reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-39 - Terminating written offer made prior to disclosure statement.

43-4-39. Terminating written offer made prior to disclosure statement.
If the disclosure statement or a material amendment to the disclosure statement is delivered to the buyer after the buyer has made a written offer, the buyer may terminate the offer by delivering a written notice of termination to the seller or the seller's agent within three days after the disclosure statement or amendment is delivered in person or within six days after the disclosure statement or amendment is delivered by deposit in the mail.
Source:
SL 1993, ch 325, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-40 - Liability for defect disclosed in statement.

43-4-40. Liability for defect disclosed in statement.
Except as provided in §43-4-42, a seller is not liable for a defect or other condition in the residential real property being transferred if the seller truthfully completes the disclosure statement.
Source:
SL 1993, ch 325, §4; SL 1994, ch 337, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.

43-4-42. Liability for failure to comply with disclosure statement requirements.
A transfer that is subject to §§43-4-37 to 43-4-44, inclusive, is not invalidated solely because a person fails to comply with §§43-4-37 to 43-4-44, inclusive. However, a person who intentionally or who negligently violates §§43-4-37 to 43-4-44, inclusive, is liable to the buyer for the amount of the actual damages and repairs suffered by the buyer as a result of the violation or failure. In any court action pursuant to this section, the court may award costs and attorney fees to the prevailing party. Nothing in this section precludes or restricts any other rights or remedies of the buyer or seller.
Source:
SL 1993, ch 325, §6; SL 2009, ch 220, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-43 - Application of disclosure statement requirements.

43-4-43. Application of disclosure statement requirements.
Sections 43-4-37 to 43-4-44, inclusive, do not apply to the following transfers:
(1)Transfers pursuant to court order, including transfers ordered by probate court in the administration of an estate, transfers between spouses resulting from a judgment of dissolution of marriage or legal separation, transfer pursuant to a writ of execution, transfers by a trustee in bankruptcy, transfers by eminent domain, transfers by government agencies, and transfers resulting from a decree for specific performance;
(2)Transfers to a mortgagee by a mortgagor in default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, transfers by a mortgagee or a beneficiary under a deed of trust who has acquired the real property by foreclosure or by a deed in lieu of foreclosure or transfers by a collateral assignment of beneficial interest;
(3)Transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;
(4)Transfers from one co-owner to one or more other co-owners;
(5)Transfers made to a spouse, a child, a parent, a sibling, a grandchild, or a grandparent;
(6)Transfers of newly constructed residential real property which has never been occupied.
Source:
SL 1993, ch 325, §7; SL 1994, ch 337, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-46 - Transfer defined.

43-4-46. Transfer defined.
For the purposes of §§43-4-47 to 43-4-57, inclusive, the term, transfer, means the sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state.
Source:
SL 2011, ch 196, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-48 - Private transfer fee obligation defined.

43-4-48. Private transfer fee obligation defined.
For the purposes of §§43-4-47 to 43-4-57, inclusive, the term, private transfer fee obligation, means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee to the declarant or other person specified in the declaration, covenant, or agreement, or to any successor or assign, upon a subsequent transfer of an interest in the real property.
Source:
SL 2011, ch 196, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-49 - Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.

43-4-49. Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.
Any private transfer fee obligation recorded or entered into in this state after June 30, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state after June 30, 2011, is void and unenforceable. No private transfer fee obligation recorded or entered into in this state before June 30, 2011, is presumed valid and enforceable.
Source:
SL 2011, ch 196, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-50 - Liability for private transfer fee obligations recorded or entered into after June 30, 2011.

43-4-50. Liability for private transfer fee obligations recorded or entered into after June 30, 2011.
Any person who records or enters into an agreement imposing a private transfer fee obligation in the person's favor after June 30, 2011, is liable for any damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, including the amount of any transfer fee paid by a party to the transfer, and any attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any transfer fee paid or in connection with an action to quiet title. If an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent.
Source:
SL 2011, ch 196, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-51 - Disclosure of private transfer fee obligations.

