reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-18 - Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.

43-11-18. Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.
Where an absolute power of disposition not accompanied by any trust is given to the owner of a particular estate for life or years, such estate is changed into a fee, absolute in favor of creditors, purchasers, or encumbrancers, but subject to any future estates limited thereon in case the power should not be executed or the property should not be sold for the satisfaction of debts.
Source:
CivC 1877, §336; CL 1887, §2852; RCivC 1903, §359; RC 1919, §426; SDC 1939, §59.0439.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-19 - Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.

43-11-19. Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.
Where an absolute power of disposition not accompanied by any trust is given to any person to whom no particular estate is limited, such person also takes a fee subject to any future estate that may be limited thereon but absolute in favor of creditors, purchasers, and encumbrancers.
Source:
CivC 1877, §337; CL 1887, §2853; RCivC 1903, §360; RC 1919, §427; SDC 1939, §59.0440.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-20 - Effect of absolute power of disposition of estate not limited by a remainder.

43-11-20. Effect of absolute power of disposition of estate not limited by a remainder.
In all cases where an absolute power of disposition is given not accompanied by any trust and no remainder is limited on the estate of the holder of the power, he is entitled to an absolute fee.
Source:
CivC 1877, §338; CL 1887, §2854; RCivC 1903, §361; RC 1919, §428; SDC 1939, §59.0441.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-21 - General and beneficial power to devise inheritance--Absolute power to dispose of fee.

43-11-21. General and beneficial power to devise inheritance--Absolute power to dispose of fee.
Where a general and beneficial power to devise the inheritance is given to the owner of an estate for life or for years, he is deemed to possess an absolute power of disposition within the meaning of §§43-11-18 to 43-11-20, inclusive.
Source:
CivC 1877, §339; CL 1887, §2855; RCivC 1903, §362; RC 1919, §429; SDC 1939, §59.0442.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-22 - Power of disposition absolute where holder can dispose of entire fee in his lifetime.

43-11-22. Power of disposition absolute where holder can dispose of entire fee in his lifetime.
Every power of disposition is deemed absolute by means of which the holder is enabled in his lifetime to dispose of the entire fee, in possession or in expectancy, for his own benefit.
Source:
CivC 1877, §340; CL 1887, §2856; RCivC 1903, §363; RC 1919, §430; SDC 1939, §59.0443.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-23 - Special and beneficial power to make leases valid during life estate.

43-11-23. Special and beneficial power to make leases valid during life estate.
A special and beneficial power is valid which is granted to the owner of a life estate in the property embraced in the power to make leases, commencing in possession during his life.
Source:
CivC 1877, §342; CL 1887, §2858; RCivC 1903, §365; RC 1919, §432; SDC 1939, §59.0445.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-24 - Special and beneficial power to lease void only as to excess term.

43-11-24. Special and beneficial power to lease void only as to excess term.
A special and beneficial power to make leases of agricultural land for more than ten years or of municipal lots for more than ninety-nine years is void only as to the time beyond ten or ninety-nine years and authorizes leases for those terms or less.
Source:
CivC 1877, §343; CL 1887, §2859; RCivC 1903, §366; RC 1919, §433; SDC 1939, §59.0446; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-25 - Transfer of power of owner of life estate to make leases.

43-11-25. Transfer of power of owner of life estate to make leases.
The power of the owner of a life estate to make leases is not transferable as a separate interest, but is annexed to his estate and will pass unless specially excepted by any grant of such estate. If specially excepted in any such grant, it is extinguished.
Source:
CivC 1877, §344; CL 1887, §2860; RCivC 1903, §367; RC 1919, §434; SDC 1939, §59.0447.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-26 - Release of power of owner of life estate to make leases.

43-11-26. Release of power of owner of life estate to make leases.
The power of the owner of a life estate to make leases may be released by him to any person entitled to a future estate in the property and is thereupon extinguished.
Source:
CivC 1877, §345; CL 1887, §2861; RCivC 1903, §368; RC 1919, §435; SDC 1939, §59.0448.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-27 - Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

43-11-27. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.
A mortgage executed by the owner of a life estate having a power to make leases by virtue of any beneficial power, does not extinguish or suspend the power, but the power is bound by the mortgage in the same manner as the real property embraced therein.
Source:
CivC 1877, §346; CL 1887, §2862; RCivC 1903, §369; RC 1919, §436; SDC 1939, §59.0449.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-28 - Effects on the power of a lien by mortgage.

