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.
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.
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: […]
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 […]
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.
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; […]
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.
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; […]
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 […]
43-11-18. Effect of absolute power of disposition given to life tenant or tenant for years–Rights of creditors, purchasers, or encumbrancers. Where an absolute power of disposition not accompanied by any trust is given to the owner of a particular estate for life or years, such estate is changed into a fee, absolute in favor of […]
43-11-19. Effect of absolute power of disposition given to person to whom no particular estate is limited–Rights of creditors, purchasers, and encumbrancers. Where an absolute power of disposition not accompanied by any trust is given to any person to whom no particular estate is limited, such person also takes a fee subject to any future […]
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.
43-11-20. Effect of absolute power of disposition of estate not limited by a remainder. In all cases where an absolute power of disposition is given not accompanied by any trust and no remainder is limited on the estate of the holder of the power, he is entitled to an absolute fee. Source: CivC 1877, §338; […]
43-11-21. General and beneficial power to devise inheritance–Absolute power to dispose of fee. Where a general and beneficial power to devise the inheritance is given to the owner of an estate for life or for years, he is deemed to possess an absolute power of disposition within the meaning of §§43-11-18 to 43-11-20, inclusive. Source: […]
43-11-22. Power of disposition absolute where holder can dispose of entire fee in his lifetime. Every power of disposition is deemed absolute by means of which the holder is enabled in his lifetime to dispose of the entire fee, in possession or in expectancy, for his own benefit. Source: CivC 1877, §340; CL 1887, §2856; […]
43-11-23. Special and beneficial power to make leases valid during life estate. A special and beneficial power is valid which is granted to the owner of a life estate in the property embraced in the power to make leases, commencing in possession during his life. Source: CivC 1877, §342; CL 1887, §2858; RCivC 1903, §365; […]
43-11-24. Special and beneficial power to lease void only as to excess term. A special and beneficial power to make leases of agricultural land for more than ten years or of municipal lots for more than ninety-nine years is void only as to the time beyond ten or ninety-nine years and authorizes leases for those […]
43-11-25. Transfer of power of owner of life estate to make leases. The power of the owner of a life estate to make leases is not transferable as a separate interest, but is annexed to his estate and will pass unless specially excepted by any grant of such estate. If specially excepted in any such […]
43-11-26. Release of power of owner of life estate to make leases. The power of the owner of a life estate to make leases may be released by him to any person entitled to a future estate in the property and is thereupon extinguished. Source: CivC 1877, §345; CL 1887, §2861; RCivC 1903, §368; RC […]
43-11-27. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power. A mortgage executed by the owner of a life estate having a power to make leases by virtue of any beneficial power, does not extinguish or suspend the power, but the power is bound by the […]