43-4-51. Disclosure of private transfer fee obligations.
Private transfer fee obligations shall be disclosed as follows:
(1)For transfers of real property subject to the disclosure requirements contained in §§43-4-38 to 43-4-44, inclusive, disclosure of any private transfer fee obligations shall be made using the property condition disclosure statement set forth in §43-4-44;
(2)For transfers of real property not subject to the disclosure requirements contained in §§43-4-38 to 43-4-44, inclusive, each seller of real property shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a statement that private transfer fee obligations are subject to certain prohibitions pursuant to §§43-4-46 to 43-4-57, inclusive. The written document must contain a statement with the following language:
A private transfer fee obligation has been imposed with respect to this property. A private transfer obligation may lower the value of this property. State law prohibits the creation of private transfer fee obligations pursuant to §43-4-49 and requires certain notice procedures to be followed with respect to private transfer fee obligations pursuant to §§43-4-52 to 43-4-57, inclusive.
Source:
SL 2011, ch 196, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-52 - Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.

43-4-52. Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.
For any private transfer fee obligation imposed prior to July 1, 2011, the receiver of the fee shall, prior to December 31, 2011, record in the office of the register of deeds in the county in which the real property subject to the private transfer fee is located, a separate document that meets all of the following requirements:
(1)The title of the document shall be Notice of Private Transfer Fee Obligation in at least fourteen point boldface type;
(2)The amount, if the fee is a flat amount, or the percentage of the sales price constituting the cost of the transfer fee, or such other basis by which the transfer fee is to be calculated;
(3)If the real property is residential property, actual dollar-cost examples of the transfer fee for a home priced at one hundred thousand dollars, two hundred fifty thousand dollars, and five hundred thousand dollars;
(4)The date or circumstances under which the private transfer fee obligation expires, if any;
(5)The purpose for which the funds from the private transfer fee obligation will be used;
(6)The name of the person to which funds are to be paid and specific contact information regarding where the funds are to be sent;
(7)The acknowledged signature of the payee; and
(8)The legal description of the real property burdened by the private transfer fee obligation.
Source:
SL 2011, ch 196, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-53 - Amendment to notice of transfer fee.

43-4-53. Amendment to notice of transfer fee.
The person to whom the transfer fee is to be paid may file an amendment to the notice of transfer fee containing new contact information, but such amendment shall contain the recording information of the notice of transfer fee which it amends and the legal description of the property burdened by the private transfer fee obligation.
Source:
SL 2011, ch 196, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.

43-4-54. Effect of failure to record notice of private transfer fee obligation.
If the payee fails to comply fully with §43-4-52, the grantor of any real property burdened by the private transfer fee obligation may proceed with the conveyance of any interest in the real property to any grantee and in so doing is deemed to have acted in good faith and is not subject to any obligations under the private transfer fee obligation. In such event, the real property thereafter shall be conveyed free and clear of such transfer fee and private transfer fee obligation.
Source:
SL 2011, ch 196, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-55 - Effect of failure to provide written statement of private transfer fee payable within thirty days of request.

43-4-55. Effect of failure to provide written statement of private transfer fee payable within thirty days of request.
If the payee fails to provide a written statement of the transfer fee payable within thirty days of the date of a written request for such statement sent to the address shown in the notice of transfer fee, the grantor, on recording of the affidavit required under §43-4-56, may convey any interest in the real property to any grantee without payment of the transfer fee and is not subject to any further obligation under the private transfer fee obligation. In such event the real property shall be conveyed free and clear of the transfer fee and private transfer fee obligation.
Source:
SL 2011, ch 196, §10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-56 - Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.

43-4-56. Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.
An affidavit stating the facts enumerated under §43-4-57 shall be recorded in the office of the register of deeds in the county in which the real property is situated prior to or simultaneously with a conveyance pursuant to §43-4-55 of real property unburdened by a private transfer fee obligation. An affidavit filed under this section shall state that the affiant has actual knowledge of, and is competent to testify to, the facts in the affidavit and shall include the legal description of the real property burdened by the private transfer fee obligation, the name of the person appearing by the record to be the owner of such real property at the time of the signing of such affidavit, a reference to the instrument of record containing the private transfer fee obligation, and an acknowledgment that the affiant is testifying under penalty of perjury.
Source:
SL 2011, ch 196, §11.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 04 - Transfer Of Property › Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.

