reglab/housing_qa huggingface dataset:
SD Codified L § 43-4-55 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-55 - Effect of failure to provide written statement of private transfer fee payable within thirty days of request.

43-4-55. Effect of failure to provide written statement of private transfer fee payable within thirty days of request.If the payee fails to provide a written statement of the transfer fee payable within thirty days of the date of a written request for such statement sent to the address shown in the notice of transfer fee, the grantor, on recording of the affidavit required under §43-4-56, may convey any interest in the real property to any grantee without payment of the transfer fee and is not subject to any further obligation under the private transfer fee obligation. In such event the real property shall be conveyed free and clear of the transfer fee and private transfer fee obligation. Source: SL 2011, ch 196, §10.
SD Codified L § 43-4-56 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-56 - Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.

43-4-56. Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.An affidavit stating the facts enumerated under §43-4-57 shall be recorded in the office of the register of deeds in the county in which the real property is situated prior to or simultaneously with a conveyance pursuant to §43-4-55 of real property unburdened by a private transfer fee obligation. An affidavit filed under this section shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of such real property at the time of the signing of such affidavit, a reference to the instrument of record containing the private transfer fee obligation, and an acknowledgment that the affiant is testifying under penalty of perjury. Source: SL 2011, ch 196, §11.
SD Codified L § 43-4-57 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 04 - Transfer Of Property|Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.

43-4-57. Recorded affidavit constitutes prima facie evidence of stated facts.If recorded, an affidavit as described in §43-4-56 constitutes prima facie evidence that:(1)A request for the written statement of the transfer fee payable in order to obtain a release of the fee imposed by the private transfer fee obligation was sent to the address shown in the notification; and(2)The person listed on the notice of transfer fee failed to provide the written statement of the transfer fee payable within thirty days of the date of the notice sent to the address shown in the notification. Source: SL 2011, ch 196, §12.
SD Codified L § 43-5-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-1 - Absolute power of alienation--Suspension--Limitation.

43-5-1. Absolute power of alienation--Suspension--Limitation.The absolute power of alienation may not be suspended by any limitation or condition whatever for a longer period than during the continuance of the lives of persons in being plus a period of thirty years at the creation of the limitation or condition, except in the single case mentioned in §43-9-5 relating to contingent fee remainder on a prior fee remainder. Source: CivC 1877, §201; CL 1887, §2717; RCivC 1903, §224; RC 1919, §294; SDC 1939, §51.0231; SL 1983, ch 304, §6.
SD Codified L § 43-5-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-2 - Future interests suspending absolute power of alienation beyond prescribed limitation void.

43-5-2. Future interests suspending absolute power of alienation beyond prescribed limitation void.Every future interest is void which suspends the absolute power of alienation for a longer period than is prescribed in this code. A power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed. Source: CivC 1877, §202; CL 1887, §2718; RCivC 1903, §225; RC 1919, §295; SDC 1939, §51.0232; SL 1983, ch 304, §7.
SD Codified L § 43-5-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-3 - Term of years--Suspension of absolute ownership.

43-5-3. Term of years--Suspension of absolute ownership.The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. Source: CivC 1877, §227; CL 1887, §2743; RCivC 1903, §250; RC 1919, §320; SDC 1939, §51.0411.
SD Codified L § 43-5-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation.

43-5-4. Suspension of power to alienate trust as suspension of power of alienation.The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being. Source: CivC 1877, §228; CL 1887, §2744; RCivC 1903, §251; RC 1919, §321; SDC 1939, §51.0412; SL 1983, ch 304, §8.
SD Codified L § 43-5-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-5 - Computation of period for interest or trust created under power of appointment.

43-5-5. Computation of period for interest or trust created under power of appointment.If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power. Source: SL 1983, ch 304, §1; SL 1993, ch 355, §4.
SD Codified L § 43-5-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-6 - Distribution according to intent of creator.

43-5-6. Distribution according to intent of creator.If, at the expiration of the period in which any instrument or any provision thereof created by a trust or other legal relationship is not to be rendered invalid by the provisions of this chapter measured by actual, rather than possible, events, any of the assets which have not by the terms of the instrument become distributable or vested shall then be distributed as the court having jurisdiction directs, giving effect to the general intent of the creator of the trust or other instrument. Source: SL 1983, ch 304, §2.
SD Codified L § 43-5-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-7 - Exempt transfers.

43-5-7. Exempt transfers.This chapter does not limit any of the following:(1)Transfers, outright or in trust, for charitable purposes;(2)Transfer to charitable corporations;(3)Transfers to any cemetery corporation, society, or association; or(4)Employees' trusts created as part of a pension, retirement, insurance, savings, stock bonus, profit sharing, or similar plan established by an employer for the benefit of employees eligible to participate. Source: SL 1983, ch 304, §3.
SD Codified L § 43-5-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-8 - Rule against perpetuities not in force.

