43-25-1. Requisites for transfer of certain estates. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by […]
43-25-10. Use of word “grant” in conveyance–Implied covenants, action to enforce. From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his […]
43-25-11. Use of words “remise,” “release,” or “quitclaim” in conveyance–Implied covenants. From the use of the words “remise,” “release,” or “quitclaim” in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, […]
43-25-12. Prior unrecorded conveyance–Rights of purchaser in good faith. Any person holding real estate or any interest therein under a conveyance in the terms of §43-25-11 shall be deemed a purchaser in good faith and for a valuable consideration, unless such person at the time of the execution and delivery of such conveyance shall have […]
43-25-13. Lineal and collateral warranties abolished–Exception. Lineal and collateral warranties, with all their incidents, are abolished, except as provided by §§43-25-14 to 43-25-19, inclusive. Source: CivC 1877, §633; CL 1887, §3254; RCivC 1903, §947; RC 1919, §555; SDC 1939, §51.1414.
43-25-14. Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise. The heirs and devisees of any person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of […]
43-25-15. Presumption as to passing of fee simple title–Exception. A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended. Source: CivC 1877, §633, subdiv 2; CL 1887, §3254, subdiv 2; RCivC 1903, §947, subdiv 2; RC […]
43-25-16. Condition precedent in grant of real property–Performance necessary to pass estate. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition. Source: CivC 1877, §633, subdiv 3; CL 1887, §3254, subdiv 3; RCivC 1903, §947, subdiv 3; RC 1919, […]
43-25-17. Subsequently acquired title passes by operation of law. Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors. Source: CivC 1877, §633, subdiv 4; CL 1887, §3254, […]
43-25-18. Grant made on condition subsequent defeated by nonperformance of condition. Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record. Source: […]
43-25-18.1. Action describing land and conditions of conveyance–Statement of changed conditions which make it impossible or impractical to hold lands for public purpose. Notwithstanding the provisions of §§43-25-18 and 43-30-12, whenever any real property is, heretofore or hereafter, conveyed by any grant or devise to be held or used for any religious, educational, charitable, benevolent, […]
43-25-18.2. Commencement and prosecution of action–Limitation. In any action provided for in §43-25-18.1, the heirs of the grantor, reversionary interest holder, or devisor, if known, shall be named as defendants and the action shall be commenced and prosecuted as provided for by existing law for actions against known defendants. If the names or addresses of […]
43-25-18.3. Hearing–Sale of lands and reinvestment in other lands on court finding allegations are true. If, upon the hearing, it appears to the satisfaction of the court that the allegations in the action are true and that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to […]
43-25-18.4. Title in fee simple free of conditions to purchaser of land. No sale of lands under the decree of the court pursuant to §§43-25-18.1 to 43-25-18.6, inclusive, defeats the estate of the grantee named in the original conveyance because of the failure to continue to hold or use the land for the purpose named […]
43-25-18.5. Court authorized to place conditions on sale proceeds. As part of the decree or judgment entered in any action commenced under §§43-25-18.1 to 43-25-18.6, inclusive, the court may require that the real property be sold and that the proceeds from the sale be used for similar religious, educational, charitable, benevolent, or public purposes as […]
43-25-18.6. Inapplicability of provisions to severed mineral interests. Nothing in §§43-25-18.1 to 43-25-18.6, inclusive, applies to severed mineral interests. Source: SL 2005, ch 232, §6.
43-25-19. Encumbrances defined. The term “encumbrances” includes taxes, assessments, and all liens upon real property. Source: CivC 1877, §633, subdiv 6; CL 1887, §3254, subdiv 6; RCivC 1903, §947, subdiv 6; RC 1919, §555 (6); SDC 1939, §51.1414 (6).
43-25-2. Conveyance of interest in property by owner out of possession. Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same […]
43-25-20. Corporate deeds and mortgages–Execution, assignment, and release by officers of corporation–Acknowledgment. Any officer of a corporation, authorized by the charter or articles of incorporation, the bylaws, or the consent of the stockholders or of the board of directors of such corporation, may execute deeds, mortgages, assignments of mortgage, releases of mortgage, and all other […]
43-25-21. Corporate seal or acknowledgment as prima facie evidence of executing officer’s authorization. The corporate seal of any corporation attached to a deed, mortgage, assignment of mortgage, release of mortgage, or other instrument executed and acknowledged by any officer of such corporation is prima facie evidence that such officer was duly authorized to execute such […]
