reglab/housing_qa huggingface dataset:
SD Codified L § 43-23-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 23 - Partition Fences|Section 43-23-6 - Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages.

43-23-6. Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages.If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in §43-23-5, the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner. Source: SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104; SL 1990, ch 350, §2.
SD Codified L § 43-23-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 23 - Partition Fences|Section 43-23-7 - Erection of partition fence not required when earth is frozen.

43-23-7. Erection of partition fence not required when earth is frozen.The delinquent owner shall not be required to build such partition fence at any season when the earth is frozen. Source: SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104.
SD Codified L § 43-23-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 23 - Partition Fences|Section 43-23-8 - Judgment for construction or repair of partition fence is lien upon land of delinquent owner.

43-23-8. Judgment for construction or repair of partition fence is lien upon land of delinquent owner.The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereon except taxes. Source: SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104.
SD Codified L § 43-23-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 23 - Partition Fences|Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.

43-23-9. Removal of partition fence restricted to repair or construction of new fence.If adjoining owners of land have shared the expense of erecting and maintaining a partition fence pursuant to the provisions of this chapter, neither owner shall have the right as against the owner of the adjoining lands to remove the same or any part thereof, except for the purpose of making immediate repairs or constructing a new fence. Source: SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §4.
SD Codified L § 43-23-9.1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 23 - Partition Fences|Section 43-23-9.1 - Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

43-23-9.1. Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.For the purposes of §§43-23-1 to 43-23-9, inclusive, any person who is in physical possession of real property, whether by fee, lease, conveyance, or other lawful means, has the same privileges and obligations as the owner of such property. If the person in physical possession of real property is different from the owner of such property, they may provide for the disposition of rights and responsibilities pursuant to §§43-23-1 to 43-23-9, inclusive, by contract. In the absence of such a contract, both the person in physical possession of real property and the owner of such property may, individually or jointly, exercise such rights and be held liable for such responsibilities as are provided for in §§43-23-1 to 43-23-9, inclusive. Source: SL 1988, ch 351.
SD Codified L § 43-23-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 23 - Partition Fences|Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.

43-23-10. Opening or injuring fence or gate as misdemeanor.Any person who shall intentionally open, or leave open, let down, throw down, tear down, or prostrate any fence, gate, or bars, legally constructed, located, and lawfully maintained, which encloses a meadow, pasture, livestock range, or private other inclosure, is guilty of a Class 2 misdemeanor. Source: SL 1919, ch 253; SDC 1939, §19.9901; SL 1983, ch 15, §9.
SD Codified L § 43-24-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-1 - Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote.

43-24-1. Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote.This chapter shall not take effect and be in force in any township in this state where the average assessed valuation of agricultural or farmlands is less than thirty dollars per acre, unless a petition signed by at least ten percent of the legal freeholders of said civil township on or before February first, in any year, shall be submitted to the township board of supervisors by filing the same in the office of the town clerk, requesting such supervisors to submit to the voters of such civil township at the next township election on a separate ballot, the question whether or not this chapter shall be of force and effect in such civil township. Such ballot shall be in the following form: "Yes ____ No ____ for division and partition fence law." If a majority of voters of such township voting on such proposition shall vote in favor of the division and partition fence law, then this chapter shall be in force and effect in such township. Source: SL 1917, ch 237, §5; RC 1919, §10539; SL 1919, ch 205; SDC 1939, §19.0201.
SD Codified L § 43-24-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-2 - Adoption of chapter by civil township supersedes partition fence law.

43-24-2. Adoption of chapter by civil township supersedes partition fence law.So long as this chapter is operative in any civil township, its provisions shall supersede the provisions of §§43-23-1 to 43-23-9, inclusive. Source: SL 1917, ch 237, §6; RC 1919, §10540; SDC 1939, §19.0202.
SD Codified L § 43-24-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-3 - Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.

43-24-3. Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.Every owner of land is bound to bear one-half of the expense of erecting and maintaining partition fences between his own and adjoining lands. Source: SL 1917, ch 237, §1; RC 1919, §10535; SDC 1939, §19.0204.
SD Codified L § 43-24-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-4 - Duty of owner of adjoining land to build half of local option partition fence.

43-24-4. Duty of owner of adjoining land to build half of local option partition fence.Unless otherwise agreed upon each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built. Source: SL 1917, ch 237, §2; RC 1919, §10536; SDC 1939, §19.0205.
SD Codified L § 43-24-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-5 - Fence upon which owners of adjoining lands agree is a legal fence.