43-11-28. Effects on the power of a lien by mortgage.
The effects on the power of a lien by mortgage such as is mentioned in §43-11-27 are:
(1)That the mortgagee is entitled to an execution of the power, so far as the satisfaction of his lien may require it; and
(2)That any subsequent estate created by the owner in the execution of the power becomes subject to the mortgage in the same manner as if in terms embraced therein.
Source:
CivC 1877, §347; CL 1887, §2863; RCivC 1903, §370; RC 1919, §437; SDC 1939, §59.0450.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-29 - Power to sell real property given as security for payment of money as part of the security.

43-11-29. Power to sell real property given as security for payment of money as part of the security.
Where a power to sell real property is given to a mortgagee or other encumbrancer in an instrument intended to secure the payment of money, the power is to be deemed a part of the security and vests in any person who by assignment becomes entitled to the money so secured to be paid and may be executed by him whenever the assignment is duly acknowledged and recorded.
Source:
CivC 1877, §313; CL 1887, §2829; RCivC 1903, §336; RC 1919, §405; SDC 1939, §59.0418.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-30 - Power irrevocable unless authorized by instrument creating the power.

43-11-30. Power irrevocable unless authorized by instrument creating the power.
Every power, beneficial or in trust, is irrevocable unless an authority to revoke it is given or reserved in the instrument creating the power.
Source:
CivC 1877, §311; CL 1887, §2827; RCivC 1903, §334; RC 1919, §403; SDC 1939, §59.0416.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-31 - Power as a lien upon real property.

43-11-31. Power as a lien upon real property.
A power is a lien upon the real property which it embraces from the time the instrument in which it is contained takes effect; except that against creditors, purchasers, and encumbrancers, in good faith and without notice, from any person having an estate in such real property, the power is a lien only from the time the instrument in which it is contained is duly recorded.
Source:
CivC 1877, §312; CL 1887, §2828; RCivC 1903, §335; RC 1919, §404; SDC 1939, §59.0417.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-32 - Enforcement of powers for benefit of interested parties.

43-11-32. Enforcement of powers for benefit of interested parties.
Every trust power unless its execution is made expressly to depend on the will of the trustee is imperative and imposes a duty on the trustee, the performance of which may be compelled for the benefit of the parties interested.
Source:
CivC 1877, §350; CL 1887, §2866; RCivC 1903, §373; RC 1919, §440; SDC 1939, §59.0453.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-33 - Liability of power to claims of creditors.

43-11-33. Liability of power to claims of creditors.
Every special and beneficial power is liable to the claims of creditors in the same manner as other interests that cannot be reached by execution, and the execution of the power may be adjudged for the benefit of the creditors entitled.
Source:
CivC 1877, §348; CL 1887, §2864; RCivC 1903, §371; RC 1919, §438; SDC 1939, §59.0451.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-34 - Execution of trust power for benefit of creditors or assignees of beneficiary.

43-11-34. Execution of trust power for benefit of creditors or assignees of beneficiary.
The execution, in whole or in part, of any trust power, may be adjudged for the benefit of the creditors or assignees of any person entitled as one of the beneficiaries of the trust, to compel its execution when his interest is transferable.
Source:
CivC 1877, §356; CL 1887, §2872; RCivC 1903, §379; RC 1919, §446; SDC 1939, §59.0459.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-35 - Right of trustee to select or exclude beneficiaries of trust.

43-11-35. Right of trustee to select or exclude beneficiaries of trust.
A trust power does not cease to be imperative where the trustee has the right to select any and exclude others of the persons designated as the beneficiaries of the trust.
Source:
CivC 1877, §351; CL 1887, §2867; RCivC 1903, §374; RC 1919, §441; SDC 1939, §59.0454.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-36 - Release of power to appoint--Execution by donee--Terms and conditions.

43-11-36. Release of power to appoint--Execution by donee--Terms and conditions.
A power to appoint which is exercisable by deed, by will, by deed or will, or otherwise, in whole or to any extent in favor of the donee of the power, his estate, his creditors, the creditors of his estate, or others, is releasable either with or without consideration, by written instrument executed by the donee. A power to appoint described herein is releasable with respect to the whole or any part of the property subject to such power and is also releasable in such manner as to reduce or limit the persons or objects in whose favor such power would otherwise be exercisable.
Source:
SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-37 - Validity of release of power to appoint.

