §59.0431.
SD Codified L § 43-11-61 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-61 - Defective execution of power--Proper execution adjudged in favor of beneficiaries.

43-11-61. Defective execution of power--Proper execution adjudged in favor of beneficiaries.Where the execution of a power in trust is defective in whole or in part under the provisions of this chapter, its proper execution may be adjudged in favor of the persons designated as the objects of the trust. Source: CivC 1877, §357; CL 1887, §2873; RCivC 1903, §380; RC 1919, §447; SDC 1939, §59.0460.
SD Codified L § 43-11-62 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-62 - Defective execution of power--Relief of purchasers for a valuable consideration.

43-11-62. Defective execution of power--Relief of purchasers for a valuable consideration.Purchasers for a valuable consideration, claiming under a defective execution of a power, are entitled to the same relief as similar purchasers claiming under a defective conveyance from an actual owner. Source: CivC 1877, §333; CL 1887, §2849; RCivC 1903, §356; RC 1919, §424; SDC 1939, §59.0437.
SD Codified L § 43-11-63 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-63 - Failure to designate person to execute power in trust created by will--Execution by circuit court.

43-11-63. Failure to designate person to execute power in trust created by will--Execution by circuit court.Where a power in trust is created by will and the testator has omitted to designate, expressly or by necessary implication, by whom the power is to be executed, its execution devolves on the circuit court. Source: CivC 1877, §355; CL 1887, §2871; RCivC 1903, §378; RC 1919, §445; SDC 1939, §59.0458.
SD Codified L § 43-11-64 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-64 - Misconduct of trustee--Removal by circuit court--Law governing.

43-11-64. Misconduct of trustee--Removal by circuit court--Law governing.The provisions of title 55, saving the rights of other persons from prejudice by the misconduct of trustees and authorizing the circuit court to remove and appoint trustees apply equally to powers in trust and the trustees of such powers. Source: CivC 1877, §358; CL 1887, §2874; RCivC 1903, §381; RC 1919, §448; SDC 1939, §59.0461; SL 2017, ch 204, §30.
SD Codified L § 43-12-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 12 - Real Property Covenants|Section 43-12-1 - Covenants running with land defined.

43-12-1. Covenants running with land defined.Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor, and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such covenants are said to run with the land. Source: CivC 1877, §819; CL 1887, §3443; RCivC 1903, §1136; RC 1919, §743; SDC 1939, §51.0423.
SD Codified L § 43-12-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 12 - Real Property Covenants|Section 43-12-2 - Classification of covenants running with land.

43-12-2. Classification of covenants running with land.The only covenants which run with the land are:(1)Those made for the direct benefit of the property or some part of it, then in existence;(2)Covenants of warranty for quiet enjoyment or for further assurance, on the part of the grantor;(3)Covenants for the payment of rent or of taxes or assessments upon the land, on the part of a grantee; and(4)All covenants incidental to any of the foregoing covenants. Source: CivC 1877, §§820 to 822; CL 1887, §§3444 to 3446; RCivC 1903, §§1137 to 1139; RC 1919, §§744 to 746; SDC 1939, §51.0424.
SD Codified L § 43-12-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 12 - Real Property Covenants|Section 43-12-3 - Parties bound by covenants running with land.

43-12-3. Parties bound by covenants running with land.A covenant running with the land binds those only who acquire the whole estate of the covenantor in all or some part of the property. Source: CivC 1877, §824; CL 1887, §3448; RCivC 1903, §1141; RC 1919, §748; SDC 1939, §51.0425.
SD Codified L § 43-12-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 12 - Real Property Covenants|Section 43-12-4 - Covenants running with land--Limitation to certain assigns.

43-12-4. Covenants running with land--Limitation to certain assigns.A covenant for the addition of some new thing to real property, or for the direct benefit of some part of the property not then in existence or annexed thereto, when contained in a grant of an estate in such property, and made by the covenantor expressly for his assigns, or to the assigns of the covenantee, runs with the land so far only as the assigns thus mentioned are concerned. Source: CivC 1877, §823; CL 1887, §3447; RCivC 1903, §1140; RC 1919, §747; SDC 1939, §51.0426.
SD Codified L § 43-12-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 12 - Real Property Covenants|Section 43-12-5 - Liability for breach of covenant running with land.

43-12-5. Liability for breach of covenant running with land.No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits. Source: CivC 1877, §825; CL 1887, §3449; RCivC 1903, §1142; RC 1919, §749; SDC 1939, §51.0427.
SD Codified L § 43-12-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 12 - Real Property Covenants|Section 43-12-6 - Apportionment of burden or benefit of covenant running with land between several titles.

43-12-6. Apportionment of burden or benefit of covenant running with land between several titles.Where several persons holding by several titles are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity. Source: CivC 1877, §826; CL 1887, §3450; RCivC 1903, §1143; RC 1919, §750; SDC 1939, §51.0428.
SD Codified L § 43-13-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 13 - Easements And Servitudes|Section 43-13-1 - Granting and holding of servitudes not attached to land.

43-13-1. Granting and holding of servitudes not attached to land.The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:(1)The right to pasture, and of fishing and taking game;(2)The right of a seat in church;(3)The right of burial;(4)The right of taking rents and tolls;(5)The right of way;(6)The right of taking water, wood, minerals, or other things. Source: CivC 1877, §245; CL 1887, §2761; RCivC 1903, §268; RC 1919, §338; SDC 1939, §51.0602.