reglab/housing_qa huggingface dataset:
SD Codified L § 43-46-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 46 - Joint Owners Liability For Decedents Debts|Section 43-46-5 - Joinder of surviving joint owners in action--Right of contribution.

43-46-5. Joinder of surviving joint owners in action--Right of contribution.In any case where a deceased joint owner had more than one joint tenancy at the time of his death, all of the surviving joint owners therein shall be jointly and severally liable to the creditors or personal representative of the deceased joint owner as herein provided and any such surviving joint owner who is made a defendant in any such action shall have the right to require any other such surviving joint owner within the jurisdiction of the court to be joined as a party defendant in such action and shall also have the right of pro rata contribution against other surviving joint owners, to the extent of their respective liability hereunder. Source: SL 1969, ch 198 (3); SDCL 30-21A-5; SL 1995, ch 167, §167.
SD Codified L § 44-1-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-1 - Lien defined.

44-1-1. Lien defined.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.
SD Codified L § 44-1-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-2 - Classification of liens--Definition of terms--General lien--Special lien.

44-1-2. Classification of liens--Definition of terms--General lien--Special lien.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.
SD Codified L § 44-1-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-3 - Application of general statutes to liens--Exception.

44-1-3. Application of general statutes to liens--Exception.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.
SD Codified L § 44-1-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-4 - Creation of lien--Contract--Operation of law.

44-1-4. Creation of lien--Contract--Operation of law.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.
SD Codified L § 44-1-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-5 - Security for performance of future obligations--Creation of lien.

44-1-5. Security for performance of future obligations--Creation of lien.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.
SD Codified L § 44-1-6 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-6 - Agreement to create lien on future interest--Attachment of lien.

44-1-6. Agreement to create lien on future interest--Attachment of lien.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.
SD Codified L § 44-1-7 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-7 - Lien or contract of lien transfers no title to property.

44-1-7. Lien or contract of lien transfers no title to property.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.
SD Codified L § 44-1-8 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-8 - Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void.

44-1-8. Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void.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.
SD Codified L § 44-1-9 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-9 - Obligation to perform not implied from lien.

44-1-9. Obligation to perform not implied from lien.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.
SD Codified L § 44-1-10 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-10 - Lien limited to specified obligation.

44-1-10. Lien limited to specified obligation.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.
SD Codified L § 44-1-11 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-11 - Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.

44-1-11. Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.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.
SD Codified L § 44-1-12 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-12 - Destruction, disposal, or removal of personal property subject to security interest as felony.

44-1-12. Destruction, disposal, or removal of personal property subject to security interest as felony.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.
SD Codified L § 44-1-13 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 01 - Definitions And General Provisions|Section 44-1-13 - Priority of lien securing future advances.

44-1-13. Priority of lien securing future advances.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.
SD Codified L § 44-2-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-1 - Priority of different liens upon same property--Determination--Time of creation.

44-2-1. Priority of different liens upon same property--Determination--Time of creation.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.
SD Codified L § 44-2-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|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.

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.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.
SD Codified L § 44-2-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-3 - Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents.

44-2-3. Public record notice of claim of lien on personal property--No other method provided--Lien statement--Contents.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.
SD Codified L § 44-2-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-4 - Lien statement covering personal property--Condition precedent to filing--Mailing of copy to owner of property.

44-2-4. Lien statement covering personal property--Condition precedent to filing--Mailing of copy to owner of property.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.
SD Codified L § 44-2-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-5 - Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees.

44-2-5. Lien statement covering personal property--Filing in office of register of deeds, effect--Indexing of filed statements--Filing fees.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.
SD Codified L § 44-2-6 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-6 - Lien statement covering personal property--Certified copies of filed statement, filing in other counties, effect, indexing.

44-2-6. Lien statement covering personal property--Certified copies of filed statement, filing in other counties, effect, indexing.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.
SD Codified L § 44-2-7 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-7 - Lien statement covering personal property--Assignment and satisfaction of record.

44-2-7. Lien statement covering personal property--Assignment and satisfaction of record.Such liens may be assigned and satisfied of record the same as chattel mortgages. Source: SDC 1939, §39.0124.
SD Codified L § 44-2-8 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|Section 44-2-8 - Effect of lien claim or statement--Constructive notice.

44-2-8. Effect of lien claim or statement--Constructive notice.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.
SD Codified L § 44-2-9 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 02 - Recording, Notice And Priority Of Liens|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.

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.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.
SD Codified L § 44-3-1 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|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.

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.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.
SD Codified L § 44-3-2 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|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.

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.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).
SD Codified L § 44-3-3 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|Section 44-3-3 - Redemption from lien--Manner of making--Performance of condition--Payment of damages for delay.

44-3-3. Redemption from lien--Manner of making--Performance of condition--Payment of damages for delay.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.
SD Codified L § 44-3-4 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|Section 44-3-4 - Right to redeem from lien--Time for redemption.

44-3-4. Right to redeem from lien--Time for redemption.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.
SD Codified L § 44-3-5 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|Section 44-3-5 - Inferior lien holder--Right to redeem.

44-3-5. Inferior lien holder--Right to redeem.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).
SD Codified L § 44-3-6 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|Section 44-3-6 - Subrogation of inferior lien holder.

44-3-6. Subrogation of inferior lien holder.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).
SD Codified L § 44-3-7 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|Section 44-3-7 - Satisfaction of prior lien by special lien holder--Enforcement of repayment of amount.

44-3-7. Satisfaction of prior lien by special lien holder--Enforcement of repayment of amount.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.
SD Codified L § 44-3-8 (2021)
2021 South Dakota Codified Laws|Title 44 - Liens|Chapter 03 - Redemption, Satisfaction, Marshaling And Merger Of Liens|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.

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.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.