43-11-37. Validity of release of power to appoint.
It is hereby declared that releases pursuant to §43-11-36 are in accordance with the public policy of this state and are valid and effectual whether heretofore or hereafter made.
Source:
SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-38 - Release of power to appoint--Filing and recording--Sufficiency of delivery.

43-11-38. Release of power to appoint--Filing and recording--Sufficiency of delivery.
If an instrument pursuant to §43-11-36 shall be executed and acknowledged in the manner provided for the execution and acknowledgment of instruments affecting real estate and filed for record and recorded in the office of the register of deeds of the county in which the donee of the power resides, the county of last residence of the donor of the power or the county in which any real estate which may be subject to the power is located, such filing and recording shall be deemed a sufficient delivery of such release.
Source:
SDC 1939, §59.0462 as enacted by SL 1945, ch 344.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-39 - Capacity to execute a power.

43-11-39. Capacity to execute a power.
A power cannot be executed by any person not capable of disposing of real property.
Source:
CivC 1877, §314; CL 1887, §2830; RCivC 1903, §337; RC 1919, §406; SDC 1939, §59.0419.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-40 - Married woman's capacity to execute a power.

43-11-40. Married woman's capacity to execute a power.
A married woman may execute a power during her marriage without the concurrence of her husband unless otherwise prescribed by the terms of the power.
Source:
CivC 1877, §315; CL 1887, §2831; RCivC 1903, §338; RC 1919, §407; SDC 1939, §59.0420.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-41 - Effect of execution of power by married woman.

43-11-41. Effect of execution of power by married woman.
When a married woman, entitled to an estate in fee, is authorized by a power to dispose of such estate during her marriage, she may, by virtue of such power, create any estate which she might create if unmarried.
Source:
CivC 1877, §332; CL 1887, §2848; RCivC 1903, §355; RC 1919, §423; SDC 1939, §59.0436.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-42 - Execution of power vested in several persons.

43-11-42. Execution of power vested in several persons.
Where a power is vested in several persons, all must unite in its execution; but in case any one or more of them is dead, the power may be executed by the survivor or survivors unless otherwise prescribed by the terms of the power.
Source:
CivC 1877, §318; CL 1887, §2834; RCivC 1903, §341; RC 1919, §409; SDC 1939, §59.0422.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-43 - Written instrument required for execution of power.

43-11-43. Written instrument required for execution of power.
A power can be executed only by a written instrument which would be sufficient to pass the estate or interest intended to pass under the power, if the person executing the power was the actual owner.
Source:
CivC 1877, §317; CL 1887, §2833; RCivC 1903, §340; RC 1919, §408; SDC 1939, §59.0421.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-44 - Power to dispose by grant not subject to execution by will.

43-11-44. Power to dispose by grant not subject to execution by will.
Where a power is confined to a disposition by grant, it cannot be executed by will even though the disposition is not intended to take effect until after the death of the person executing the power.
Source:
CivC 1877, §320; CL 1887, §2836; RCivC 1903, §343; RC 1919, §411; SDC 1939, §59.0424.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-45 - Power to dispose by devise or will--Execution by will required.

43-11-45. Power to dispose by devise or will--Execution by will required.
Where a power to dispose of real property is confined to a disposition by devise or will, the instrument of execution must be a will duly executed according to the provisions of the law relating to wills.
Source:
CivC 1877, §319; CL 1887, §2835; RCivC 1903, §342; RC 1919, §410; SDC 1939, §59.0423.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-46 - Power authorizing execution of instrument insufficient to pass estate--Law governing.

43-11-46. Power authorizing execution of instrument insufficient to pass estate--Law governing.
Where the author of a power has directed or authorized it to be executed by an instrument which would not be sufficient in law to pass the estate, the power is not void but its execution is to be governed by the rules prescribed in §§43-11-44 and 43-11-45.
Source:
CivC 1877, §321; CL 1887, §2837; RCivC 1903, §344; RC 1919, §412; SDC 1939, §59.0425.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-47 - Power directing formalities in addition to legal requirements--Observance unnecessary.

