Title 43, PROPERTY

Any deed, transfer, or assignment of real or personal property from husband to wife or from wife to husband which conveys an interest in the grantor's lands or personal property and by its terms evinces an intent on the part of the grantor to create a joint tenancy between granto…

Any deed, transfer, or assignment of real or personal property to two or more grantees, including any deed in which a grantor is also a grantee, which, by the method of describing such grantees or by the language of the granting habendum clause therein evinces an intent to create…

A partnership interest is one owned by several persons, in partnership, for partnership purposes. Source: CivC 1877, § 177; CL 1887, § 2693; RCivC 1903, § 200; RC 1919, § 270; SDC 1939, § 51.0213.

An interest in common is one owned by several persons not in joint ownership or partnership. Source: CivC 1877, § 178; CL 1887, § 2694; RCivC 1903, § 201; RC 1919, § 271; SDC 1939, § 51.0214.

Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in §§ 43-2-12 to 43-2-14 , inclusive. Source: C…

There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, computer programs, trade marks, s…

Animals, wild by nature, are the subjects of ownership when tamed or taken and held in possession, or disabled and immediately pursued. Source: CivC 1877, § 161; CL 1887, § 2677; RCivC 1903, § 184; RC 1919, § 254; SDC 1939, § 51.0201.

The ownership of property is either: (1) Absolute; or (2) Qualified. Source: CivC 1877, § 171; CL 1887, § 2687; RCivC 1903, § 194; RC 1919, § 264; SDC 1939, § 51.0207.

The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. Source: CivC 1877, § 172; CL 1887, § 2688; RCivC 1903, § 195; RC 1919, § 265; SDC 1939, § 51.0208…

The ownership of property is qualified: (1) When it is shared with one or more persons; (2) When the time of enjoyment is deferred or limited; or (3) When the use is restricted. Source: CivC 1877, § 173; CL 1887, § 2689; RCivC 1903, § 196; RC 1919, § 266; SDC 1939, § 51.0209.

All property in this state has an owner, whether that owner is the United States or the state, and the property public; or the owner an individual, and the property private. The state may also hold property as a private proprietor. Source: CivC 1877, § 168; CL 1887, § 2684; RCivC…

The state is the owner of all property lawfully appropriated or dedicated to its own use, and of all property of which there is no other owner. Source: CivC 1877, § 169; CL 1887, § 2685; RCivC 1903, § 192; RC 1919, § 262; SDC 1939, § 51.0204.

Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state, except as provided in § 43-2A-2 . Source: CivC 1877, § 170; CL 1887, § 2686; SL 1890, ch 123 ; RCivC 1903, § 193; RC 1919, § 263; SDC 1939, § 51.0205; SL 1979, ch 2…