reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-6 - Law governing real property.

43-1-6. Law governing real property.
Real property within this state is governed by the law of this state, except where the title is in the United States.
Source:
CivC 1877, §217; CL 1887, §2733; RCivC 1903, §240; RC 1919, §310; SDC 1939, §51.0401.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 01 - General Provisions And Classes Of Property › Section 43-1-7 - Law governing personal property.

43-1-7. Law governing personal property.
If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicile.
Source:
CivC 1877, §359; CL 1887, §2875; RCivC 1903, §382; RC 1919, §470; SDC 1939, §51.0801.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-1 - Ownership defined.

43-2-1. Ownership defined.
The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others.
Source:
CivC 1877, §159; CL 1887, §2675; RCivC 1903, §182; RC 1919, §252; SDC 1939, §51.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-2 - Property and rights subject to ownership.

43-2-2. Property and rights subject to ownership.
There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, computer programs, trade marks, service marks, marks and signs, and of rights created or granted by statute.
Source:
CivC 1877, §160; CL 1887, §2676; RCivC 1903, §183; RC 1919, §253; SDC 1939, §51.0201; SL 1980, ch 264, §21; SL 1982, ch 300, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-3 - Wild animals subject to ownership.

43-2-3. Wild animals subject to ownership.
Animals, wild by nature, are the subjects of ownership when tamed or taken and held in possession, or disabled and immediately pursued.
Source:
CivC 1877, §161; CL 1887, §2677; RCivC 1903, §184; RC 1919, §254; SDC 1939, §51.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-4 - Absolute or qualified ownership of property.

43-2-4. Absolute or qualified ownership of property.
The ownership of property is either:
(1)Absolute; or
(2)Qualified.
Source:
CivC 1877, §171; CL 1887, §2687; RCivC 1903, §194; RC 1919, §264; SDC 1939, §51.0207.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-5 - Absolute ownership of property defined.

43-2-5. Absolute ownership of property defined.
The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws.
Source:
CivC 1877, §172; CL 1887, §2688; RCivC 1903, §195; RC 1919, §265; SDC 1939, §51.0208.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-6 - Qualified ownership of property defined.

43-2-6. Qualified ownership of property defined.
The ownership of property is qualified:
(1)When it is shared with one or more persons;
(2)When the time of enjoyment is deferred or limited; or
(3)When the use is restricted.
Source:
CivC 1877, §173; CL 1887, §2689; RCivC 1903, §196; RC 1919, §266; SDC 1939, §51.0209.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-7 - Public or private ownership of property--State as private proprietor.

43-2-7. Public or private ownership of property--State as private proprietor.
All property in this state has an owner, whether that owner is the United States or the state, and the property public; or the owner an individual, and the property private. The state may also hold property as a private proprietor.
Source:
CivC 1877, §168; CL 1887, §2684; RCivC 1903, §191; RC 1919, §261; SDC 1939, §51.0202.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-8 - Property owned by state.

43-2-8. Property owned by state.
The state is the owner of all property lawfully appropriated or dedicated to its own use, and of all property of which there is no other owner.
Source:
CivC 1877, §169; CL 1887, §2685; RCivC 1903, §192; RC 1919, §262; SDC 1939, §51.0204.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-9 - Right of individual to take, hold, and dispose of property.

43-2-9. Right of individual to take, hold, and dispose of property.
Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state, except as provided in §43-2A-2.
Source:
CivC 1877, §170; CL 1887, §2686; SL 1890, ch 123; RCivC 1903, §193; RC 1919, §263; SDC 1939, §51.0205; SL 1979, ch 291, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-10 - Sole ownership of property.

43-2-10. Sole ownership of property.
The ownership of property by a single person is designated as a sole or several ownership.
Source:
CivC 1877, §174; CL 1887, §2690; RCivC 1903, §197; RC 1919, §267; SDC 1939, §51.0210.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-11 - Ownership of property by several persons.

43-2-11. Ownership of property by several persons.
The ownership of property by several persons is either:
(1)Of joint interests;
(2)Of partnership interests; or
(3)Of interests in common.
Source:
CivC 1877, §175; CL 1887, §2691; RCivC 1903, §198; RC 1919, §268; SDC 1939, §51.0211.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-12 - Joint tenancy interest--Title created by will or transfer.

