reglab/housing_qa huggingface dataset:
SD Codified L § 21-45-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-13 - Abstract of title or title insurance policy--Notice of availability--Custody and inspection--Allowance as costs.

21-45-13. Abstract of title or title insurance policy--Notice of availability--Custody and inspection--Allowance as costs.If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest thereon from the time the same is subject to the inspection of the respective parties, must be allowed and taxed. Whenever such abstract is produced by the plaintiff before the commencement of the action, he must file with his complaint a notice that an abstract of the title has been made and is subject to the inspection and use of all the parties to the action, designating therein where the abstract will be kept for inspection. But if the plaintiff shall have failed to procure such abstract before commencing the action, and any defendant shall procure the same to be made, he shall, as soon as he has directed it to be made, file a notice thereof in the action with the clerk of courts, stating who is making the same, and where it will be kept when finished. The court, or the judge thereof, may direct, from time to time, during the progress of the action, who shall have the custody of the abstract. For purposes of this section, a title insurance policy may be submitted in lieu of an abstract. Source: CCivP 1877, §594; CL 1887, §5408; RCCivP 1903, §633; RC 1919, §2844; SDC 1939 & Supp 1960, §37.1441; SL 2015, ch 124, §1.
SD Codified L § 21-45-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-14 - Interest allowed on disbursements directed by court.

21-45-14. Interest allowed on disbursements directed by court.Whenever, during the progress of the action for partition, any disbursements shall have been made under the direction of the court or the judge thereof, by a party thereto, interest must be allowed thereon from the time of making such disbursements. Source: CCivP 1877, §596; CL 1887, §5410; RCCivP 1903, §635; RC 1919, §2845; SDC 1939 & Supp 1960, §37.1440.
SD Codified L § 21-45-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-15 - Order directing partition of property--Referees appointed.

21-45-15. Order directing partition of property--Referees appointed.Except as provided by §21-45-28, upon requisite proof being made, the court must order partition of the property in kind according to the respective rights of the parties, as ascertained by the court, and must designate the portion to remain undivided for the owners whose interests remain unknown or are not ascertained. For partition in kind the court must appoint three referees unless the parties file written consent for one, in which case one only shall be appointed and may perform all of the duties required of three. Source: CCivP 1877, §§559, 593; CL 1887, §§5373, 5407; RCCivP 1903, §§598, 632; RC 1919, §§2809, 2843; SDC 1939 & Supp 1960, §37.1412.
SD Codified L § 21-45-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-16 - Partition by original cotenancies--Further partition or cotenancy.

21-45-16. Partition by original cotenancies--Further partition or cotenancy.Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition, in the first instance, among all the parties in interest, the court may first ascertain and determine the shares or interest respectively held by the original cotenants, and thereupon adjudge and cause a partition to be made, as if such original cotenants were the parties and sole parties in interest, and the only parties to the action; and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained or allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof, as they may desire. Source: CCivP 1877, §556; CL 1887, §5370; RCCivP 1903, §595; RC 1919, §2806; SDC 1939 & Supp 1960, §37.1410.
SD Codified L § 21-45-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-17 - Partition according to respective rights of parties--Surveys and landmarks.

21-45-17. Partition according to respective rights of parties--Surveys and landmarks.In making the partition, the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them. Source: CCivP 1877, §560; CL 1887, §5374; RCCivP 1903, §599; RC 1919, §2810; SDC 1939 & Supp 1960, §37.1413.
SD Codified L § 21-45-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-18 - Road or street set aside before partition or sale.

21-45-18. Road or street set aside before partition or sale.Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart shall not be assigned to any of the parties or sold, but shall remain an open and public way, road, or street, unless the referees shall set the same apart as a private way for the use of the parties interested, or some of them, their heirs, or assigns, in which case it shall remain such private way. Source: CCivP 1877, §560; CL 1887, §5374; RCCivP 1903, §599; RC 1919, §2810; SDC 1939 & Supp 1960, §37.1413.
SD Codified L § 21-45-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-19 - Unequal division with compensatory payments between parties.

21-45-19. Unequal division with compensatory payments between parties.When it appears that the partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another, on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. In all cases the court has power to make compensatory adjustment between the respective parties, according to the ordinary principles of equity. Source: CCivP 1877, §588; CL 1887, §5402; RCCivP 1903, §627; RC 1919, §2838; SDC 1939 & Supp 1960, §37.1427.
SD Codified L § 21-45-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-20 - Report of referees on partition made.

