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58 chapters · 827 sections in this title.
SDCL § 43-4-48 Private transfer fee obligation defined
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For the purposes of §§ 43-4-47 to 43-4-57 , inclusive, the term, private transfer fee obligation, means an obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded,…
SDCL § 43-4-49 Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable
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Any private transfer fee obligation recorded or entered into in this state after June 30, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real prop…
SDCL § 43-4-5 Transfer without writing where not required by statute
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A transfer may be made without writing in every case in which a writing is not expressly required by statute. Source: CivC 1877, § 604; CL 1887, § 3227; RCivC 1903, § 920; RC 1919, § 522; SDC 1939, § 51.1303.
SDCL § 43-4-50 Liability for private transfer fee obligations recorded or entered into after June 30, 2011
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Any person who records or enters into an agreement imposing a private transfer fee obligation in the person's favor after June 30, 2011, is liable for any damages resulting from the imposition of the transfer fee obligation on the transfer of an interest in the real property, inc…