43-2-12. Joint tenancy interest--Title created by will or transfer.
A joint tenancy interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants.
Source:
CivC 1877, §176; CL 1887, §2692; RCivC 1903, §199; RC 1919, §269; SDC 1939, §51.0212; SL 1951, ch 255; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-13 - Conveyance of interest in property to spouse--Joint tenancy created.

43-2-13. Conveyance of interest in property to spouse--Joint tenancy created.
Any deed, transfer, or assignment of real or personal property from husband to wife or from wife to husband which conveys an interest in the grantor's lands or personal property and by its terms evinces an intent on the part of the grantor to create a joint tenancy between grantor and grantee shall be held and construed to create such joint tenancy, and any husband and wife who are grantor and grantee in any such deed, transfer, or assignment heretofore given shall hold the property described in such deed, transfer, or assignment as joint tenants.
Source:
SDC 1939, §51.0212 as added by SL 1951, ch 255.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-14 - Conveyance to two or more grantees creating joint tenancy.

43-2-14. Conveyance to two or more grantees creating joint tenancy.
Any deed, transfer, or assignment of real or personal property to two or more grantees, including any deed in which a grantor is also a grantee, which, by the method of describing such grantees or by the language of the granting habendum clause therein evinces an intent to create a joint tenancy in grantees shall be held and construed to create such joint tenancy.
Source:
SDC 1939, §51.0212 as added by SL 1951, ch 255.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-15 - Partnership interest defined.

43-2-15. Partnership interest defined.
A partnership interest is one owned by several persons, in partnership, for partnership purposes.
Source:
CivC 1877, §177; CL 1887, §2693; RCivC 1903, §200; RC 1919, §270; SDC 1939, §51.0213.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-16 - Interest in common defined.

43-2-16. Interest in common defined.
An interest in common is one owned by several persons not in joint ownership or partnership.
Source:
CivC 1877, §178; CL 1887, §2694; RCivC 1903, §201; RC 1919, §271; SDC 1939, §51.0214.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02 - Ownership Of Property › Section 43-2-17 - Interest created in several persons in their own right as interest in common.

43-2-17. Interest created in several persons in their own right as interest in common.
Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in §§43-2-12 to 43-2-14, inclusive.
Source:
CivC 1877, §179; CL 1887, §2695; RCivC 1903, §202; RC 1919, §272; SDC 1939, §51.0214.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-1 - "Agricultural land" defined.

43-2A-1."Agricultural land" defined.
For purposes of this chapter, the term "agricultural land" means land capable of use in the production of agricultural crops, timber, livestock or livestock products, poultry or poultry products, milk or dairy products, or fruit and other horticultural products but does not include any royalty interest, any oil, gas, or other mineral interest, or any lease, right-of-way, option, or easement relating thereto, or any land zoned by a local governmental unit for a use other than and nonconforming with agricultural use.
Source:
SL 1979, ch 291, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-2 - Maximum alien ownership of agricultural land--Exceptions.

43-2A-2. Maximum alien ownership of agricultural land--Exceptions.
No alien, who is not a resident of this state, of some state or territory of the United States or of the District of Columbia; and no foreign government shall hereafter acquire agricultural lands, or any interest therein, exceeding one hundred sixty acres, except such as may be acquired by devise or inheritance, and such as may be held as security for indebtedness. The provisions of this section do not apply to citizens, foreign governments or subjects of a foreign country whose right to hold land are secured by treaty.
Source:
SL 1979, ch 291, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-3 - Agricultural land acquired by devise or descent--Time to alienate title.

43-2A-3. Agricultural land acquired by devise or descent--Time to alienate title.
All nonresident aliens who may acquire agricultural lands in this state by devise or descent shall have three years from the date of so acquiring such title in which to alienate such agricultural lands.
Source:
SL 1979, ch 291, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-4 - Aliens acquiring agricultural land by process of law--Time to alienate title.

