Title 21 — JUDICIAL REMEDIES

An action may be maintained by any person or persons having or claiming to have an estate or interest in or lien or encumbrance upon any real property, whether in or out of possession thereof and whether such property is vacant or occupied, against any person or persons claiming …

In any action to determine adverse claims to real property in the circuit court in which personal service was made of the summons or summons and complaint, on any nonresident defendant, in lieu of service by publication, by an officer of such foreign state and where proof of such…

In an action brought pursuant to 21-41-1 it shall be necessary for the plaintiff to state in his complaint in general terms only that he has or claims title in fee to the property, or a lien upon or interest therein as the case may be, which property must be described with suffic…

Immediately after the filing of the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of several counties in which the property is situated, a notice of the pendency of the action, containing the title and object of …

If the defendant in an action to determine adverse claims disclaim in his answer any interest or estate in the property or suffer judgment to be taken against him without answer, the plaintiff cannot recover costs except as provided in §

The defendant in his answer must set forth fully and particularly the origin, nature, and extent of his claim to the property; and may set forth his rights in the property as a counterclaim and demand affirmative relief. Source: SL 1903, ch 194 , § 3; SL 1905, ch 81 ; RC 1919, § …

Any counterclaim filed pursuant to § 21-14-5 must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. Issues may be joined and tried as in other actio…

The judgment of the court upon such findings, if in favor of the plaintiff for the recovery of the real property, and in favor of the defendant for the counterclaim, shall require such plaintiff to pay to the defendant the value of the improvements as determined by such findings,…

Any creditor of any deceased person, made a party defendant to an action brought pursuant to § 21-41-1 , may set forth in his answer, his claim against such decedent, and if the amount and validity of such claim be established upon the trial and it be also established that the es…

The court shall have jurisdiction in such action to determine who are the heirs at law, devisees, and legatees of any deceased person who had in his lifetime any interest in or lien or encumbrance on the premises involved between themselves, as well as with respect to the rights …

From the time of the publication of the summons, as directed in §§ 21-41-8 and 21-41-9 , the circuit court shall have jurisdiction of the estate of any deceased person described in § 21-41-18 , to make final settlement thereof, so far as may be necessary to a complete determinati…

The plaintiff or plaintiffs may join in one cause of action as many tracts, parcels, or lots of real estate wherever situated within the state as they may elect, provided they all have a common interest in obtaining the relief demanded in all real estate included in the action an…

Source: SDC 1939, § 37.1524 as enacted by SL 1947, ch 171 ; SL 1955, ch 136 ; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011; SL 2021, ch 34 , § 2. 21-41-21. Obsolete.

21-41-22 Allowance of plaintiff's claim for improvements--Value alleged in complaint. 21-41-23 Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant. 21-41-24 Repealed. 21-41-25 Relief from default judgment--Rights of good…

In an action brought to determine adverse claims to real estate, under the provisions of this chapter, affecting real estate upon which permanent improvements have been made by a plaintiff, or those under whom he claims, holding under color of title adversely to the claim of a de…

The judgment of the court upon findings pursuant to § 21-41-22 , if in favor of the defendant or intervenor, for the recovery of the real property, and in favor of the plaintiff or intervenor for the value of such improvements, shall require the person found entitled to recover s…

Source: SL 1903, ch 194 , § 9; SL 1905, ch 81 ; RC 1919, § 2855; SDC 1939, § 37.1514; SL 1943, ch 138 ; SL 2025, ch 90 , § 5.

The court may, in its discretion and upon such terms as may be just, at any time within two years after the entry of judgment, relieve a defendant in such action from the judgment, if taken against him through his mistake, inadvertence, surprise, or excusable neglect, and allow s…

A person or entity is liable for costs, disbursements, and reasonable attorney's fees if the party seeking to quiet title is successful, and at least twenty days before bringing suit, the party seeking to quiet title: (1) Delivers to the person or entity, and requests the person …

Any number of persons may be joined as plaintiffs in an action brought pursuant to § 21-41-1 , where one or more defendants are proper defendants as to all such plaintiffs, without regard to whether all plaintiffs have an interest in all real estate involved, and the finding of t…

In such action all persons who have or claim to have or who appear of record to have ever had any interest or estate in, claim to, or lien or encumbrance upon the premises described in the summons and complaint or any part thereof or if dead, their heirs, devisees, legatees, pers…

If not known, the persons named in § 21-41-5 may be made defendants by designating them in the summons and complaint as, all persons unknown who have or claim to have any interest or estate in or lien or encumbrance upon the premises described in the complaint. In case unknown pa…

The action shall be commenced by the filing of a complaint in the office of the clerk of courts of the county in which the real estate or some part thereof is situated, and the issuance of a summons, which, after the title of the action, shall be substantially in the following fo…

The summons shall be served upon all defendants specified by name in the title to the action, either personally or by publication as provided by statute or rules of court for such service. Source: SL 1903, ch 194 , § 6; SL 1905, ch 81 ; RC 1919, § 2851; SDC 1939 & Supp 1960, § 37…