21-45-20. Report of referees on partition made.The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided and the share allotted to each party, with a particular description of each share. Source: CCivP 1877, §561; CL 1887, §5375; RCCivP 1903, §600; RC 1919, §2811; SDC 1939 & Supp 1960, §37.1414.
SD Codified L § 21-45-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-21 - Expenses and fees apportioned among parties.

21-45-21. Expenses and fees apportioned among parties.The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties to the action, equitably. Source: CCivP 1877, §564; CL 1887, §5378; RCCivP 1903, §603; RC 1919, §2814; SDC 1939 & Supp 1960, §37.1415.
SD Codified L § 21-45-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-22 - Court action on referees' report--Appointment of new referees.

21-45-22. Court action on referees' report--Appointment of new referees.The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees. Source: CCivP 1877, §562; CL 1887, §5376; RCCivP 1903, §601; RC 1919, §2812; SDC 1939 & Supp 1960, §37.1416.
SD Codified L § 21-45-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-23 - Judgment of partition--Persons bound by judgment.

21-45-23. Judgment of partition--Persons bound by judgment.Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:(1)On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee, or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life;(2)On all persons interested in the property, who may be unknown, to whom notice has been given in the action for partition by publication;(3)On all other persons claiming from such parties or persons, or either of them. Source: CCivP 1877, §562; CL 1887, §5376; RCCivP 1903, §601; RC 1919, §2812; SDC 1939 & Supp 1960, §37.1416.
SD Codified L § 21-45-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-24 - Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.

21-45-24. Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them. Source: CCivP 1877, §592; CL 1887, §5406; RCCivP 1903, §631; RC 1919, §2842; SDC 1939 & Supp 1960, §37.1442.
SD Codified L § 21-45-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-25 - Tenants for years not affected by judgment.

21-45-25. Tenants for years not affected by judgment.The judgment of partition does not affect tenants for years less than ten, to the whole of the property which is the subject of the partition. Source: CCivP 1877, §563; CL 1887, §5377; RCCivP 1903, §602; RC 1919, §2813; SDC 1939 & Supp 1960, §37.1417.
SD Codified L § 21-45-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-26 - Judgment survives death of party.

21-45-26. Judgment survives death of party.No judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns of such decedent, as if it had been entered before his death. Source: CCivP 1877, §562; CL 1887, §5376; RCCivP 1903, §601; RC 1919, §2812; SDC 1939 & Supp 1960, §37.1416.
SD Codified L § 21-45-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-27 - Lien on undivided interest chargeable to share allocated--Partition costs preferred.

21-45-27. Lien on undivided interest chargeable to share allocated--Partition costs preferred.When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien. Source: CCivP 1877, §565; CL 1887, §5379; RCCivP 1903, §604; RC 1919, §2815; SDC 1939 & Supp 1960, §37.1428.
SD Codified L § 21-45-28 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-28 - Sale ordered when partition not practical--Appointment of referees.

21-45-28. Sale ordered when partition not practical--Appointment of referees.If it appear to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, for which purpose it may appoint one or more, but not exceeding three referees, in its discretion. Source: CCivP 1877, §§559, 593; CL 1887, §§5373, 5407; RCCivP 1903, §§598, 632; RC 1919, §§2809, 2843; SDC 1939 & Supp 1960, §37.1412.
SD Codified L § 21-45-29 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-29 - Estate for life or years set off in part of property not sold.

21-45-29. Estate for life or years set off in part of property not sold.When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property, not ordered to be sold. Source: CCivP 1877, §566; CL 1887, §5380; RCCivP 1903, §605; RC 1919, §2816; SDC 1939 & Supp 1960, §37.1429.
SD Codified L § 21-45-30 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-30 - Sale at public auction to highest bidder--Publication of notice of sale.

21-45-30. Sale at public auction to highest bidder--Publication of notice of sale.All sales of real property, made by referees, under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution, except that the sale may be held at the site of the property when so ordered by the court. The notice must state the terms of sale, and if the property, or any part of it, is to be sold subject to a prior estate, charge or lien, that must be stated in the notice. Source: CCivP 1877, §571; CL 1887, §5385; RCCivP 1903, §610; RC 1919, §2821; SDC 1939, §37.1430; SL 1943, ch 137, §1; SL 1957, ch 193.
SD Codified L § 21-45-31 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-31 - Order for sale at site of property--Reservation of power to receive higher bid at hearing.