43-2A-4. Aliens acquiring agricultural land by process of law--Time to alienate title.
The prohibitions of §43-2A-2 do not apply to agricultural lands acquired by process of law in the collection of debts, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise. However, all agricultural lands so acquired shall be disposed of within three years after acquiring title.
Source:
SL 1979, ch 291, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-5 - Nonresident alien becoming bona fide resident--Right to acquire agricultural land.

43-2A-5. Nonresident alien becoming bona fide resident--Right to acquire agricultural land.
Any nonresident alien who is or becomes a bona fide resident of this state, of some state or territory of the United States or of the District of Columbia, shall have the right to acquire and hold agricultural lands in this state upon the same terms as citizens of this state during the continuance of such bona fide residence. However, if such resident alien ceases to be a bona fide resident, he shall have three years from the time of termination of residency in which to alienate agricultural lands in excess of one hundred sixty acres.
Source:
SL 1979, ch 291, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-6 - Agricultural land acquired or held in violation of act--Forfeiture to state.

43-2A-6. Agricultural land acquired or held in violation of act--Forfeiture to state.
All agricultural lands acquired or held in violation of §§43-2A-2 and 43-2A-3 shall be forfeited to the state. The attorney general shall enforce such forfeiture. However, no such forfeiture may be adjudged unless the action to enforce is brought within three years after such property has been acquired or held by such alien. No title to land is invalid or liable to forfeiture by reason of the alienage of any former owner or person interested therein.
Source:
SL 1979, ch 291, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-7 - Reports monitored by Department of Agriculture and Natural Resources.

43-2A-7. Reports monitored by Department of Agriculture and Natural Resources.
The Department of Agriculture and Natural Resources shall monitor, for compliance to this chapter, biannual reports transmitted to the department pursuant to section 6 of the United States Agricultural Foreign Investment Disclosure Act of 1978. If this review reveals evidence of noncompliance with this chapter the Department of Agriculture and Natural Resources shall refer this evidence to the attorney general who shall investigate the case and initiate legal action if necessary in the circuit court district in which the land held in violation of §43-2A-4 is situated.
Source: SL 1979, ch 291, §5; SL 2021, ch 1 (Ex. Ord.
21-3
), § 14, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 02A - Alien Ownership Of Agricultural Land › Section 43-2A-8 - Exception for property owned by corporation for nonfarming purposes--Cement Plant Commission property.

43-2A-8. Exception for property owned by corporation for nonfarming purposes--Cement Plant Commission property.
The restrictions of this chapter do not apply to agricultural land owned by a corporation for immediate or potential use in nonfarming purposes. A corporation may hold such agricultural land in such acreage as may be necessary to its nonfarm business operations. However, pending the development of agricultural land for nonfarm purposes, such land may not be used for farming except under lease to a family farm unit, a family farm corporation, or an authorized farm corporation.
All real property owned or held by the State of South Dakota by and through the South Dakota State Cement Plant Commission as of December 28, 2000, is owned or held by it and its successors in title for immediate or potential use for nonfarming purposes and the real property is necessary for nonfarming business operations.
Source:
SL 2000 (SS), ch 4, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-1 - Duration of enjoyment of property--Conditional enjoyment.

43-3-1. Duration of enjoyment of property--Conditional enjoyment.
The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case the enjoyment is said to be upon condition.
Source:
CivC 1877, §196; CL 1887, §2712; RCivC 1903, §219; RC 1919, §289; SDC 1939, §51.0223.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-2 - Effect of conditions precedent or subsequent.

43-3-2. Effect of conditions precedent or subsequent.
Conditions are precedent or subsequent. The former fix the beginning, the latter the ending of the right.
Source:
CivC 1877, §197; CL 1887, §2713; RCivC 1903, §220; RC 1919, §290; SDC 1939, §51.0224.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-3 - Validity of condition precedent requiring performance of wrongful or unlawful act.

43-3-3. Validity of condition precedent requiring performance of wrongful or unlawful act.
If a condition precedent requires the performance of an act wrong in itself, the instrument containing it is so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.
Source:
CivC 1877, §198; CL 1887, §2714; RCivC 1903, §221; RC 1919, §291; SDC 1939, §51.0225.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-4 - Validity of conditions imposing restraints upon marriage.

