reglab/housing_qa huggingface dataset:
SD Codified L § 43-9-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-3 - Reversion, definition.

43-9-3. Reversion, definition.A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised. Source: CivC 1877, §225; CL 1887, §2741; RCivC 1903, §248; RC 1919, §318; SDC 1939, §51.0409.
SD Codified L § 43-9-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-4 - Remainder, definition.

43-9-4. Remainder, definition.When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. Source: CivC 1877, §226; CL 1887, §2742; RCivC 1903, §249; RC 1919, §319; SDC 1939, §51.0410.
SD Codified L § 43-9-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-5 - Contingent remainder in fee created on prior remainder in fee.

43-9-5. Contingent remainder in fee created on prior remainder in fee.A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain majority. Source: CivC 1877, §229; CL 1887, §2745; RCivC 1903, §252; RC 1919, §322; SDC 1939, §51.0413.
SD Codified L § 43-9-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-6 - Successive estates for life--Limitation.

43-9-6. Successive estates for life--Limitation.Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created. Source: CivC 1877, §231; CL 1887, §2747; RCivC 1903, §254; RC 1919, §324; SDC 1939, §51.0415.
SD Codified L § 43-9-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-7 - Remainder upon successive estates for life.

43-9-7. Remainder upon successive estates for life.No remainder can be created upon successive estates for life, provided for in §43-9-6, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term. Source: CivC 1877, §232; CL 1887, §2748; RCivC 1903, §255; RC 1919, §325; SDC 1939, §51.0416.
SD Codified L § 43-9-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-9 - Estate for life cannot be limited as a remainder on a term of years--Exception.

43-9-9. Estate for life cannot be limited as a remainder on a term of years--Exception.No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate. Source: CivC 1877, §234; CL 1887, §2750; RCivC 1903, §257; RC 1919, §327; SDC 1939, §51.0418.
SD Codified L § 43-9-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-10 - Conditional limitation--Remainder limited on contingency.

43-9-10. Conditional limitation--Remainder limited on contingency.A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. Source: CivC 1877, §235; CL 1887, §2751; RCivC 1903, §258; RC 1919, §328; SDC 1939, §51.0419.
SD Codified L § 43-9-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-11 - Rights of heirs of life tenant when made remaindermen.

43-9-11. Rights of heirs of life tenant when made remaindermen.When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life. Source: CivC 1877, §236; CL 1887, §2752; RCivC 1903, §259; RC 1919, §329; SDC 1939, §51.0420.
SD Codified L § 43-9-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-12 - Effect of remainder limited on estate for life or for years.

43-9-12. Effect of remainder limited on estate for life or for years.When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration by lapse of time of such term of years. Source: CivC 1877, §237; CL 1887, §2753; RCivC 1903, §260; RC 1919, §330; SDC 1939, §51.0421.
SD Codified L § 43-9-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-14 - Action for injury to inheritance--Right to maintain.

43-9-14. Action for injury to inheritance--Right to maintain.A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. Source: CivC 1877, §264; CL 1887, §2780; RCivC 1903, §287; RC 1919, §357; SDC 1939, §51.0709.
SD Codified L § 43-11-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-1 - Powers restricted to those specified.

43-11-1. Powers restricted to those specified.Powers in relation to real property are those only which are specified in this chapter. Source: CivC 1877, §296; CL 1887, §2812; RCivC 1903, §319; RC 1919, §388; SDC 1939, §59.0401.
SD Codified L § 43-11-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-2 - Creation of beneficial power in relation to real property limited.

43-11-2. Creation of beneficial power in relation to real property limited.No beneficial power, general or special, not specified and defined in this chapter can hereafter be created. Source: CivC 1877, §349; CL 1887, §2865; RCivC 1903, §372; RC 1919, §439; SDC 1939, §59.0452.
SD Codified L § 43-11-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-3 - Simple power of attorney to convey not covered by chapter.

43-11-3. Simple power of attorney to convey not covered by chapter.The provisions of this chapter do not extend to a simple power of attorney to convey real property in the name of the owner and for his benefit. Source: CivC 1877, §297; CL 1887, §2813; RCivC 1903, §320; RC 1919, §389; SDC 1939, §59.0402.
SD Codified L § 43-11-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-4 - Power, definition.