43-11-47. Power directing formalities in addition to legal requirements--Observance unnecessary.
Where the author of a power has directed any formalities to be observed in its execution, in addition to those which would be sufficient to pass the estate, the observance of such additional formalities is not necessary to a valid execution of the power.
Source:
CivC 1877, §322; CL 1887, §2838; RCivC 1903, §345; RC 1919, §413; SDC 1939, §59.0426.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-48 - Instrument in execution of power a conveyance--Record required.

43-11-48. Instrument in execution of power a conveyance--Record required.
Every instrument except a will, in execution of a power, even though the power is one of revocation only, is to be deemed a conveyance within the meaning of chapter 43-28 relating to recording transfers.
Source:
CivC 1877, §328; CL 1887, §2844; RCivC 1903, §351; RC 1919, §419; SDC 1939, §59.0432.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-49 - Nominal conditions annexed to power disregarded.

43-11-49. Nominal conditions annexed to power disregarded.
Where the conditions annexed to a power are merely nominal and evince no intention of actual benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded in the execution of the power.
Source:
CivC 1877, §323; CL 1887, §2839; RCivC 1903, §346; RC 1919, §414; SDC 1939, §59.0427.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-50 - Intention of author of power to be observed--Exception.

43-11-50. Intention of author of power to be observed--Exception.
With the exceptions contained in §§43-11-46 to 43-11-49, inclusive, the intentions of the author of a power as to the mode, time, and conditions of its execution must be observed, subject to the power of a circuit court to supply a defective execution in the cases provided in §§43-11-61 and 43-11-62.
Source:
CivC 1877, §324; CL 1887, §2840; RCivC 1903, §347; RC 1919, §415; SDC 1939, §59.0428.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-51 - Consent of third person to execution of power--Writing required--Signature.

43-11-51. Consent of third person to execution of power--Writing required--Signature.
When the consent of a third person to the execution of a power is requisite, such consent must be expressed in the instrument by which the power is executed or be certified in writing thereon. In the first case the instrument of execution, in the second, the certificate, must be subscribed by the party whose consent is required and to entitle the instrument to be recorded, such signature must be duly proved or acknowledged according to chapter 18-4.
Source:
CivC 1877, §325; CL 1887, §2841; RCivC 1903, §348; RC 1919, §416; SDC 1939, §59.0429.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-52 - Consent of several persons to execution of power--Sufficiency of consent of survivors.

43-11-52. Consent of several persons to execution of power--Sufficiency of consent of survivors.
Where the consent of several persons to the execution of a power is requisite, all must consent thereto; but in case any one or more of them is dead, the consent of the survivors is sufficient, unless otherwise prescribed by the terms of the power.
Source:
CivC 1877, §326; CL 1887, §2842; RCivC 1903, §349; RC 1919, §417; SDC 1939, §59.0430.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-53 - Effect of more extensive disposition or charge than authorized by power.

43-11-53. Effect of more extensive disposition or charge than authorized by power.
A disposition or charge by virtue of a power more extensive than was authorized thereby is not therefore void; but every estate or interest so created so far as it is embraced by the terms of the power, is valid.
Source:
CivC 1877, §329; CL 1887, §2845; RCivC 1903, §352; RC 1919, §420; SDC 1939, §59.0433.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-54 - Time during which right of alienation suspended by instrument in execution of power.

43-11-54. Time during which right of alienation suspended by instrument in execution of power.
The period during which the absolute right of alienation may be suspended by an instrument in execution of a power must be computed not from the date of the instrument but from the time of the creation of the power.
Source:
CivC 1877, §330; CL 1887, §2846; RCivC 1903, §353; RC 1919, §421; SDC 1939, §59.0434.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-55 - Conditions existing at the time of the creation of a power determine legality.

43-11-55. Conditions existing at the time of the creation of a power determine legality.
No estate or interest can be given or limited to any person by an instrument in execution of a power which could not have been given or limited at the time of the creation of the power.
Source:
CivC 1877, §331; CL 1887, §2847; RCivC 1903, §354; RC 1919, §422; SDC 1939, §59.0435.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-56 - Discretionary power of trustee as to distribution of estate or fund.