43-3-4. Validity of conditions imposing restraints upon marriage.
Conditions imposing restraints upon marriage, except upon the marriage of a minor, or of the spouse of the person by whom the condition is imposed, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.
Source:
CivC 1877, §199; CL 1887, §2715; RCivC 1903, §222; RC 1919, §292; SDC 1939, §51.0226.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-5 - Conditions restraining alienation--Effect of repugnancy.

43-3-5. Conditions restraining alienation--Effect of repugnancy.
Conditions restraining alienation, when repugnant to the interest created, are void.
Source:
CivC 1877, §200; CL 1887, §2716; RCivC 1903, §223; RC 1919, §293; SDC 1939, §51.0227.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-6 - Mere possibility does not constitute an interest in property.

43-3-6. Mere possibility does not constitute an interest in property.
A mere possibility, such as the expectancy of an heir apparent, is not deemed an interest of any kind.
Source:
CivC 1877, §192; CL 1887, §2708; RCivC 1903, §215; RC 1919, §285; SDC 1939, §51.0222.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-7 - Present or future interest--Time of enjoyment--Right to possession of property.

43-3-7. Present or future interest--Time of enjoyment--Right to possession of property.
In respect to the time of enjoyment, an interest in property is either present or future.
A present interest entitles the owner to the immediate possession of the property.
A future interest entitles the owner to the possession of the property only at a future period.
Source:
CivC 1877, §§180 to 182; CL 1887, §§2696 to 2698; RCivC 1903, §§203 to 205; RC 1919, §§273 to 275; SDC 1939, §51.0215.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-8 - Limitation, condition, or interest--Time of creation.

43-3-8. Limitation, condition, or interest--Time of creation.
The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest within the meaning of this code.
Source:
CivC 1877, §216; CL 1887, §2732; RCivC 1903, §239; RC 1919, §309; SDC 1939, §51.0216.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-9 - Future interest vested or contingent.

43-3-9. Future interest vested or contingent.
A future interest is either:
(1)Vested; or
(2)Contingent.
Source:
CivC 1877, §185; CL 1887, §2701; RCivC 1903, §208; RC 1919, §278; SDC 1939, §51.0217.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-10 - Vested future interest defined.

43-3-10. Vested future interest defined.
A future interest is vested when there is a person in being who would have a right, defeasible or indefeasible, to the immediate possession of the property, upon the ceasing of the intermediate or precedent interest.
Source:
CivC 1877, §186; CL 1887, §2702; RCivC 1903, §209; RC 1919, §279; SDC 1939, §51.0217.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-11 - Contingent future interest defined.

43-3-11. Contingent future interest defined.
A future interest is contingent while the person in whom, or the event upon which, it is limited to take effect remains uncertain.
Source:
CivC 1877, §187; CL 1887, §2703; RCivC 1903, §210; RC 1919, §280; SDC 1939, §51.0217.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-12 - Improbability of contingency does not invalidate future interest.

43-3-12. Improbability of contingency does not invalidate future interest.
A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
Source:
CivC 1877, §189; CL 1887, §2705; RCivC 1903, §212; RC 1919, §282; SDC 1939, §51.0219.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-13 - Creation of future interests to take effect in the alternative.

43-3-13. Creation of future interests to take effect in the alternative.
Two or more future interests may be created to take effect in the alternative, so that, if the first in order fails to vest, the next in succession shall be substituted for it, and take effect accordingly.
Source:
CivC 1877, §188; CL 1887, §2704; RCivC 1903, §211; RC 1919, §281; SDC 1939, §51.0218.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-14 - Limitation of future interest to successors, heirs, issue, or children--Rights of posthumous children.

43-3-14. Limitation of future interest to successors, heirs, issue, or children--Rights of posthumous children.
If a future interest is limited to successors, heirs, issue, or children, any posthumous child is entitled to take in the same manner, if the child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hours or more after birth.
Source:
CivC 1877, §190; CL 1887, §2706; RCivC 1903, §213; RC 1919, §283; SDC 1939, §51.0221; SL 2007, ch 247, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-15 - Effect of limitation of future interest by grant to take effect on death without issue.