43-4-57. Recorded affidavit constitutes prima facie evidence of stated facts.
If recorded, an affidavit as described in §43-4-56 constitutes prima facie evidence that:
(1)A request for the written statement of the transfer fee payable in order to obtain a release of the fee imposed by the private transfer fee obligation was sent to the address shown in the notification; and
(2)The person listed on the notice of transfer fee failed to provide the written statement of the transfer fee payable within thirty days of the date of the notice sent to the address shown in the notification.
Source:
SL 2011, ch 196, §12.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-1 - Absolute power of alienation--Suspension--Limitation.

43-5-1. Absolute power of alienation--Suspension--Limitation.
The absolute power of alienation may not be suspended by any limitation or condition whatever for a longer period than during the continuance of the lives of persons in being plus a period of thirty years at the creation of the limitation or condition, except in the single case mentioned in §43-9-5 relating to contingent fee remainder on a prior fee remainder.
Source:
CivC 1877, §201; CL 1887, §2717; RCivC 1903, §224; RC 1919, §294; SDC 1939, §51.0231; SL 1983, ch 304, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-2 - Future interests suspending absolute power of alienation beyond prescribed limitation void.

43-5-2. Future interests suspending absolute power of alienation beyond prescribed limitation void.
Every future interest is void which suspends the absolute power of alienation for a longer period than is prescribed in this code. A power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed.
Source:
CivC 1877, §202; CL 1887, §2718; RCivC 1903, §225; RC 1919, §295; SDC 1939, §51.0232; SL 1983, ch 304, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-3 - Term of years--Suspension of absolute ownership.

43-5-3. Term of years--Suspension of absolute ownership.
The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee.
Source:
CivC 1877, §227; CL 1887, §2743; RCivC 1903, §250; RC 1919, §320; SDC 1939, §51.0411.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation.

43-5-4. Suspension of power to alienate trust as suspension of power of alienation.
The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, or if there is an unlimited power to terminate in one or more persons in being.
Source:
CivC 1877, §228; CL 1887, §2744; RCivC 1903, §251; RC 1919, §321; SDC 1939, §51.0412; SL 1983, ch 304, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-5 - Computation of period for interest or trust created under power of appointment.

43-5-5. Computation of period for interest or trust created under power of appointment.
If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not a general power.
Source:
SL 1983, ch 304, §1; SL 1993, ch 355, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-6 - Distribution according to intent of creator.

43-5-6. Distribution according to intent of creator.
If, at the expiration of the period in which any instrument or any provision thereof created by a trust or other legal relationship is not to be rendered invalid by the provisions of this chapter measured by actual, rather than possible, events, any of the assets which have not by the terms of the instrument become distributable or vested shall then be distributed as the court having jurisdiction directs, giving effect to the general intent of the creator of the trust or other instrument.
Source:
SL 1983, ch 304, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-7 - Exempt transfers.

43-5-7. Exempt transfers.
This chapter does not limit any of the following:
(1)Transfers, outright or in trust, for charitable purposes;
(2)Transfer to charitable corporations;
(3)Transfers to any cemetery corporation, society, or association; or
(4)Employees' trusts created as part of a pension, retirement, insurance, savings, stock bonus, profit sharing, or similar plan established by an employer for the benefit of employees eligible to participate.
Source:
SL 1983, ch 304, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-8 - Rule against perpetuities not in force.

43-5-8. Rule against perpetuities not in force.
The common-law rule against perpetuities is not in force in this state.
Source:
SL 1983, ch 304, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 05 - Restraints On Alienation Of Property › Section 43-5-9 - Limitation of actions to void existing instruments.

43-5-9. Limitation of actions to void existing instruments.
If no action or proceeding has been instituted by July 1, 1984, to declare void any instrument which existed prior to July 1, 1983, under the provisions of this chapter as it existed prior to July 1, 1983, then all such instruments shall be interpreted under this chapter 43-5.
Source:
SL 1983, ch 304, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 06 - Accumulations Of Income Of Property › Section 43-6-1 - Income of property defined.

43-6-1. Income of property defined.
The income of property, as the term is used in this title, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property.
Source:
CivC 1877, §215; CL 1887, §2731; RCivC 1903, §238; RC 1919, §308; SDC 1939, §51.0301.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 06 - Accumulations Of Income Of Property › Section 43-6-2 - Disposition of income from future interests.