21-45-31. Order for sale at site of property--Reservation of power to receive higher bid at hearing.In the order for sale the court may provide for a sale at the site of the property upon a showing that it would be advantageous to have the sale where the property is located, and shall also provide that the sale may not be confirmed should a higher and better bid, in an amount to be specified in said order, be filed in writing at the hearing upon the report of sale by the referee. Source: SDC 1939, §37.1430 as added by SL 1943, ch 137, §1; SL 1957, ch 193.
SD Codified L § 21-45-32 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-32 - Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.

21-45-32. Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.In all cases of sales of property, the terms must be made known at the time, and if the premises consist of distinct farms or lots, they must be sold separately. The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase money of any portion of the real property, of which it may direct a sale on credit, and for that portion of which the purchase money is required to be invested for the benefit of unknown owners, infants, or parties out of the state. Source: CCivP 1877, §§572, 578; CL 1887, §§5386, 5392; RCCivP 1903, §§611, 617; RC 1919, §§2822, 2828; SDC 1939, §37.1430; SL 1943, ch 137, §1; SL 1957, ch 193.
SD Codified L § 21-45-33 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-33 - Referees and conservators disqualified from purchasing at sale.

21-45-33. Referees and conservators disqualified from purchasing at sale.None of the referees, nor any person for the benefit of any of them, can be interested in any purchase; nor can a conservator of a minor party be interested in the purchase of any real property being the subject of the action except for the benefit of the minor. All sales contrary to the provisions of this section are void. Source: SDC 1939 & Supp 1960, §37.1434; SL 1993, ch 213, §103.
SD Codified L § 21-45-34 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-34 - Purchase by cotenant or lien holder.

21-45-34. Purchase by cotenant or lien holder.When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. Source: CCivP 1877, §582; CL 1887, §5396; RCCivP 1903, §621; RC 1919, §2832; SDC 1939 & Supp 1960, §37.1435.
SD Codified L § 21-45-35 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-35 - Payment to guardian of proceeds of sale.

21-45-35. Payment to guardian of proceeds of sale.If the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to his guardian, or the guardian ad litem appointed for him in the action, upon giving the security required by law, or directed by order of the court. Source: SDC 1939 & Supp 1960, §37.1425; SL 1993, ch 213, §104.
SD Codified L § 21-45-36 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-36 - Undertaking required of conservator receiving proceeds of sale.

21-45-36. Undertaking required of conservator receiving proceeds of sale.The conservator of a minor or protected person whose interest in real property has been sold, may receive in behalf of such person his share of the proceeds of such real property from the referees, on executing, with sufficient sureties, an undertaking, approved by a judge of the court, that he will faithfully discharge the trust imposed in him, and will render a true and just account to the person entitled thereto, or to his legal representative. Source: SDC 1939 & Supp 1960, §37.1426; SL 1993, ch 213, §105.
SD Codified L § 21-45-37 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-37 - Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt.

21-45-37. Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt.When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referees, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities must be taken in the names of and payable to the parties respectively entitled thereto, and must be delivered to such parties upon their receipts therefor. Such agreement and receipt must be returned and filed with the clerk. Source: CCivP 1877, §586; CL 1887, §5400; RCCivP 1903, §625; RC 1919, §2836; SDC 1939 & Supp 1960, §37.1433.
SD Codified L § 21-45-38 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-38 - Separate securities taken in names of parties by referees.

21-45-38. Separate securities taken in names of parties by referees.The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money, or such parts of the property as are directed by the court to be sold on credit, for the shares of any known owner of full age, in the name of such owner; and for the shares of a minor, in the name of the conservator of such minor; and for other shares in the name of the clerk of courts, and his successors in office. Source: SDC 1939 & Supp 1960, §37.1431; SL 1993, ch 213, §106.
SD Codified L § 21-45-39 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-39 - Distribution by referees of proceeds of sale--Payment into court.

21-45-39. Distribution by referees of proceeds of sale--Payment into court.The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, wherever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court, or deposited therein, or as directed by the court. Source: CCivP 1877, §569; CL 1887, §5383; RCCivP 1903, §608; RC 1919, §2819; SDC 1939 & Supp 1960, §37.1420.
SD Codified L § 21-45-40 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-40 - Clerk of courts to take and hold security and investment of proceeds.

21-45-40. Clerk of courts to take and hold security and investment of proceeds.When the security of the proceeds of the sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the clerk of courts of the county where the papers are filed, and his successors in office, who must hold the same for the use and benefit of the parties interested, subject to the order of the court. Source: CCivP 1877, §585; CL 1887, §5399; RCCivP 1903, §624; RC 1919, §2835; SDC 1939 & Supp 1960, §37.1432.