43-3-15. Effect of limitation of future interest by grant to take effect on death without issue.
Where a future interest is limited by a grant to take effect on the death of any person without heirs, or heirs of his body, or without issue, or in equivalent words, such words must be taken to mean successors or issue living at the death of the person named as ancestor.
Source:
CivC 1877, §617; CL 1887, §3240; RCivC 1903, §933; RC 1919, §535; SDC 1939, §51.1311.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-16 - Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.

43-3-16. Birth of posthumous child terminates future interest depending on death without successors under certain circumstances.
A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession, if the posthumous child was conceived prior to the decedent's death, was born within ten months of the decedent's death, and survived one hundred twenty hours or more after birth.
Source:
CivC 1877, §211; CL 1887, §2727; RCivC 1903, §234; RC 1919, §304; SDC 1939, §51.0229; SL 2007, ch 247, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-17 - Creator of future interest may provide for its termination.

43-3-17. Creator of future interest may provide for its termination.
A future interest may be defeated in any manner, or by any act or means, which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.
Source:
CivC 1877, §212; CL 1887, §2728; RCivC 1903, §235; RC 1919, §305; SDC 1939, §51.0228.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-18 - Future interest unaffected by act of owner of intermediate or precedent interest.

43-3-18. Future interest unaffected by act of owner of intermediate or precedent interest.
No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by §43-3-19, or where a forfeiture is imposed by statute as a penalty for the violation thereof.
Source:
CivC 1877, §213; CL 1887, §2729; RCivC 1903, §236; RC 1919, §306; SDC 1939, §51.0230.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-19 - Future interest not defeated by determination of precedent interest.

43-3-19. Future interest not defeated by determination of precedent interest.
No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner, and to the same extent, as if the precedent interest had continued to the same period.
Source:
CivC 1877, §214; CL 1887, §2730; RCivC 1903, §237; RC 1919, §307; SDC 1939, §51.0230.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-20 - Conveyance of future interest.

43-3-20. Conveyance of future interest.
Future interests pass by succession, will, and transfer, in the same manner as present interests.
Source:
CivC 1877, §191; CL 1887, §2707; RCivC 1903, §214; RC 1919, §284; SDC 1939, §51.0220.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 03 - Present And Future Interests In Property › Section 43-3-21 - Perpetual or limited interest in property--Duration of enjoyment.

43-3-21. Perpetual or limited interest in property--Duration of enjoyment.
In respect to the time of enjoyment, an interest in property is either perpetual or limited.
A perpetual interest has a duration equal to that of the property.
A limited interest has a duration less than that of the property.
Source:
CivC 1877, §§180, 183, 184; CL 1887, §§2696, 2699, 2700; RCivC 1903, §§203, 206, 207; RC 1919, §§276, 277; SDC 1939, §51.0215.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-1 - Transfer of property defined.

43-4-1. Transfer of property defined.
Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
Source:
CivC 1877, §599; CL 1887, §3222; RCivC 1903, §915; RC 1919, §517; SDC 1939, §51.1301.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-2 - Property subject to transfer--Rights of trustee, conservator, or personal representative.

43-4-2. Property subject to transfer--Rights of trustee, conservator, or personal representative.
Property of any kind may be transferred to a person, estate, trust, conservatorship, personal representative of an estate, conservator of an estate, or trustee, except as otherwise provided by this chapter.
In those cases where a trustee, conservator, or personal representative of an estate holds title to property, he holds it in a fiduciary capacity for the purposes of administration. In those cases where the trust, conservatorship, or estate itself is the grantee or transferee, the trustee, conservator, or personal representative thereof shall have the same rights, powers, duties, and liabilities with respect to the property so transferred as if the deed or other instrument of transfer had named the trustee, conservator, or personal representative as grantee or transferee.
Source:
CivC 1877, §601; CL 1887, §3224; RCivC 1903, §917; RC 1919, §519; SDC 1939, §51.1301; SL 1991, ch 363, §1; SL 1992, ch 308; SL 1993, ch 213, §232.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-3 - Property not subject to transfer.