43-5-8. Rule against perpetuities not in force.The common-law rule against perpetuities is not in force in this state. Source: SL 1983, ch 304, §4.
SD Codified L § 43-5-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 05 - Restraints On Alienation Of Property|Section 43-5-9 - Limitation of actions to void existing instruments.

43-5-9. Limitation of actions to void existing instruments.If no action or proceeding has been instituted by July 1, 1984, to declare void any instrument which existed prior to July 1, 1983, under the provisions of this chapter as it existed prior to July 1, 1983, then all such instruments shall be interpreted under this chapter 43-5. Source: SL 1983, ch 304, §5.
SD Codified L § 43-6-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 06 - Accumulations Of Income Of Property|Section 43-6-1 - Income of property defined.

43-6-1. Income of property defined.The income of property, as the term is used in this title, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property. Source: CivC 1877, §215; CL 1887, §2731; RCivC 1903, §238; RC 1919, §308; SDC 1939, §51.0301.
SD Codified L § 43-6-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 06 - Accumulations Of Income Of Property|Section 43-6-2 - Disposition of income from future interests.

43-6-2. Disposition of income from future interests.Dispositions of the income of property, to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules prescribed in this title, in relation to future interests. Source: CivC 1877, §204; CL 1887, §2720; RCivC 1903, §227; RC 1919, §297; SDC 1939, §51.0302.
SD Codified L § 43-6-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 06 - Accumulations Of Income Of Property|Section 43-6-3 - Valid limitation of future interest--Suspension of power of alienation or ownership--Right to undisposed income.

43-6-3. Valid limitation of future interest--Suspension of power of alienation or ownership--Right to undisposed income.When, in consequence of a valid limitation of future interest, there is a suspension of the power of alienation or of the ownership, during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest. Source: CivC 1877, §210; CL 1887, §2726; RCivC 1903, §233; RC 1919, §303; SDC 1939, §51.0303.
SD Codified L § 43-6-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 06 - Accumulations Of Income Of Property|Section 43-6-7 - Accumulation of trust income.

43-6-7. Accumulation of trust income.No provision directing or authorizing accumulation of trust income is invalid. This section is effective and applies to trust instruments whenever created or executed. Source: SL 2012, ch 233, §26; SL 2013, ch 239, §14.
SD Codified L § 43-7-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 07 - Estates In Real Property|Section 43-7-1 - Duration of enjoyment of estates in real property.

43-7-1. Duration of enjoyment of estates in real property.Estates in real property, in respect to the duration of their enjoyment are:(1)Estates of inheritance or perpetual estates;(2)Estates for life;(3)Estates for years; or(4)Estates at will. Source: CivC 1877, §218; CL 1887, §2734; RCivC 1903, §241; RC 1919, §311; SDC 1939, §51.0402.
SD Codified L § 43-7-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 07 - Estates In Real Property|Section 43-7-2 - Classification of estates in real property.

43-7-2. Classification of estates in real property.Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution. Source: CivC 1877, §222; CL 1887, §2738; RCivC 1903, §245; RC 1919, §315; SDC 1939, §51.0403.
SD Codified L § 43-7-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 07 - Estates In Real Property|Section 43-7-3 - Estate of inheritance--Fee simple or absolute fee.

43-7-3. Estate of inheritance--Fee simple or absolute fee.Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee. Source: CivC 1877, §219; CL 1887, §2735; RCivC 1903, §242; RC 1919, §312; SDC 1939, §51.0404.
SD Codified L § 43-7-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 07 - Estates In Real Property|Section 43-7-4 - Abolishment of estates tail--Fee tail is now a fee simple.

43-7-4. Abolishment of estates tail--Fee tail is now a fee simple.Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute. Source: CivC 1877, §220; CL 1887, §2736; RCivC 1903, §243; RC 1919, §313; SDC 1939, §51.0405.
SD Codified L § 43-7-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 07 - Estates In Real Property|Section 43-7-5 - Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.

43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death. Source: CivC 1877, §221; CL 1887, §2737; RCivC 1903, §244; RC 1919, §314; SDC 1939, §51.0406.
SD Codified L § 43-7-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 07 - Estates In Real Property|Section 43-7-6 - Estate during life of a third person is a freehold.

43-7-6. Estate during life of a third person is a freehold.An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold. Source: CivC 1877, §223; CL 1887, §2739; RCivC 1903, §246; RC 1919, §316; SDC 1939, §51.0407.
SD Codified L § 43-8-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-1 - Rights of life tenant--Use of land--Exception.

43-8-1. Rights of life tenant--Use of land--Exception.The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance. Source: CivC 1877, §256; CL 1887, §2772; RCivC 1903, §279; RC 1919, §349; SDC 1939, §51.0706.
SD Codified L § 43-8-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-2 - Building and fences--Duty of life tenant to repair, and pay taxes and assessments.