43-24-5. Fence upon which owners of adjoining lands agree is a legal fence.Any fence upon which the owners of such adjoining lands may agree, shall be a legal fence. Source: SL 1917, ch 237, §3; RC 1919, §10537 (1); SL 1921, ch 236; SDC 1939, §19.0203 (1).
SD Codified L § 43-24-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-6 - Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.

43-24-6. Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and one-half feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each a woven-wire fence thirty-two inches high, the bottom of which shall be firmly stretched even with the ground, which woven-wire fence shall be of eight bars, with six inch stays, and wire to be not smaller than number ten or number thirteen wire; above such woven-wire fence shall be firmly stretched and securely attached to each post at least two strands of ordinary commercial barbed fencing wire, the lowest strand to be four inches from the top of such woven-wire fence and the upper strand to be sixteen inches from the top of such woven-wire fence. Source: SL 1917, ch 237, §3; RC 1919, §10537 (2); SL 1921, ch 236; SDC 1939, §19.0203 (2).
SD Codified L § 43-24-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-7 - Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.

43-24-7. Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.If any owner of any land neglects or refuses to so erect and maintain one-half of a legal fence on the lines separating his land from adjoining land, the owner of the adjoining land may serve upon such delinquent owner a notice in writing, demanding that the delinquent owner shall erect or repair, as the case may be, a legal fence along one-half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him. Source: SL 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206; SL 1990, ch 350, §3.
SD Codified L § 43-24-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-8 - Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages.

43-24-8. Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages.If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in §43-24-7, the aggrieved owner of such adjoining land may erect or repair such partition fence, and may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner. Source: SL 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206; SL 1990, ch 350, §4.
SD Codified L § 43-24-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-9 - Erection of local option partition fence not required when earth is frozen.

43-24-9. Erection of local option partition fence not required when earth is frozen.Such delinquent owner shall not be required to erect such partition fence at any season when the earth is frozen. Source: SL 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206.
SD Codified L § 43-24-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 24 - Local Option Woven Wire Fences|Section 43-24-10 - Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.

43-24-10. Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereupon except taxes. Source: SL 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206.
SD Codified L § 43-25-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-1 - Requisites for transfer of certain estates.

43-25-1. Requisites for transfer of certain estates.An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. Source: CivC 1877, §622; CL 1887, §3245; RCivC 1903, §938; RC 1919, §540; SDC 1939, §51.1401.
SD Codified L § 43-25-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-2 - Conveyance of interest in property by owner out of possession.

43-25-2. Conveyance of interest in property by owner out of possession.Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same in as full and complete a manner as if he or she were in actual possession of the lands and premises intended to be conveyed; and the grantee or grantees shall have the same right of action for the recovery thereof, and shall in all respects derive the same benefit and advantage therefrom as if the grantor or grantors had been in actual possession at the time of executing the conveyance. Source: SL 1899, ch 109; RCivC 1903, §996; RC 1919, §602; SDC 1939, §51.1409.
SD Codified L § 43-25-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-3 - Conclusiveness of grant of estate in real property--Exception.

43-25-3. Conclusiveness of grant of estate in real property--Exception.Every grant of an estate in real property is conclusive against the grantor and everyone subsequently claiming under him, except a purchaser or encumbrancer who, in good faith, and for a valuable consideration, acquires a title or lien by an instrument that is first duly recorded. Source: CivC 1877, §629; CL 1887, §3250; RCivC 1903, §943; RC 1919, §551; SDC 1939, §51.1410.
SD Codified L § 43-25-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-4 - Words of inheritance or succession not required to transfer fee in real property.

43-25-4. Words of inheritance or succession not required to transfer fee in real property.Words of inheritance or succession are not requisite to transfer a fee in real property. Source: CivC 1877, §618; CL 1887, §3241; RCivC 1903, §934; RC 1919, §536; SDC 1939, §51.1312.
SD Codified L § 43-25-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-5 - Warranty deed--Standard form.

43-25-5. Warranty deed--Standard form.The standard form of warranty deeds in this state is as follows:WARRANTY DEED________, grantor, of ________ county, of ________, for and in consideration of ________ dollars, grants, conveys and warrants to ________, grantee, of ________ P. O. the following described real estate in the county of ________ in the State of South Dakota: ________________________________________Dated this ________ day of ________, 20____.(Signature) ________________________(ACKNOWLEDGMENT) Source: SL 1911, ch 257, §1; RC 1919, §542; SDC 1939, §51.1403.
SD Codified L § 43-25-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-6 - Implied covenants and warranties in deed.