43-6-2. Disposition of income from future interests.
Dispositions of the income of property, to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules prescribed in this title, in relation to future interests.
Source:
CivC 1877, §204; CL 1887, §2720; RCivC 1903, §227; RC 1919, §297; SDC 1939, §51.0302.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 06 - Accumulations Of Income Of Property › Section 43-6-3 - Valid limitation of future interest--Suspension of power of alienation or ownership--Right to undisposed income.

43-6-3. Valid limitation of future interest--Suspension of power of alienation or ownership--Right to undisposed income.
When, in consequence of a valid limitation of future interest, there is a suspension of the power of alienation or of the ownership, during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest.
Source:
CivC 1877, §210; CL 1887, §2726; RCivC 1903, §233; RC 1919, §303; SDC 1939, §51.0303.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 06 - Accumulations Of Income Of Property › Section 43-6-7 - Accumulation of trust income.

43-6-7. Accumulation of trust income.
No provision directing or authorizing accumulation of trust income is invalid. This section is effective and applies to trust instruments whenever created or executed.
Source:
SL 2012, ch 233, §26; SL 2013, ch 239, §14.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 07 - Estates In Real Property › Section 43-7-1 - Duration of enjoyment of estates in real property.

43-7-1. Duration of enjoyment of estates in real property.
Estates in real property, in respect to the duration of their enjoyment are:
(1)Estates of inheritance or perpetual estates;
(2)Estates for life;
(3)Estates for years; or
(4)Estates at will.
Source:
CivC 1877, §218; CL 1887, §2734; RCivC 1903, §241; RC 1919, §311; SDC 1939, §51.0402.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 07 - Estates In Real Property › Section 43-7-2 - Classification of estates in real property.

43-7-2. Classification of estates in real property.
Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution.
Source:
CivC 1877, §222; CL 1887, §2738; RCivC 1903, §245; RC 1919, §315; SDC 1939, §51.0403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 07 - Estates In Real Property › Section 43-7-3 - Estate of inheritance--Fee simple or absolute fee.

43-7-3. Estate of inheritance--Fee simple or absolute fee.
Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee.
Source:
CivC 1877, §219; CL 1887, §2735; RCivC 1903, §242; RC 1919, §312; SDC 1939, §51.0404.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 07 - Estates In Real Property › Section 43-7-4 - Abolishment of estates tail--Fee tail is now a fee simple.

43-7-4. Abolishment of estates tail--Fee tail is now a fee simple.
Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute.
Source:
CivC 1877, §220; CL 1887, §2736; RCivC 1903, §243; RC 1919, §313; SDC 1939, §51.0405.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 07 - Estates In Real Property › Section 43-7-5 - Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.

43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.
Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.
Source:
CivC 1877, §221; CL 1887, §2737; RCivC 1903, §244; RC 1919, §314; SDC 1939, §51.0406.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 07 - Estates In Real Property › Section 43-7-6 - Estate during life of a third person is a freehold.

43-7-6. Estate during life of a third person is a freehold.
An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.
Source:
CivC 1877, §223; CL 1887, §2739; RCivC 1903, §246; RC 1919, §316; SDC 1939, §51.0407.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-1 - Rights of life tenant--Use of land--Exception.

43-8-1. Rights of life tenant--Use of land--Exception.
The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance.
Source:
CivC 1877, §256; CL 1887, §2772; RCivC 1903, §279; RC 1919, §349; SDC 1939, §51.0706.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-2 - Building and fences--Duty of life tenant to repair, and pay taxes and assessments.

43-8-2. Building and fences--Duty of life tenant to repair, and pay taxes and assessments.
The owner of a life estate must keep the building and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.
Source:
CivC 1877, §271; CL 1887, §2787; RCivC 1903, §294; RC 1919, §364; SDC 1939, §51.0710.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-3 - Lease for life--Recovery of rent due.

43-8-3. Lease for life--Recovery of rent due.
Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.
Source:
CivC 1877, §262; CL 1887, §2778; RCivC 1903, §285; RC 1919, §355; SDC 1939, §51.0707.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-4 - Recovery of rent dependent upon life of another.

43-8-4. Recovery of rent dependent upon life of another.
Rent dependent upon the life of a person may be recovered after as well as before his death.
Source:
CivC 1877, §263; CL 1887, §2779; RCivC 1903, §286; RC 1919, §356; SDC 1939, §51.0708.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-5 - Tenant for years or at will--Restriction of rights by instrument creating tenancy.

