21-45-1. Property subject to partition or sale–Persons entitled to bring action. When several cotenants hold and are in possession of real property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought […]
21-45-10. Validation of prior appearances by personal representatives. In all partition proceedings including sales conducted before July 1, 1947 in the circuit courts of this state, in which any duly appointed, qualified and acting personal representative shall have appeared as a party plaintiff, or defendant, and the heirs or devisees therein were not named as […]
21-45-11. Contents of answer. The defendants who have been served with process in the action, or who have appeared without such service, must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property; and if such defendants claim a lien on the property by mortgage, […]
21-45-12. Trial and determination of rights of parties in property–Rights of unknown persons. The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of […]
21-45-13. Abstract of title or title insurance policy–Notice of availability–Custody and inspection–Allowance as costs. If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed […]
21-45-14. Interest allowed on disbursements directed by court. Whenever, during the progress of the action for partition, any disbursements shall have been made under the direction of the court or the judge thereof, by a party thereto, interest must be allowed thereon from the time of making such disbursements. Source: CCivP 1877, §596; CL 1887, […]
21-45-15. Order directing partition of property–Referees appointed. Except as provided by §21-45-28, upon requisite proof being made, the court must order partition of the property in kind according to the respective rights of the parties, as ascertained by the court, and must designate the portion to remain undivided for the owners whose interests remain unknown […]
21-45-16. Partition by original cotenancies–Further partition or cotenancy. Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition, in the first instance, among all the parties in interest, the court may first ascertain and determine the shares or interest respectively held by the original […]
21-45-17. Partition according to respective rights of parties–Surveys and landmarks. In making the partition, the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, […]
21-45-18. Road or street set aside before partition or sale. Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart shall not be assigned to any of the […]
21-45-19. Unequal division with compensatory payments between parties. When it appears that the partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another, […]
21-45-2. Consent by conservator to partition without action. The conservator of any minor or protected person, who is interested in real property held in joint tenancy or in common or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to partition without […]
21-45-20. Report of referees on partition made. The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided and the share allotted to each party, with a particular description of each share. Source: CCivP 1877, §561; CL 1887, §5375; RCCivP 1903, §600; […]
21-45-21. Expenses and fees apportioned among parties. The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties […]
21-45-22. Court action on referees’ report–Appointment of new referees. The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees. Source: CCivP 1877, §562; CL 1887, §5376; RCCivP 1903, §601; RC 1919, §2812; SDC 1939 & Supp 1960, §37.1416.
21-45-23. Judgment of partition–Persons bound by judgment. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive: (1)On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part […]
21-45-24. Costs apportioned among parties by judgment–Lien and execution against property–Expense of litigation between some of parties. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in […]
21-45-25. Tenants for years not affected by judgment. The judgment of partition does not affect tenants for years less than ten, to the whole of the property which is the subject of the partition. Source: CCivP 1877, §563; CL 1887, §5377; RCCivP 1903, §602; RC 1919, §2813; SDC 1939 & Supp 1960, §37.1417.
21-45-26. Judgment survives death of party. No judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns of such decedent, as if it had been entered before his death. Source: CCivP 1877, §562; CL […]
21-45-27. Lien on undivided interest chargeable to share allocated–Partition costs preferred. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its […]