43-8-2. Building and fences--Duty of life tenant to repair, and pay taxes and assessments.The owner of a life estate must keep the building and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. Source: CivC 1877, §271; CL 1887, §2787; RCivC 1903, §294; RC 1919, §364; SDC 1939, §51.0710.
SD Codified L § 43-8-3 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-3 - Lease for life--Recovery of rent due.

43-8-3. Lease for life--Recovery of rent due.Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. Source: CivC 1877, §262; CL 1887, §2778; RCivC 1903, §285; RC 1919, §355; SDC 1939, §51.0707.
SD Codified L § 43-8-4 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-4 - Recovery of rent dependent upon life of another.

43-8-4. Recovery of rent dependent upon life of another.Rent dependent upon the life of a person may be recovered after as well as before his death. Source: CivC 1877, §263; CL 1887, §2779; RCivC 1903, §286; RC 1919, §356; SDC 1939, §51.0708.
SD Codified L § 43-8-5 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-5 - Tenant for years or at will--Restriction of rights by instrument creating tenancy.

43-8-5. Tenant for years or at will--Restriction of rights by instrument creating tenancy.A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired or by §43-8-6. Source: CivC 1877, §258; CL 1887, §2774; RCivC 1903, §281; RC 1919, §351; SDC 1939, §38.0406.
SD Codified L § 43-8-6 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-6 - Rights of tenant for years or at will not holding over.

43-8-6. Rights of tenant for years or at will not holding over.A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the building, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest the crops growing at the end of his tenancy. Source: CivC 1877, §257; CL 1887, §2773; RCivC 1903, §280; RC 1919, §350; SDC 1939, §38.0405.
SD Codified L § 43-8-7 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-7 - Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.

43-8-7. Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease or for any waste or cause of forfeiture, as his grantor or devisor might have had. Source: CivC 1877, §259; CL 1887, §2775; RCivC 1903, §282; RC 1919, §352; SDC 1939, §38.0407.
SD Codified L § 43-8-8 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-8 - Estate at will--Termination by notice of not less than one month--Extended notice for active military service.

43-8-8. Estate at will--Termination by notice of not less than one month--Extended notice for active military service.A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant in the manner prescribed by §43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by §43-8-9 unless:(1)The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, or negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or(2)The landlord has sold the property or the property has passed to the landlord's estate.For the purposes of this section, an immediate family member is a spouse or minor child. Source: CivC 1877, §239; CL 1887, §2755; RCivC 1903, §262; RC 1919, §332; SDC 1939, §51.0501; SL 2011, ch 197, §1.
SD Codified L § 43-8-9 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-9 - Written notice to terminate estate at will required--Manner of delivery--Posting on premises.

43-8-9. Written notice to terminate estate at will required--Manner of delivery--Posting on premises.The notice prescribed by §43-8-8 must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read. Source: CivC 1877, §240; CL 1887, §2756; RCivC 1903, §263; RC 1919, §333; SDC 1939, §51.0502.
SD Codified L § 43-8-10 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-10 - Estate at will--Termination by notice--Reentry by landlord or action for possession.

43-8-10. Estate at will--Termination by notice--Reentry by landlord or action for possession.After the notice prescribed by §§43-8-8 and 43-8-9 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession. Source: CivC 1877, §241; CL 1887, §2757; RCivC 1903, §264; RC 1919, §334; SDC 1939, §51.0503.
SD Codified L § 43-8-11 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-11 - Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.

43-8-11. Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made any time after the right has accrued, upon three days' previous written notice of intention to reenter, served in the mode prescribed by §43-8-9. Source: CivC 1877, §242; CL 1887, §2758; RCivC 1903, §265; RC 1919, §335; SDC 1939, §51.0504.
SD Codified L § 43-8-12 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 08 - Present Estates In Real Property|Section 43-8-12 - Accrual of right to reenter--Notice of action for possession unnecessary.

43-8-12. Accrual of right to reenter--Notice of action for possession unnecessary.An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in §43-8-11. Source: CivC 1877, §243; CL 1887, §2759; RCivC 1903, §266; RC 1919, §336; SDC 1939, §51.0505.
SD Codified L § 43-9-1 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-1 - Freehold estate--Commencement at a future date.

43-9-1. Freehold estate--Commencement at a future date.Subject to the provisions of this chapter and of chapters 43-1 to 43-7, inclusive, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this chapter. Source: CivC 1877, §230; CL 1887, §2746; RCivC 1903, §253; RC 1919, §323; SDC 1939, §51.0414.
SD Codified L § 43-9-2 (2021)
2021 South Dakota Codified Laws|Title 43 - Property|Chapter 09 - Future Estates In Real Property|Section 43-9-2 - Limitation of future estate.

43-9-2. Limitation of future estate.A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. Source: CivC 1877, §224; CL 1887, §2740; RCivC 1903, §247; RC 1919, §317; SDC 1939, §51.0408.