43-8-5. Tenant for years or at will--Restriction of rights by instrument creating tenancy.
A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired or by §43-8-6.
Source:
CivC 1877, §258; CL 1887, §2774; RCivC 1903, §281; RC 1919, §351; SDC 1939, §38.0406.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-6 - Rights of tenant for years or at will not holding over.

43-8-6. Rights of tenant for years or at will not holding over.
A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the building, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest the crops growing at the end of his tenancy.
Source:
CivC 1877, §257; CL 1887, §2773; RCivC 1903, §280; RC 1919, §350; SDC 1939, §38.0405.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-7 - Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.

43-8-7. Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.
A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease or for any waste or cause of forfeiture, as his grantor or devisor might have had.
Source:
CivC 1877, §259; CL 1887, §2775; RCivC 1903, §282; RC 1919, §352; SDC 1939, §38.0407.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-8 - Estate at will--Termination by notice of not less than one month--Extended notice for active military service.

43-8-8. Estate at will--Termination by notice of not less than one month--Extended notice for active military service.
A tenancy or other estate at will, however created, may be terminated by the landlord's giving notice to the tenant in the manner prescribed by §43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by §43-8-9 unless:
(1)The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, or negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or
(2)The landlord has sold the property or the property has passed to the landlord's estate.
For the purposes of this section, an immediate family member is a spouse or minor child.
Source:
CivC 1877, §239; CL 1887, §2755; RCivC 1903, §262; RC 1919, §332; SDC 1939, §51.0501; SL 2011, ch 197, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-9 - Written notice to terminate estate at will required--Manner of delivery--Posting on premises.

43-8-9. Written notice to terminate estate at will required--Manner of delivery--Posting on premises.
The notice prescribed by §43-8-8 must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.
Source:
CivC 1877, §240; CL 1887, §2756; RCivC 1903, §263; RC 1919, §333; SDC 1939, §51.0502.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-10 - Estate at will--Termination by notice--Reentry by landlord or action for possession.

43-8-10. Estate at will--Termination by notice--Reentry by landlord or action for possession.
After the notice prescribed by §§43-8-8 and 43-8-9 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.
Source:
CivC 1877, §241; CL 1887, §2757; RCivC 1903, §264; RC 1919, §334; SDC 1939, §51.0503.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-11 - Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.

43-8-11. Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.
Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made any time after the right has accrued, upon three days' previous written notice of intention to reenter, served in the mode prescribed by §43-8-9.
Source:
CivC 1877, §242; CL 1887, §2758; RCivC 1903, §265; RC 1919, §335; SDC 1939, §51.0504.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 08 - Present Estates In Real Property › Section 43-8-12 - Accrual of right to reenter--Notice of action for possession unnecessary.

43-8-12. Accrual of right to reenter--Notice of action for possession unnecessary.
An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in §43-8-11.
Source:
CivC 1877, §243; CL 1887, §2759; RCivC 1903, §266; RC 1919, §336; SDC 1939, §51.0505.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-1 - Freehold estate--Commencement at a future date.

43-9-1. Freehold estate--Commencement at a future date.
Subject to the provisions of this chapter and of chapters 43-1 to 43-7, inclusive, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this chapter.
Source:
CivC 1877, §230; CL 1887, §2746; RCivC 1903, §253; RC 1919, §323; SDC 1939, §51.0414.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-2 - Limitation of future estate.

43-9-2. Limitation of future estate.
A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time.
Source:
CivC 1877, §224; CL 1887, §2740; RCivC 1903, §247; RC 1919, §317; SDC 1939, §51.0408.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-3 - Reversion, definition.

43-9-3. Reversion, definition.
A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised.
Source:
CivC 1877, §225; CL 1887, §2741; RCivC 1903, §248; RC 1919, §318; SDC 1939, §51.0409.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-4 - Remainder, definition.

43-9-4. Remainder, definition.
When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.
Source:
CivC 1877, §226; CL 1887, §2742; RCivC 1903, §249; RC 1919, §319; SDC 1939, §51.0410.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-5 - Contingent remainder in fee created on prior remainder in fee.