43-11-56. Discretionary power of trustee as to distribution of estate or fund.
Where the terms of a power import that the estate or fund is to be distributed among several persons designated in such manner or proportions as the trustee of the power may think proper, the trustee may allot the whole to any one or more of such persons in exclusion of the others.
Source:
CivC 1877, §353; CL 1887, §2869; RCivC 1903, §376; RC 1919, §443; SDC 1939, §59.0456.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-57 - Disposition under power to several persons--Allotment in equal proportions.

43-11-57. Disposition under power to several persons--Allotment in equal proportions.
Where a disposition under a power is directed to be made to, among, or between several persons without any specification of the share or sum to be allotted to each, all the persons designated are entitled in equal proportions.
Source:
CivC 1877, §352; CL 1887, §2868; RCivC 1903, §375; RC 1919, §442; SDC 1939, §59.0455.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-58 - Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.

43-11-58. Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.
If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution must be adjudged for the benefit equally of all the persons designated as objects of the trust.
Source:
CivC 1877, §354; CL 1887, §2870; RCivC 1903, §377; RC 1919, §444; SDC 1939, §59.0457.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-59 - Fraud in instruments in execution of a power.

43-11-59. Fraud in instruments in execution of a power.
Instruments in execution of a power are affected by fraud in the same manner as like instruments executed by owners or trustees.
Source:
CivC 1877, §334; CL 1887, §2850; RCivC 1903, §357; RC 1919, §425; SDC 1939, §59.0438.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-60 - Valid execution of instrument without reference to power.

43-11-60. Valid execution of instrument without reference to power.
Every instrument executed by the holder of a power conveying an estate or creating a charge which such holder would have no right to convey or create except by virtue of his power, is to be deemed a valid execution of the power, even though not recited or referred to therein.
Source:
CivC 1877, §327; CL 1887, §2843; RCivC 1903, §350; RC 1919, §418; SDC 1939, §59.0431.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-61 - Defective execution of power--Proper execution adjudged in favor of beneficiaries.

43-11-61. Defective execution of power--Proper execution adjudged in favor of beneficiaries.
Where the execution of a power in trust is defective in whole or in part under the provisions of this chapter, its proper execution may be adjudged in favor of the persons designated as the objects of the trust.
Source:
CivC 1877, §357; CL 1887, §2873; RCivC 1903, §380; RC 1919, §447; SDC 1939, §59.0460.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-62 - Defective execution of power--Relief of purchasers for a valuable consideration.

43-11-62. Defective execution of power--Relief of purchasers for a valuable consideration.
Purchasers for a valuable consideration, claiming under a defective execution of a power, are entitled to the same relief as similar purchasers claiming under a defective conveyance from an actual owner.
Source:
CivC 1877, §333; CL 1887, §2849; RCivC 1903, §356; RC 1919, §424; SDC 1939, §59.0437.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-63 - Failure to designate person to execute power in trust created by will--Execution by circuit court.

43-11-63. Failure to designate person to execute power in trust created by will--Execution by circuit court.
Where a power in trust is created by will and the testator has omitted to designate, expressly or by necessary implication, by whom the power is to be executed, its execution devolves on the circuit court.
Source:
CivC 1877, §355; CL 1887, §2871; RCivC 1903, §378; RC 1919, §445; SDC 1939, §59.0458.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-64 - Misconduct of trustee--Removal by circuit court--Law governing.

43-11-64. Misconduct of trustee--Removal by circuit court--Law governing.
The provisions of title 55, saving the rights of other persons from prejudice by the misconduct of trustees and authorizing the circuit court to remove and appoint trustees apply equally to powers in trust and the trustees of such powers.
Source:
CivC 1877, §358; CL 1887, §2874; RCivC 1903, §381; RC 1919, §448; SDC 1939, §59.0461; SL 2017, ch 204, §30.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 12 - Real Property Covenants › Section 43-12-1 - Covenants running with land defined.

43-12-1. Covenants running with land defined.
Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor, and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such covenants are said to run with the land.
Source:
CivC 1877, §819; CL 1887, §3443; RCivC 1903, §1136; RC 1919, §743; SDC 1939, §51.0423.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 12 - Real Property Covenants › Section 43-12-2 - Classification of covenants running with land.