43-25-6. Implied covenants and warranties in deed.Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives,(1)That he is lawfully seized of the premises in fee simple, and has good right to convey the same;(2)That the premises are free from all encumbrances;(3)That he warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession thereof; and(4)That he will defend the title thereto against all persons who may lawfully claim the same.Such covenants shall be obligatory upon any grantor, his heirs, and personal representatives, as fully and with like effect as if written at length in such deed. Source: SL 1911, ch 257, §1; RC 1919, §542; SDC 1939, §51.1403.
SD Codified L § 43-25-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-7 - Quitclaim deed--Standard form.

43-25-7. Quitclaim deed--Standard form.The standard form of quitclaim deeds in this state is as follows:QUITCLAIM DEED________, grantor, of ________ county, state of ________, for and in consideration of ________ dollars, conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the following described real estate in the county of ________ in the State of South Dakota______________________________Dated this ________ day of ________, 20____.(Signature) __________________________(ACKNOWLEDGMENT) Source: SL 1911, ch 257, §2; RC 1919, §542; SDC 1939, §51.1403.
SD Codified L § 43-25-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-8 - Right, title, and interest conveyed by quitclaim deed--After-acquired title.

43-25-8. Right, title, and interest conveyed by quitclaim deed--After-acquired title.Every such instrument, duly executed, shall be a conveyance to the grantee, his heirs, and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after-acquired title, unless words expressing such intention be added. Source: SL 1911, ch 257, §2; RC 1919, §542; SDC 1939, §51.1403.
SD Codified L § 43-25-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-9 - Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.

43-25-9. Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.The provisions of §§43-25-5 to 43-25-8, inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of warranty and quitclaim deeds. Source: RC 1919, §543; SDC 1939, §51.1403.
SD Codified L § 43-25-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-10 - Use of word "grant" in conveyance--Implied covenants, action to enforce.

43-25-10. Use of word "grant" in conveyance--Implied covenants, action to enforce.From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied unless restrained by express terms contained in such conveyance:(1)That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;(2)That such estate is, at the time of the execution of such conveyance, free from encumbrances done, made, or suffered by the grantor, or any person claiming under him.Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance. Source: CivC 1877, §628; CL 1887, §3249; RCivC 1903, §942; RC 1919, §548; SDC 1939, §51.1415.
SD Codified L § 43-25-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-11 - Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.

43-25-11. Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express terms contained in such conveyance:(1)That previous to the time of the execution of such conveyance the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee; and(2)That such estate is at the time of the execution of such conveyance free from encumbrances made, done, or suffered by the grantor. Source: SL 1909, ch 179, §1; RC 1919, §549; SDC 1939, §51.1416.
SD Codified L § 43-25-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.

43-25-12. Prior unrecorded conveyance--Rights of purchaser in good faith.Any person holding real estate or any interest therein under a conveyance in the terms of §43-25-11 shall be deemed a purchaser in good faith and for a valuable consideration, unless such person at the time of the execution and delivery of such conveyance shall have had actual notice or knowledge of a prior unrecorded conveyance affecting the title to such real property. Source: SL 1909, ch 179, §2; RC 1919, §550; SDC 1939, §51.1416.
SD Codified L § 43-25-13 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-13 - Lineal and collateral warranties abolished--Exception.

43-25-13. Lineal and collateral warranties abolished--Exception.Lineal and collateral warranties, with all their incidents, are abolished, except as provided by §§43-25-14 to 43-25-19, inclusive. Source: CivC 1877, §633; CL 1887, §3254; RCivC 1903, §947; RC 1919, §555; SDC 1939, §51.1414.
SD Codified L § 43-25-14 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-14 - Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise.

43-25-14. Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise.The heirs and devisees of any person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law. Source: CivC 1877, §633; CL 1887, §3254; RCivC 1903, §947; RC 1919, §555; SDC 1939, §51.1414 (1).
SD Codified L § 43-25-15 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-15 - Presumption as to passing of fee simple title--Exception.

43-25-15. Presumption as to passing of fee simple title--Exception.A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended. Source: CivC 1877, §633, subdiv 2; CL 1887, §3254, subdiv 2; RCivC 1903, §947, subdiv 2; RC 1919, §555 (2); SDC 1939, §51.1414 (2).
SD Codified L § 43-25-16 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 25 - Deeds And Conveyances|Section 43-25-16 - Condition precedent in grant of real property--Performance necessary to pass estate.

43-25-16. Condition precedent in grant of real property--Performance necessary to pass estate.An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition. Source: CivC 1877, §633, subdiv 3; CL 1887, §3254, subdiv 3; RCivC 1903, §947, subdiv 3; RC 1919, §555 (3); SDC 1939, §51.1414 (3).