43-11-4. Power, definition.A power as the term is used in this chapter is an authority to do some act in relation to real property or to the creation or revocation of an estate therein or a charge thereon which the owner granting or reserving such power might himself perform for any purpose. Source: CivC 1877, §298; CL 1887, §2814; RCivC 1903, §321; RC 1919, §390; SDC 1939, §59.0403.
SD Codified L § 43-11-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-5 - Definition of terms--Author of power--Holder of power.

43-11-5. Definition of terms--Author of power--Holder of power.The author of a power as the term is used in this chapter is the person by whom a power is created, whether by grant or devise; and the holder of a power is the person in whom the power is vested, whether by grant, devise, or reservation. Source: CivC 1877, §299; CL 1887, §2815; RCivC 1903, §322; RC 1919, §391; SDC 1939, §59.0404.
SD Codified L § 43-11-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-6 - Classification of powers.

43-11-6. Classification of powers.Powers are general or special and beneficial or in trust. Source: CivC 1877, §300; CL 1887, §2816; RCivC 1903, §323; RC 1919, §392; SDC 1939, §59.0405.
SD Codified L § 43-11-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-7 - General power defined.

43-11-7. General power defined.A power is general when it authorizes the alienation or encumbrance of a fee in the property embraced therein by grant, will, or charge, or any of them in favor of any person whatever. Source: CivC 1877, §301; CL 1887, §2817; RCivC 1903, §324; RC 1919, §393; SDC 1939, §59.0406.
SD Codified L § 43-11-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-8 - Special power defined.

43-11-8. Special power defined.A power is special:(1)When a person or class of persons is designated, to whom the disposition of property under the power is to be made; or(2)When it authorizes the alienation or encumbrance, by means of a grant, will, or charge, of only an estate less than a fee. Source: CivC 1877, §302; CL 1887, §2818; RCivC 1903, §325; RC 1919, §394; SDC 1939, §59.0407.
SD Codified L § 43-11-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-9 - Beneficial power defined.

43-11-9. Beneficial power defined.A power is beneficial when no person other than its holder has by the terms of its creation any interest in its execution. Source: CivC 1877, §303; CL 1887, §2819; RCivC 1903, §326; RC 1919, §395; SDC 1939, §59.0408.
SD Codified L § 43-11-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-10 - Power in trust defined.

43-11-10. Power in trust defined.A power is in trust when any person or class of persons, other than its holder, has by the terms of its creation an interest in its execution. Source: CivC 1877, §304; CL 1887, §2820; RCivC 1903, §327; RC 1919, §396; SDC 1939, §59.0409.
SD Codified L § 43-11-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-11 - General power in trust defined.

43-11-11. General power in trust defined.A general power is in trust when any person or class of persons other than its holder is designated as entitled to the proceeds or the disposition or charge authorized by the power or to any portion of the proceeds or other benefits to result from its execution. Source: CivC 1877, §305; CL 1887, §2821; RCivC 1903, §328; RC 1919, §397; SDC 1939, §59.0410.
SD Codified L § 43-11-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-12 - Special power in trust defined.

43-11-12. Special power in trust defined.A special power is in trust:(1)When the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power; or(2)When any person or class of persons, other than the holder, is designated as entitled to any benefit from the disposition or charge authorized by the power. Source: CivC 1877, §306; CL 1887, §2822; RCivC 1903, §329; RC 1919, §398; SDC 1939, §59.0411.
SD Codified L § 43-11-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-13 - Capacity to create power.

43-11-13. Capacity to create power.No person is capable of creating a power who is not at the same time capable of granting some estate in the property to which the power relates. Source: CivC 1877, §307; CL 1887, §2823; RCivC 1903, §330; RC 1919, §399; SDC 1939, §59.0412.
SD Codified L § 43-11-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-14 - Manner of creating power.

43-11-14. Manner of creating power.A power may be created only:(1)By a suitable clause contained in a grant of some estate in the real property to which the power relates or in an agreement to execute such a grant; or(2)By a devise contained in a will. Source: CivC 1877, §309; CL 1887, §2825; RCivC 1903, §332; RC 1919, §401; SDC 1939, §59.0414.
SD Codified L § 43-11-15 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-15 - Vesting of power.