43-12-2. Classification of covenants running with land.
The only covenants which run with the land are:
(1)Those made for the direct benefit of the property or some part of it, then in existence;
(2)Covenants of warranty for quiet enjoyment or for further assurance, on the part of the grantor;
(3)Covenants for the payment of rent or of taxes or assessments upon the land, on the part of a grantee; and
(4)All covenants incidental to any of the foregoing covenants.
Source:
CivC 1877, §§820 to 822; CL 1887, §§3444 to 3446; RCivC 1903, §§1137 to 1139; RC 1919, §§744 to 746; SDC 1939, §51.0424.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 12 - Real Property Covenants › Section 43-12-3 - Parties bound by covenants running with land.

43-12-3. Parties bound by covenants running with land.
A covenant running with the land binds those only who acquire the whole estate of the covenantor in all or some part of the property.
Source:
CivC 1877, §824; CL 1887, §3448; RCivC 1903, §1141; RC 1919, §748; SDC 1939, §51.0425.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 12 - Real Property Covenants › Section 43-12-4 - Covenants running with land--Limitation to certain assigns.

43-12-4. Covenants running with land--Limitation to certain assigns.
A covenant for the addition of some new thing to real property, or for the direct benefit of some part of the property not then in existence or annexed thereto, when contained in a grant of an estate in such property, and made by the covenantor expressly for his assigns, or to the assigns of the covenantee, runs with the land so far only as the assigns thus mentioned are concerned.
Source:
CivC 1877, §823; CL 1887, §3447; RCivC 1903, §1140; RC 1919, §747; SDC 1939, §51.0426.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 12 - Real Property Covenants › Section 43-12-5 - Liability for breach of covenant running with land.

43-12-5. Liability for breach of covenant running with land.
No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.
Source:
CivC 1877, §825; CL 1887, §3449; RCivC 1903, §1142; RC 1919, §749; SDC 1939, §51.0427.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 12 - Real Property Covenants › Section 43-12-6 - Apportionment of burden or benefit of covenant running with land between several titles.

43-12-6. Apportionment of burden or benefit of covenant running with land between several titles.
Where several persons holding by several titles are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.
Source:
CivC 1877, §826; CL 1887, §3450; RCivC 1903, §1143; RC 1919, §750; SDC 1939, §51.0428.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-1 - Granting and holding of servitudes not attached to land.

43-13-1. Granting and holding of servitudes not attached to land.
The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:
(1)The right to pasture, and of fishing and taking game;
(2)The right of a seat in church;
(3)The right of burial;
(4)The right of taking rents and tolls;
(5)The right of way;
(6)The right of taking water, wood, minerals, or other things.
Source:
CivC 1877, §245; CL 1887, §2761; RCivC 1903, §268; RC 1919, §338; SDC 1939, §51.0602.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-2 - Easements--Definition--Classification.

43-13-2. Easements--Definition--Classification.
The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements:
(1)The right of pasturage;
(2)The right of fishing;
(3)The right of taking game;
(4)The right of way;
(5)The right of taking water, wood, minerals, and other things;
(6)The right of transacting business upon land;
(7)The right of conducting lawful sports upon land;
(8)The right of receiving air, light, or heat from or over, or discharging the same upon or over land;
(9)The right of receiving water from or discharging the same upon land;
(10)The right of flooding land;
(11)The right of having water flow without diminution or disturbance of any kind;
(12)The right of using a wall as a party wall;
(13)The right of receiving more than natural support from adjacent land or things affixed thereto;
(14)The right of having the whole of a division fence maintained by a coterminous owner;
(15)The right of having public conveyances stopped, or of stopping the same on land;
(16)The right of burial;
(17)The right of preserving land areas for public recreation, education, or scenic enjoyment;
(18)The right of preserving historically important land area or structures;
(19)The right of preserving natural environmental systems.
Source:
CivC 1877, §244; CL 1887, §2760; RCivC 1903, §267; RC 1919, §337; SDC 1939, §51.0601; SL 1982, ch 296.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-3 - Definition of terms--Dominant tenement--Servient tenement.

43-13-3. Definition of terms--Dominant tenement--Servient tenement.
The land to which an easement is attached is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement.
Source:
CivC 1877, §246; CL 1887, §2762; RCivC 1903, §269; RC 1919, §339; SDC 1939, §51.0603.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-4 - Creation of servitude--Vested estate in servient tenement necessary.

43-13-4. Creation of servitude--Vested estate in servient tenement necessary.
A servitude can be created only by one who has a vested estate in the servient tenement.
Source:
CivC 1877, §247; CL 1887, §2763; RCivC 1903, §270; RC 1919, §340; SDC 1939, §51.0604.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-5 - Extent of servitude--Determination.