43-4-3. Property not subject to transfer.
A mere possibility, not coupled with an interest, cannot be transferred.
A mere right of reentry, or of repossession for breach of a condition subsequent, cannot be transferred to anyone except the owner of the property affected thereby.
Source:
CivC 1877, §§602, 603; CL 1887, §§3225, 3226; RCivC 1903, §§918, 919; RC 1919, §§520, 521; SDC 1939, §51.1301.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-4 - Voluntary transfer of property defined.

43-4-4. Voluntary transfer of property defined.
A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general, except that a consideration is not necessary to its validity.
Source:
CivC 1877, §600; CL 1887, §3223; RCivC 1903, §916; RC 1919, §518; SDC 1939, §51.1302.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-5 - Transfer without writing where not required by statute.

43-4-5. Transfer without writing where not required by statute.
A transfer may be made without writing in every case in which a writing is not expressly required by statute.
Source:
CivC 1877, §604; CL 1887, §3227; RCivC 1903, §920; RC 1919, §522; SDC 1939, §51.1303.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-6 - Transfer in writing a grant.

43-4-6. Transfer in writing a grant.
A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant" in this title includes all these instruments, unless it is specially applied to real property.
Source:
CivC 1877, §605; CL 1887, §3228; RCivC 1903, §921; RC 1919, §523; SDC 1939, §51.1303.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.

43-4-7. Grant takes effect upon delivery by grantor--Presumption as to delivery.
A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor.
A grant duly executed is presumed to have been delivered at its date.
Source:
CivC 1877, §§606, 607; CL 1887, §§3229, 3230; RCivC 1903, §§922, 923; RC 1919, §§524, 525; SDC 1939, §51.1304.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.

43-4-8. Absolute delivery of grant required--Conditional delivery ineffective.
A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute; and the instrument takes effect thereupon discharged of any condition on which the delivery was made.
Source:
CivC 1877, §608; CL 1887, §3231; RCivC 1903, §924; RC 1919, §526; SDC 1939, §51.1305.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-9 - Constructive delivery of grant--Agreement of parties.

43-4-9. Constructive delivery of grant--Agreement of parties.
Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery.
Source:
CivC 1877, §611, subdiv 1; CL 1887, §3234, subdiv 1; RCivC 1903, §927, subdiv 1; RC 1919, §529 (1); SDC 1939, §51.1307 (1).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.

43-4-10. Constructive delivery of grant to stranger for benefit of grantee.
Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where it is delivered to a stranger for the benefit of a grantee, and his assent is shown or may be presumed.
Source:
CivC 1877, §611, subdiv 2; CL 1887, §3234, subdiv 2; RCivC 1903, §927, subdiv 2; RC 1919, §529 (2); SDC 1939, §51.1307 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-11 - Escrow delivery of grant.

43-4-11. Escrow delivery of grant.
A grant may be deposited by the grantor with a third person, to be delivered on the performance of a condition, and on delivery by the depository, it will take effect. While in the possession of the third person and subject to condition, it is called an escrow.
Source:
CivC 1877, §609; CL 1887, §3232; RCivC 1903, §925; RC 1919, §527; SDC 1939, §51.1306.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-12 - Redelivery of grant does not transfer title.

43-4-12. Redelivery of grant does not transfer title.
Redelivering a grant of real property to the grantor or canceling it does not operate to retransfer the title.
Source:
CivC 1877, §610; CL 1887, §3233; RCivC 1903, §926; RC 1919, §528; SDC 1939, §51.1308.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-13 - Grant interpreted as contract.

43-4-13. Grant interpreted as contract.
Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided by this chapter.
Source:
CivC 1877, §612; CL 1887, §3235; RCivC 1903, §928; RC 1919, §530; SDC 1939, §51.1309.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-14 - Construction of grant--Limitations--Operative words.

43-4-14. Construction of grant--Limitations--Operative words.
A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.
If the operative words of a grant are doubtful, recourse may be had to its recitals to assist construction.
Source:
CivC 1877, §§613, 614; CL 1887, §§3236, 3237; RCivC 1903, §§929, 930; RC 1919, §§531, 532; SDC 1939, §51.1309.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.

43-4-15. Irreconcilable parts of grant--Prevailing part.
If several parts of a grant are absolutely irreconcilable, the former part prevails.
Source:
CivC 1877, §616; CL 1887, §3239; RCivC 1903, §932; RC 1919, §534; SDC 1939, §51.1309.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-16 - Grantee favored in interpretation of grant--Exception.