43-11-15. Vesting of power.A power may be vested in any person. Source: CivC 1877, §308; CL 1887, §2824; RCivC 1903, §331; RC 1919, §400; SDC 1939, §59.0413.
SD Codified L § 43-11-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-16 - Grantor may reserve power in conveyance.

43-11-16. Grantor may reserve power in conveyance.The grantor in any conveyance may reserve to himself any power, beneficial or in trust, which he might lawfully grant to another; and every power thus reserved is subject to the provisions of this chapter in the same manner as if granted to another. Source: CivC 1877, §310; CL 1887, §2826; RCivC 1903, §333; RC 1919, §402; SDC 1939, §59.0415.
SD Codified L § 43-11-17 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-17 - Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.

43-11-17. Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.Where the grantor in any conveyance reserves to himself for his own benefit an absolute power of revocation, such grantor is still to be deemed the absolute owner of the estate conveyed so far as the rights of creditors and purchasers are concerned. Source: CivC 1877, §341; CL 1887, §2857; RCivC 1903, §364; RC 1919, §431; SDC 1939, §59.0444.
SD Codified L § 43-11-18 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-18 - Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.

43-11-18. Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.Where an absolute power of disposition not accompanied by any trust is given to the owner of a particular estate for life or years, such estate is changed into a fee, absolute in favor of creditors, purchasers, or encumbrancers, but subject to any future estates limited thereon in case the power should not be executed or the property should not be sold for the satisfaction of debts. Source: CivC 1877, §336; CL 1887, §2852; RCivC 1903, §359; RC 1919, §426; SDC 1939, §59.0439.
SD Codified L § 43-11-19 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-19 - Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.

43-11-19. Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.Where an absolute power of disposition not accompanied by any trust is given to any person to whom no particular estate is limited, such person also takes a fee subject to any future estate that may be limited thereon but absolute in favor of creditors, purchasers, and encumbrancers. Source: CivC 1877, §337; CL 1887, §2853; RCivC 1903, §360; RC 1919, §427; SDC 1939, §59.0440.
SD Codified L § 43-11-20 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-20 - Effect of absolute power of disposition of estate not limited by a remainder.

43-11-20. Effect of absolute power of disposition of estate not limited by a remainder.In all cases where an absolute power of disposition is given not accompanied by any trust and no remainder is limited on the estate of the holder of the power, he is entitled to an absolute fee. Source: CivC 1877, §338; CL 1887, §2854; RCivC 1903, §361; RC 1919, §428; SDC 1939, §59.0441.
SD Codified L § 43-11-21 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-21 - General and beneficial power to devise inheritance--Absolute power to dispose of fee.

43-11-21. General and beneficial power to devise inheritance--Absolute power to dispose of fee.Where a general and beneficial power to devise the inheritance is given to the owner of an estate for life or for years, he is deemed to possess an absolute power of disposition within the meaning of §§43-11-18 to 43-11-20, inclusive. Source: CivC 1877, §339; CL 1887, §2855; RCivC 1903, §362; RC 1919, §429; SDC 1939, §59.0442.
SD Codified L § 43-11-22 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-22 - Power of disposition absolute where holder can dispose of entire fee in his lifetime.

43-11-22. Power of disposition absolute where holder can dispose of entire fee in his lifetime.Every power of disposition is deemed absolute by means of which the holder is enabled in his lifetime to dispose of the entire fee, in possession or in expectancy, for his own benefit. Source: CivC 1877, §340; CL 1887, §2856; RCivC 1903, §363; RC 1919, §430; SDC 1939, §59.0443.
SD Codified L § 43-11-23 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-23 - Special and beneficial power to make leases valid during life estate.

43-11-23. Special and beneficial power to make leases valid during life estate.A special and beneficial power is valid which is granted to the owner of a life estate in the property embraced in the power to make leases, commencing in possession during his life. Source: CivC 1877, §342; CL 1887, §2858; RCivC 1903, §365; RC 1919, §432; SDC 1939, §59.0445.
SD Codified L § 43-11-24 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-24 - Special and beneficial power to lease void only as to excess term.

