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Home » US Law » 2022 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, […]

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 […]

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.

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 […]

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 […]

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 […]

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.

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.

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; […]

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 […]

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 […]