43-4-16. Grantee favored in interpretation of grant--Exception.
A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a private party, is to be interpreted in favor of the grantor.
Source:
CivC 1877, §615; CL 1887, §3238; RCivC 1903, §931; RC 1919, §533; SDC 1939, §51.1310.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.

43-4-19. Transfer of present interest and benefit of condition or covenant.
A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto.
Source:
CivC 1877, §621; CL 1887, §3244; RCivC 1903, §937; RC 1919, §539; SDC 1939, §51.1313.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-20 - Definition of terms.

43-4-20. Definition of terms.
Terms used in §§43-4-20 to 43-4-26, inclusive, mean:
(1)"Consideration," any type of property or thing of legal value, whether delivered in the past, present, or to be delivered in the future. The term includes like-kind exchanges of property;
(2)"Deed," any instrument for the purpose of transferring or conveying the fee title to real property;
(3)"Register," the register of deeds of any county in the State of South Dakota; and
(4)"Value," in the case of any deed not a gift, the amount of the full consideration therefor paid, or to be paid.
Source:
SL 1968, ch 27, §1; SL 1987, ch 314; SL 2007, ch 248, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-21 - Imposition and amount of real estate transfer fee.

43-4-21. Imposition and amount of real estate transfer fee.
A fee is hereby imposed at the rate of fifty cents for each five hundred dollars of value or fraction thereof upon the privilege of transferring title to real property in the State of South Dakota, which fee shall be paid by the grantor.
Source:
SL 1968, ch 27, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-22 - Exemptions from real estate transfer fee.

43-4-22. Exemptions from real estate transfer fee.
The fee imposed by §43-4-21 does not apply to any transfer of title:
(1)Recorded before July 1, 1968;
(2)By or to the United States of America, this state, or any instrumentality, agency, or political subdivision of either;
(3)Solely in order to provide for or to release security for a debt or obligation;
(4)Which confirms or corrects a deed previously executed and recorded;
(5)Between husband and wife, or parent and child with only nominal actual consideration therefor;
(6)On sale for delinquent taxes or assessments, sheriffs' deeds, other deeds issued in foreclosure actions or proceedings or deeds issued in lieu of foreclosure actions or proceedings;
(7)On partition;
(8)Pursuant to any mergers or consolidations of corporations or limited liability companies or plans of reorganization by which substantially all of the assets of corporations or limited liability companies are transferred;
(9)By a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;
(10)Pursuant to decrees of distribution entered in any decedent's estate;
(11)Between an individual grantor, or grantors, and a corporation, where the grantor or grantors and the owner of the majority of the capital stock of the corporation are the same person;
(12)Between any corporation and its stockholders or creditors, or between any limited liability company and its members or creditors, if to effectuate a dissolution of the corporation or limited liability company it is necessary to transfer the title of real property from the corporate entity to the stockholders or creditors;
(13)On cemetery lots and grave sites;
(14)Between an individual grantor, or grantors, and a limited or general partnership if the grantor or grantors and the owner of the majority interest in the limited or general partnership are the same person;
(15)Between a fiduciary and a beneficiary of the fiduciary or between a fiduciary and a third party, if the transfer or conveyance is to accommodate the fiduciary relationship;
(16)Between individuals, regardless of the relationship, if the conveyance is an absolute gift without consideration of any kind in return for the conveyance;
(17)Pursuant to a decree of divorce, annulment, or separate maintenance or pursuant to a settlement agreement approved or adopted by a decree of divorce, annulment, or separate maintenance;
(18)For which no consideration was given;
(19)Between any limited liability company and its members.
Source:
SL 1968, ch 27, §6; SL 1969, ch 26, §§2, 3; SL 1972, ch 232, §1; SL 1978, ch 304; SL 1980, ch 292; SL 1985, ch 335; SL 1989, ch 376; SL 1990, ch 346; SL 1994, ch 351, §168.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-23 - Exempt transfers to be marked.