43-13-5. Extent of servitude--Determination.
The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.
Source:
CivC 1877, §249; CL 1887, §2765; RCivC 1903, §272; RC 1919, §342; SDC 1939, §51.0604.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-6 - Owner of servient tenement cannot hold servitude--Extinguishment of servitude.

43-13-6. Owner of servient tenement cannot hold servitude--Extinguishment of servitude.
A servitude thereon cannot be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.
Source:
CivC 1877, §§248, 254, subdiv 1; CL 1887, §§2764, 2770, subdiv 1; RCivC 1903, §§271, 277, subdiv 1; RC 1919, §§341, 347 (1); SDC 1939, §§51.0604, 51.0609 (1).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-7 - Effect of partition of dominant tenement--Apportionment of burden--Limitation.

43-13-7. Effect of partition of dominant tenement--Apportionment of burden--Limitation.
In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement.
Source:
CivC 1877, §250; CL 1887, §2766; RCivC 1903, §273; RC 1919, §343; SDC 1939, §51.0605.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-8 - Use of easements by owner of future estate in dominant tenement.

43-13-8. Use of easements by owner of future estate in dominant tenement.
The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant.
Source:
CivC 1877, §251; CL 1887, §2767; RCivC 1903, §274; RC 1919, §344; SDC 1939, §51.0606.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-9 - Owner or occupant of dominant tenement--Right to enforce easement.

43-13-9. Owner or occupant of dominant tenement--Right to enforce easement.
The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto.
Source:
CivC 1877, §252; CL 1887, §2768; RCivC 1903, §275; RC 1919, §345; SDC 1939, §51.0607.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-10 - Owner in fee of servient tenement--Action for possession of land--Public servitude.

43-13-10. Owner in fee of servient tenement--Action for possession of land--Public servitude.
The owner in fee of a servient tenement may maintain an action for the possession of the land, against anyone unlawfully possessed thereof, though a servitude exists thereon in favor of the public.
Source:
CivC 1877, §253; CL 1887, §2769; RCivC 1903, §276; RC 1919, §346; SDC 1939, §51.0608.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-11 - Destruction of servient tenement extinguishes servitude.

43-13-11. Destruction of servient tenement extinguishes servitude.
A servitude is extinguished by the destruction of the servient tenement.
Source:
CivC 1877, §254, subdiv 2; CL 1887, §2770, subdiv 2; RCivC 1903, §277, subdiv 2; RC 1919, §347 (2); SDC 1939, §51.0609 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-12 - Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.

43-13-12. Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise.
Source:
CivC 1877, §254, subdiv 3; CL 1887, §2770, subdiv 3; RCivC 1903, §277, subdiv 3; RC 1919, §347 (3); SDC 1939, §51.0609 (3).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-13 - Servitude acquired by enjoyment extinguished by disuse for prescribed period.

43-13-13. Servitude acquired by enjoyment extinguished by disuse for prescribed period.
A servitude acquired by enjoyment is extinguished by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.
Source:
CivC 1877, §254, subdiv 4; CL 1887, §2770, subdiv 4; RCivC 1903, §277, subdiv 4; RC 1919, §347 (4); SDC 1939, §51.0609 (4).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-16 - Wind easement defined.

43-13-16. Wind easement defined.
For purposes of §§43-13-17 to 43-13-20.5, inclusive, the term, wind easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for the purpose of ensuring adequate exposure of a wind power system to the winds, or an agreement to refrain from developing a wind power system.
Source:
SL 1996, ch 260, §1; SL 2010, ch 213, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-16.1 - Solar easement defined.

43-13-16.1. Solar easement defined.
For purposes of §§43-13-17 to 43-13-20.5, inclusive, the term, solar easement, means a right, whether or not stated in the form of a restriction, option to obtain an easement, easement, covenant, or condition, in any deed, will, or other instrument executed by or on behalf of any owner of land or air space for the purpose of ensuring adequate exposure of a photovoltaic solar power system to the sun, or an agreement to refrain from developing a photovoltaic solar power system.
Source:
SL 2017, ch 188, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-17 - Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances--Encumbrances.

