Title 43 — PROPERTY

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 writing. Source: CivC…

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 heirs, and assigns, are implied unless restrained …

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, unless restricted by express ter…

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 had actual n…

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.

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 the land descended or devised to them, in the cases and in the manner prescribed …

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 1919, § 555 (2); SDC 1939, § 51.141…

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, § 555 (3); SDC 1939, § 5…

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, subdiv 4; R…

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: …

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, or public purpose, with a condition subsequent annexed i…

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 na…

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 continue to hold or use the lands for th…

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 in such conveyance and is suffic…

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 …

Nothing in §§ 43-25-18.1 to 43-25-18.6 , inclusive, applies to severed mineral interests. Source: SL 2005, ch 232 , § 6.

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).

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 in as full and compl…

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 instru…

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 instrume…

Any unincorporated religious, benevolent, fraternal, charitable, or educational association may mortgage or convey any real estate which is owned by such association by adopting a resolution directing such mortgage or conveyance, which mortgage or conveyance shall be executed by …

A certified copy of the adopted resolution authorizing the sale or mortgage of any real estate, and the affidavit of the publication of notice of sale, all as provided for in § 43-25-22 , must be recorded at length by the register of deeds of the county in which the real property…

All conveyances of real property, dated, and recorded in the county where the property is situated, by any unincorporated religious, benevolent, fraternal, charitable, or educational association, prior to January 1, 1992, are, notwithstanding the omission of a resolution directin…

The absence of the seal of any grantor or his agent from any grant of an estate in real property heretofore or hereafter made shall not invalidate or in any manner impair the same. Source: CivC 1877, § 623; CL 1887, § 3246; RCivC 1903, § 939; RC 1919, § 541; SDC 1939, § 51.1402.

The execution of a grant of an estate in real property, other than an estate at will or for a term not exceeding one year, if it is not duly acknowledged, must, to entitle the grant to be recorded, be proved by a subscribing witness, or as otherwise provided in §§ 43-28-8 and

Instruments essential to the title of real property and which are not kept in a public office as a record pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title. Source: CivC 1877, § 579; CL 1887, § 3202; RCivC 1903, §…

Grants of rents, or of reversions, or of remainders, are good and effectual without attornments of the tenants, but no tenant, who before notice of the grant shall have paid rent to the grantor, must suffer any damage thereby. Source: CivC 1877, § 632; CL 1887, § 3253; RCivC 1903…

A transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant. Source: CivC 1877, § 631; CL 1887, § 3252; RCivC 1903, § 945; RC 1919, …

Every grant of an estate in real property is conclusive against the grantor and everyone subsequently claiming under him, except a purchaser or encumbrancer who, in good faith, and for a valuable consideration, acquires a title or lien by an instrument that is first duly recorded…

A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred, in the same manner and to the same extent as such property was obviously and permanently used by the p…

A grant, made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. Source: CivC 1877, § 6…

Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of an estate in real property, is reserved to the grantor, or given to any other person, a subsequent grant of or charge upon the estate, by the person having the power of revocation, in favo…

Where a person having a power of revocation, within the provisions of § 43-25-32 , is not entitled to execute it until after the time at which he makes such a grant or charge as is described in § 43-25-32 , the power is deemed to be executed as soon as he is entitled to execute i…

Every instrument other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or e…

No instrument is to be avoided under § 43-25-34 in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended. Source: CivC …

The rights of a purchaser or encumbrancer in good faith and for value are not to be impaired by any of the provisions of §§ 43-25-32 to 43-25-35 , inclusive. Source: CivC 1877, § 680; CL 1887, § 3302; RCivC 1903, § 995; RC 1919, § 601; SDC 1939, § 51.1408.

Words of inheritance or succession are not requisite to transfer a fee in real property. Source: CivC 1877, § 618; CL 1887, § 3241; RCivC 1903, § 934; RC 1919, § 536; SDC 1939, § 51.1312.

The standard form of warranty deeds in this state is as follows: WARRANTY DEED ________, grantor, of ________ county, of ________, for and in consideration of ________ dollars, grants, conveys and warrants to ________, grantee, of ________ P. O. the following described real estat…

Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives, (1) That he is lawfully seized of the p…

The standard form of quitclaim deeds in this state is as follows: QUITCLAIM DEED ________, grantor, of ________ county, state of ________, for and in consideration of ________ dollars, conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the followin…

Every such instrument, duly executed, shall be a conveyance to the grantee, his heirs, and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after - acquired title, unless words expressing such intention be added. Source:…

The provisions of §§ 43-25-5 to 43-25-8 , inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of warranty and quitclaim deeds. Source: RC 1919, § 543; SDC 1939, § 51.1403.