43-4-23. Exempt transfers to be marked.
Each transfer of title not subject to the fee as provided in §43-4-21, shall have the words "exempt from transfer fee" stated thereon and indicate the applicable subdivision of §43-4-22 under which the exemption is claimed.
Source:
SL 1968, ch 27, §3; SL 1987, ch 315.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-24 - Collection of real estate transfer fee by register--Amount indicated on face of deed.

43-4-24. Collection of real estate transfer fee by register--Amount indicated on face of deed.
At the time any deed evidencing a transfer of title subject to the fee imposed by §43-4-21 is offered for recordation, the register shall collect the fee based upon the value declared and shall indicate the amount of the fee on the face of the deed after recordation.
Source:
SL 1968, ch 27, §2; SL 2007, ch 249, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-25 - Disposition of proceeds of real estate transfer fee collections--Records of register.

43-4-25. Disposition of proceeds of real estate transfer fee collections--Records of register.
The proceeds of all fees collected under §43-4-21 shall be remitted on a monthly basis to the credit of the county general fund by the register, who shall obtain a receipt therefor from the county treasurer and keep such records as may be prescribed by the state auditor general.
Source:
SL 1968, ch 27, §4; SL 1972, ch 232, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.

43-4-26. Falsification of value of real estate or false claim of exemption as misdemeanor.
No person may intentionally falsify the value of transferred real estate to the register or intentionally claim a transfer to be "exempt from transfer fee" with knowledge that the transfer does not fall within the exemptions provided in this chapter and to pay an insufficient fee or no fee on such transfer as provided in §43-4-21. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1968, ch 27, §5; SL 1969, ch 26, §1; SL 1983, ch 15, §1; SL 1989, ch 377.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-27 - Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes--Appreciation or depreciation in value considered.

43-4-27. Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes--Appreciation or depreciation in value considered.
Whenever under any last will, or trust indenture, the personal representative, trustee, or other fiduciary is required to, or has an option to, satisfy a bequest, devise, or transfer in trust to or for the benefit of the surviving spouse, or other beneficiary, in kind at the values as finally determined for federal estate tax purposes, the personal representative, trustee, or other fiduciary shall, in the absence of contrary provisions in such will or trust indenture, satisfy such bequest, devise, or transfer by distribution of assets, including cash, fairly representative of the appreciation or depreciation in the value of all properties available for distribution in satisfaction of such bequest, devise, or transfer.
Source:
SL 1968, ch 152, §1; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-28 - Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.

43-4-28. Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.
The provisions of §43-4-27 shall apply to wills of the kind mentioned of all decedents dying before or after July 1, 1968, and to all trust indentures of the kind mentioned, whether made before or after July 1, 1968, and to the distributions of assets under all such wills or trust indentures, made after July 1, 1968, but it shall not apply to any distributions made prior to July 1, 1968, and shall not impose any liability or obligation upon any fiduciary as a result of any distribution prior to July 1, 1968.
Source:
SL 1968, ch 152, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.

43-4-37. Definition of terms for required disclosures in certain real estate transfers.
Terms used in §§43-4-38 to 43-4-44, inclusive, mean:
(1)"Buyer," a person negotiating or attempting to become an owner of residential real property by means of a transfer which is subject to §§43-4-38 to 43-4-44, inclusive;
(2)"Disclosure statement," the property condition disclosure statement as provided in §43-4-44;
(3)"Residential real property," all residential real property consisting of not more than four family dwelling units, all of which are contained in one structure;
(4)"Seller," an owner of residential real property;
(5)"Transfer," a sale, exchange, installment sale contract, lease with an option to purchase, other option to purchase, or a ground lease coupled with improvements.
Source:
SL 1993, ch 325, §1; SL 1994, ch 337, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.

43-4-38. Buyer furnished completed disclosure statement prior to written offer--Amendment.
The seller of residential real property shall furnish to a buyer a completed copy of the disclosure statement before the buyer makes a written offer. If after delivering the disclosure statement to the buyer or the buyer's agent and prior to the date of closing for the property or the date of possession of the property, whichever comes first, the seller becomes aware of any change of material fact which would affect the disclosure statement, the seller shall furnish a written amendment disclosing the change of material fact.
Source:
SL 1993, ch 325, §2; SL 1994, ch 337, §2; SL 1995, ch 247.