43-13-17. Granting of wind or solar easements--Recording--Maximum term--Development of energy potential required--Encumbrances.
Any property owner may grant a wind or solar easement in the same manner and with the same effect as a conveyance of an interest in real property. The easement shall be created in writing, and the easement or a memorandum thereof shall be filed, duly recorded, and indexed in the office of the register of deeds of the county in which the easement is granted. Any such easement runs with the land or lands benefited and burdened and terminates upon the conditions stated in the easement, except that the term of any such easement may not exceed fifty years. Any such easement is void if no development of the potential to produce energy from wind power or solar power associated with the easement has occurred within five years after the effective date of the easement. Any payments associated with the granting or continuance of any such easement shall be made on an annual basis to the owner of record of the real property at the time the payment is made. If the easement holder mortgages or otherwise encumbers to any party any part of the easement holder's rights and interests under the easement, any such mortgage or encumbrance on the easement is the responsibility of the easement holder and attaches only to the easement holder's rights and does not otherwise attach to the land or obligate the property owner. Each wind or solar easement agreement shall include a statement disclosing that the easement holder may mortgage or encumber any part of the easement holder's rights and interests under the agreement unless otherwise specified in the agreement.
Source:
SL 1996, ch 260, §2; SL 2003, ch 227, §1; SL 2009, ch 222, §1; SL 2010, ch 213, §2; SL 2017, ch 188, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-18 - Contents of wind or solar easement instruments.

43-13-18. Contents of wind or solar easement instruments.
Any deed, will, or other instrument that creates a wind or solar easement shall include:
(1)A description of the real property subject to the easement and a description of the real property benefiting from the wind or solar easement;
(2)A description of the vertical and horizontal angles, expressed in degrees, and distances from the site of the wind or solar power system in which an obstruction to the wind or sun is prohibited or limited;
(3)Any terms or conditions under which the easement is granted or may be terminated;
(4)Any provisions for compensation of the owner of the real property benefiting from the easement in the event of interference with the enjoyment of the easement, or compensation of the owner of the real property subject to the easement for maintaining the easement; and
(5)Any other provision necessary or desirable to execute the instrument.
Source:
SL 1996, ch 260, §3; SL 2017, ch 188, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-19 - Severance of wind or solar energy rights limited.

43-13-19. Severance of wind or solar energy rights limited.
No interest in any resource located on a tract of land and associated with the production or potential production of energy from wind or solar power on the tract of land may be severed from the surface estate as defined in §45-5A-3, except that such rights may be leased for a period not to exceed fifty years. Any such lease is void if no development of the potential to produce energy from wind or solar power has occurred on the land within five years after the lease began. The payment of the lease shall be on an annual basis.
Source:
SL 1996, ch 260, §4; SL 2017, ch 188, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-20 - Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception.

43-13-20. Holder of wind or solar easement, lease, or easement for essential services to accommodate reasonable development of another holder--Exception.
The holder of any wind or solar easement, wind or solar lease, or easement for essential services shall accommodate the reasonable development of another holder of any wind or solar easement, wind or solar lease, or easement for essential services except for competing developers of wind or solar energy projects. For purposes of this section, the term, essential services, includes any electric transmission and distribution lines and associated facilities, telecommunications facilities, and rural water systems.
Source:
SL 2009, ch 223, §1; SL 2017, ch 188, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 13 - Easements And Servitudes › Section 43-13-20.1 - Extension of wind development period--Filing of affidavit.

43-13-20.1. Extension of wind development period--Filing of affidavit.
The five-year development period specified in §§43-13-17 and 43-13-19 shall be extended to a maximum development period of twelve years only for a wind developer that files a sworn affidavit with the Public Utilities Commission. The affidavit is for informational purposes only and shall:
(1)State the intention of the wind developer to pursue a proposed wind energy project of five hundred megawatts or greater in nameplate capacity and a transmission solution for the project involving an interstate electric transmission line with a design of 345 kV or greater; and
(2)Describe the geographic area covered by the project.
The twelve-year period applies to any wind easement or wind lease for property within the geographic area described in the affidavit and held under a wind easement or wind lease by the developer filing the certification or its affiliate, member, or partner.
The twelve-year maximum development period commences on the earlier of the effective date of the wind easement or wind lease or the date the wind easement or wind lease was executed by all parties to the agreement.
Source:
SL 2010, ch 213, §3; SL 2017, ch 188, §6.