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Home » US Law » 2022 South Dakota Codified Laws » Title 44 - Liens » Chapter 06 - Vendor's And Vendee's Liens

Section 44-6-1 – Purchase price of real property–Special or vendor’s lien.

44-6-1. Purchase price of real property–Special or vendor’s lien. One who sells real property has a special or vendor’s lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer. Source: CivC 1877, §1801; CL 1887, §4436; RCivC 1903, §2148; RC […]

Section 44-6-3 – Validity of liens of vendors and vendees–Exception.

44-6-3. Validity of liens of vendors and vendees–Exception. The liens described by §§44-6-1 and 44-6-2 are valid against everyone claiming under the debtor, except a purchaser or encumbrancer without notice, in good faith, and for value. Source: CivC 1877, §1803; CL 1887, §4438; RCivC 1903, §2150; RC 1919, §1691; SDC 1939, §39.0601.

Section 44-6-4 – Written contract by buyer of real property for payment of purchase price to seller–Transfer of contract by seller waives lien to extent of sum payable under contract–Exception.

44-6-4. Written contract by buyer of real property for payment of purchase price to seller–Transfer of contract by seller waives lien to extent of sum payable under contract–Exception. Where a buyer of real property gives to the seller a written contract for the payment of all or part of the price, an absolute transfer of […]

Section 44-6-5 – Lien on personal property for purchase price–Enforcement.

44-6-5. Lien on personal property for purchase price–Enforcement. One who sells personal property has a special lien thereon, dependent on possession for its price, if it is in his possession when the price becomes payable and may enforce his lien in like manner as if the property was pledged to him for the price. Source: […]