43-9-5. Contingent remainder in fee created on prior remainder in fee.
A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty-one years, or upon any other contingency by which the estate of such persons may be determined before they attain majority.
Source:
CivC 1877, §229; CL 1887, §2745; RCivC 1903, §252; RC 1919, §322; SDC 1939, §51.0413.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-6 - Successive estates for life--Limitation.

43-9-6. Successive estates for life--Limitation.
Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner as if no other life estate had been created.
Source:
CivC 1877, §231; CL 1887, §2747; RCivC 1903, §254; RC 1919, §324; SDC 1939, §51.0415.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-7 - Remainder upon successive estates for life.

43-9-7. Remainder upon successive estates for life.
No remainder can be created upon successive estates for life, provided for in §43-9-6, unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term.
Source:
CivC 1877, §232; CL 1887, §2748; RCivC 1903, §255; RC 1919, §325; SDC 1939, §51.0416.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-9 - Estate for life cannot be limited as a remainder on a term of years--Exception.

43-9-9. Estate for life cannot be limited as a remainder on a term of years--Exception.
No estate for life can be limited as a remainder on a term of years, except to a person in being at the creation of such estate.
Source:
CivC 1877, §234; CL 1887, §2750; RCivC 1903, §257; RC 1919, §327; SDC 1939, §51.0418.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-10 - Conditional limitation--Remainder limited on contingency.

43-9-10. Conditional limitation--Remainder limited on contingency.
A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation.
Source:
CivC 1877, §235; CL 1887, §2751; RCivC 1903, §258; RC 1919, §328; SDC 1939, §51.0419.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-11 - Rights of heirs of life tenant when made remaindermen.

43-9-11. Rights of heirs of life tenant when made remaindermen.
When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.
Source:
CivC 1877, §236; CL 1887, §2752; RCivC 1903, §259; RC 1919, §329; SDC 1939, §51.0420.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-12 - Effect of remainder limited on estate for life or for years.

43-9-12. Effect of remainder limited on estate for life or for years.
When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration by lapse of time of such term of years.
Source:
CivC 1877, §237; CL 1887, §2753; RCivC 1903, §260; RC 1919, §330; SDC 1939, §51.0421.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 09 - Future Estates In Real Property › Section 43-9-14 - Action for injury to inheritance--Right to maintain.

43-9-14. Action for injury to inheritance--Right to maintain.
A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.
Source:
CivC 1877, §264; CL 1887, §2780; RCivC 1903, §287; RC 1919, §357; SDC 1939, §51.0709.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-1 - Powers restricted to those specified.

43-11-1. Powers restricted to those specified.
Powers in relation to real property are those only which are specified in this chapter.
Source:
CivC 1877, §296; CL 1887, §2812; RCivC 1903, §319; RC 1919, §388; SDC 1939, §59.0401.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-2 - Creation of beneficial power in relation to real property limited.

43-11-2. Creation of beneficial power in relation to real property limited.
No beneficial power, general or special, not specified and defined in this chapter can hereafter be created.
Source:
CivC 1877, §349; CL 1887, §2865; RCivC 1903, §372; RC 1919, §439; SDC 1939, §59.0452.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-3 - Simple power of attorney to convey not covered by chapter.

43-11-3. Simple power of attorney to convey not covered by chapter.
The provisions of this chapter do not extend to a simple power of attorney to convey real property in the name of the owner and for his benefit.
Source:
CivC 1877, §297; CL 1887, §2813; RCivC 1903, §320; RC 1919, §389; SDC 1939, §59.0402.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-4 - Power, definition.

43-11-4. Power, definition.
A power as the term is used in this chapter is an authority to do some act in relation to real property or to the creation or revocation of an estate therein or a charge thereon which the owner granting or reserving such power might himself perform for any purpose.
Source:
CivC 1877, §298; CL 1887, §2814; RCivC 1903, §321; RC 1919, §390; SDC 1939, §59.0403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-5 - Definition of terms--Author of power--Holder of power.

43-11-5. Definition of terms--Author of power--Holder of power.
The author of a power as the term is used in this chapter is the person by whom a power is created, whether by grant or devise; and the holder of a power is the person in whom the power is vested, whether by grant, devise, or reservation.
Source:
CivC 1877, §299; CL 1887, §2815; RCivC 1903, §322; RC 1919, §391; SDC 1939, §59.0404.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-6 - Classification of powers.