43-11-24. Special and beneficial power to lease void only as to excess term.A special and beneficial power to make leases of agricultural land for more than ten years or of municipal lots for more than ninety-nine years is void only as to the time beyond ten or ninety-nine years and authorizes leases for those terms or less. Source: CivC 1877, §343; CL 1887, §2859; RCivC 1903, §366; RC 1919, §433; SDC 1939, §59.0446; SL 1992, ch 60, §2.
SD Codified L § 43-11-25 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-25 - Transfer of power of owner of life estate to make leases.

43-11-25. Transfer of power of owner of life estate to make leases.The power of the owner of a life estate to make leases is not transferable as a separate interest, but is annexed to his estate and will pass unless specially excepted by any grant of such estate. If specially excepted in any such grant, it is extinguished. Source: CivC 1877, §344; CL 1887, §2860; RCivC 1903, §367; RC 1919, §434; SDC 1939, §59.0447.
SD Codified L § 43-11-26 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-26 - Release of power of owner of life estate to make leases.

43-11-26. Release of power of owner of life estate to make leases.The power of the owner of a life estate to make leases may be released by him to any person entitled to a future estate in the property and is thereupon extinguished. Source: CivC 1877, §345; CL 1887, §2861; RCivC 1903, §368; RC 1919, §435; SDC 1939, §59.0448.
SD Codified L § 43-11-27 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-27 - Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

43-11-27. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.A mortgage executed by the owner of a life estate having a power to make leases by virtue of any beneficial power, does not extinguish or suspend the power, but the power is bound by the mortgage in the same manner as the real property embraced therein. Source: CivC 1877, §346; CL 1887, §2862; RCivC 1903, §369; RC 1919, §436; SDC 1939, §59.0449.
SD Codified L § 43-11-28 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-28 - Effects on the power of a lien by mortgage.

43-11-28. Effects on the power of a lien by mortgage.The effects on the power of a lien by mortgage such as is mentioned in §43-11-27 are:(1)That the mortgagee is entitled to an execution of the power, so far as the satisfaction of his lien may require it; and(2)That any subsequent estate created by the owner in the execution of the power becomes subject to the mortgage in the same manner as if in terms embraced therein. Source: CivC 1877, §347; CL 1887, §2863; RCivC 1903, §370; RC 1919, §437; SDC 1939, §59.0450.
SD Codified L § 43-11-29 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-29 - Power to sell real property given as security for payment of money as part of the security.

43-11-29. Power to sell real property given as security for payment of money as part of the security.Where a power to sell real property is given to a mortgagee or other encumbrancer in an instrument intended to secure the payment of money, the power is to be deemed a part of the security and vests in any person who by assignment becomes entitled to the money so secured to be paid and may be executed by him whenever the assignment is duly acknowledged and recorded. Source: CivC 1877, §313; CL 1887, §2829; RCivC 1903, §336; RC 1919, §405; SDC 1939, §59.0418.
SD Codified L § 43-11-30 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-30 - Power irrevocable unless authorized by instrument creating the power.

43-11-30. Power irrevocable unless authorized by instrument creating the power.Every power, beneficial or in trust, is irrevocable unless an authority to revoke it is given or reserved in the instrument creating the power. Source: CivC 1877, §311; CL 1887, §2827; RCivC 1903, §334; RC 1919, §403; SDC 1939, §59.0416.
SD Codified L § 43-11-31 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-31 - Power as a lien upon real property.

43-11-31. Power as a lien upon real property.A power is a lien upon the real property which it embraces from the time the instrument in which it is contained takes effect; except that against creditors, purchasers, and encumbrancers, in good faith and without notice, from any person having an estate in such real property, the power is a lien only from the time the instrument in which it is contained is duly recorded. Source: CivC 1877, §312; CL 1887, §2828; RCivC 1903, §335; RC 1919, §404; SDC 1939, §59.0417.
SD Codified L § 43-11-32 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 11 - Real Property Powers|Section 43-11-32 - Enforcement of powers for benefit of interested parties.

43-11-32. Enforcement of powers for benefit of interested parties.Every trust power unless its execution is made expressly to depend on the will of the trustee is imperative and imposes a duty on the trustee, the performance of which may be compelled for the benefit of the parties interested. Source: CivC 1877, §350; CL 1887, §2866; RCivC 1903, §373; RC 1919, §440; SDC 1939, §59.0453.