43-11-6. Classification of powers.
Powers are general or special and beneficial or in trust.
Source:
CivC 1877, §300; CL 1887, §2816; RCivC 1903, §323; RC 1919, §392; SDC 1939, §59.0405.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-7 - General power defined.

43-11-7. General power defined.
A power is general when it authorizes the alienation or encumbrance of a fee in the property embraced therein by grant, will, or charge, or any of them in favor of any person whatever.
Source:
CivC 1877, §301; CL 1887, §2817; RCivC 1903, §324; RC 1919, §393; SDC 1939, §59.0406.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-8 - Special power defined.

43-11-8. Special power defined.
A power is special:
(1)When a person or class of persons is designated, to whom the disposition of property under the power is to be made; or
(2)When it authorizes the alienation or encumbrance, by means of a grant, will, or charge, of only an estate less than a fee.
Source:
CivC 1877, §302; CL 1887, §2818; RCivC 1903, §325; RC 1919, §394; SDC 1939, §59.0407.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-9 - Beneficial power defined.

43-11-9. Beneficial power defined.
A power is beneficial when no person other than its holder has by the terms of its creation any interest in its execution.
Source:
CivC 1877, §303; CL 1887, §2819; RCivC 1903, §326; RC 1919, §395; SDC 1939, §59.0408.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-10 - Power in trust defined.

43-11-10. Power in trust defined.
A power is in trust when any person or class of persons, other than its holder, has by the terms of its creation an interest in its execution.
Source:
CivC 1877, §304; CL 1887, §2820; RCivC 1903, §327; RC 1919, §396; SDC 1939, §59.0409.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-11 - General power in trust defined.

43-11-11. General power in trust defined.
A general power is in trust when any person or class of persons other than its holder is designated as entitled to the proceeds or the disposition or charge authorized by the power or to any portion of the proceeds or other benefits to result from its execution.
Source:
CivC 1877, §305; CL 1887, §2821; RCivC 1903, §328; RC 1919, §397; SDC 1939, §59.0410.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-12 - Special power in trust defined.

43-11-12. Special power in trust defined.
A special power is in trust:
(1)When the disposition or charge which it authorizes is limited to be made to any person or class of persons other than the holder of the power; or
(2)When any person or class of persons, other than the holder, is designated as entitled to any benefit from the disposition or charge authorized by the power.
Source:
CivC 1877, §306; CL 1887, §2822; RCivC 1903, §329; RC 1919, §398; SDC 1939, §59.0411.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-13 - Capacity to create power.

43-11-13. Capacity to create power.
No person is capable of creating a power who is not at the same time capable of granting some estate in the property to which the power relates.
Source:
CivC 1877, §307; CL 1887, §2823; RCivC 1903, §330; RC 1919, §399; SDC 1939, §59.0412.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-14 - Manner of creating power.

43-11-14. Manner of creating power.
A power may be created only:
(1)By a suitable clause contained in a grant of some estate in the real property to which the power relates or in an agreement to execute such a grant; or
(2)By a devise contained in a will.
Source:
CivC 1877, §309; CL 1887, §2825; RCivC 1903, §332; RC 1919, §401; SDC 1939, §59.0414.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-15 - Vesting of power.

43-11-15. Vesting of power.
A power may be vested in any person.
Source:
CivC 1877, §308; CL 1887, §2824; RCivC 1903, §331; RC 1919, §400; SDC 1939, §59.0413.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-16 - Grantor may reserve power in conveyance.

43-11-16. Grantor may reserve power in conveyance.
The grantor in any conveyance may reserve to himself any power, beneficial or in trust, which he might lawfully grant to another; and every power thus reserved is subject to the provisions of this chapter in the same manner as if granted to another.
Source:
CivC 1877, §310; CL 1887, §2826; RCivC 1903, §333; RC 1919, §402; SDC 1939, §59.0415.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 11 - Real Property Powers › Section 43-11-17 - Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.

43-11-17. Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.
Where the grantor in any conveyance reserves to himself for his own benefit an absolute power of revocation, such grantor is still to be deemed the absolute owner of the estate conveyed so far as the rights of creditors and purchasers are concerned.
Source:
CivC 1877, §341; CL 1887, §2857; RCivC 1903, §364; RC 1919, §431; SDC 1939, §59.0444.