Title 43 — PROPERTY

If the payee fails to provide a written statement of the transfer fee payable within thirty days of the date of a written request for such statement sent to the address shown in the notice of transfer fee, the grantor, on recording of the affidavit required under § 43-4-56 , may …

An affidavit stating the facts enumerated under § 43-4-57 shall be recorded in the office of the register of deeds in the county in which the real property is situated prior to or simultaneously with a conveyance pursuant to § 43-4-55 of real property unburdened by a private tran…

If recorded, an affidavit as described in § 43-4-56 constitutes prima facie evidence that: (1) A request for the written statement of the transfer fee payable in order to obtain a release of the fee imposed by the private transfer fee obligation was sent to the address shown in t…

A transfer in writing is called a grant, or conveyance, or bill of sale. The term "grant" in this title includes all these instruments, unless it is specially applied to real property. Source: CivC 1877, § 605; CL 1887, § 3228; RCivC 1903, § 921; RC 1919, § 523; SDC 1939, § 51.13…

A grant takes effect so as to vest the interest intended to be transferred only upon its delivery by the grantor. A grant duly executed is presumed to have been delivered at its date. Source: CivC 1877, §§ 606, 607; CL 1887, §§ 3229, 3230; RCivC 1903, §§ 922, 923; RC 1919, §§ 524…

A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute; and the instrument takes effect thereupon discharged of any condition on which the delivery was made. Source: CivC 1877, § 608; CL 1887, § 3231; RCivC 1903, …

Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grante…

The absolute power of alienation may not be suspended by any limitation or condition whatever for a longer period than during the continuance of the lives of persons in being plus a period of thirty years at the creation of the limitation or condition, except in the single case m…

Every future interest is void which suspends the absolute power of alienation for a longer period than is prescribed in this code. A power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed. Source: CivC 1877, …

The absolute ownership of a term of years cannot be suspended for a longer period than the absolute power of alienation can be suspended in respect to a fee. Source: CivC 1877, § 227; CL 1887, § 2743; RCivC 1903, § 250; RC 1919, § 320; SDC 1939, § 51.0411.

The suspension of all power to alienate the subject of a trust is a suspension of the power of alienation. However, there is no suspension of the power of alienation by a trust or by equitable interests under a trust if the trustee has power to sell, either expressed or implied, …

If a future interest or trust is created by exercise of a power of appointment, the permissible period is computed from the time the power is exercised if the power is a general power including a testamentary general power or from the time the power is created if the power is not…

If, at the expiration of the period in which any instrument or any provision thereof created by a trust or other legal relationship is not to be rendered invalid by the provisions of this chapter measured by actual, rather than possible, events, any of the assets which have not b…

This chapter does not limit any of the following: (1) Transfers, outright or in trust, for charitable purposes; (2) Transfer to charitable corporations; (3) Transfers to any cemetery corporation, society, or association; or (4) Employees' trusts created as part of a pension, reti…

The common - law rule against perpetuities is not in force in this state. Source: SL 1983, ch 304 , § 4.

If no action or proceeding has been instituted by July 1, 1984, to declare void any instrument which existed prior to July 1, 1983, under the provisions of this chapter as it existed prior to July 1, 1983, then all such instruments shall be interpreted under this chapter 43-5 . S…

The income of property, as the term is used in this title, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property. Source: CivC 1877, § 215; CL 1887, § 2731; RCivC 1903, § 238; RC 1919, § 308; SDC 1939,…

Dispositions of the income of property, to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition, are governed by the rules prescribed in this title, in relation to future interests. Source: CivC 1877, § 204; CL 1887, § 2720…

When, in consequence of a valid limitation of future interest, there is a suspension of the power of alienation or of the ownership, during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the pers…

Estates in real property, in respect to the duration of their enjoyment are: (1) Estates of inheritance or perpetual estates; (2) Estates for life; (3) Estates for years; or (4) Estates at will. Source: CivC 1877, § 218; CL 1887, § 2734; RCivC 1903, § 241; RC 1919, § 311; SDC 193…

Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution. Source: CivC 1877, § 222; CL 1887, § 2738; RCivC 1903, § 245; RC 1919, § 315; SDC 1…

Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee. Source: CivC 1877, § 219; CL 1887, § 2735; RCivC 1903, § 242; RC 1919, § 312; SDC 1939, § 51.0404.

Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute. Source: CivC 1877, § 220; CL 1887, § 2736; RCivC 1903, § 243; RC 1919, § 313; SDC 1939, § 5…

Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death. Sourc…

An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold. Source: CivC 1877, § 223; CL 1887, § 2739; RCivC 1903, § 246; RC 1919, § 316; SDC 1939, § 51.0407.

The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance. Source: CivC 1877, § 256; CL 1887, § 2772; RCivC 1903, § 279; RC 1919, § 349; SDC 1939, § 51.0706.

After the notice prescribed by §§ 43-8-8 and 43-8-9 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession. Source: CivC 1877, § 241; CL 1887, …

Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made any time after the right has accrued, upon three days' previous written notice of intention to reenter, served in the mode prescribed by §

An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in §

The owner of a life estate must keep the building and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. Source: CivC 1877, § 271; CL 1887, § 2787; RCivC 1903,…

Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. Source: CivC 1877, § 262; CL 1887, § 2778; RCivC 1903, § 285; RC 1919, § 355; SDC 1939, § 51.0707.

Rent dependent upon the life of a person may be recovered after as well as before his death. Source: CivC 1877, § 263; CL 1887, § 2779; RCivC 1903, § 286; RC 1919, § 356; SDC 1939, § 51.0708.

A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired or by §

A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the building, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest the crops growing at the end of his tenancy. Source: …

A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease or for any waste or cause of forfei…

A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days. H…

A tenancy or other estate at will for a commercial property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month. Sourc…

The notice prescribed by § 43-8-8 must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuou…

Subject to the provisions of this chapter and of chapters 43-1 to 43-7 , inclusive, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a fr…

A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder is to be deemed a conditional limitation. Source: CivC 1877, § 235; CL 1887, § 2751; RCivC 1903, § 258; RC 1919, § 328;…

When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate are the successors or heirs of the body of the owner for life, are entitled to take by virtue of…

When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to take effect only on the death of the first taker, or the expiration by lapse of time of such term of years. Source: CivC…

A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. Source: CivC 1877, § 238; CL 1887, § 2754; RCivC 1903, § 261; RC 1919, § 331; SDC 1939, § 51.0422.

A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the proper…

A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on the termination, by lapse of time or otherwise, of a precedent estate created at the same time. Source: CivC 1877, § 224;…

A reversion is the residue of an estate left by operation of law in the grantor or his successors or in the successors of a testator commencing in possession on the determination of a particular estate granted or devised. Source: CivC 1877, § 225; CL 1887, § 2741; RCivC 1903, § 2…

When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name. Source: CivC 1877, § 226; CL 1887, § 2742; RCivC 1903, § 249; RC 1919, § 319; SDC 1939, § 51.0410.

A contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is limited die under the age of twenty - one years, or upon any other contingency by which the estate of such persons may be determin…

Successive estates for life cannot be limited except to persons in being at the creation thereof, and all life estates subsequent to those of persons in being are void; and upon the death of those persons, the remainder, if valid in its creation, takes effect in the same manner a…

No remainder can be created upon successive estates for life, provided for in § 43-9-6 , unless such remainder is in fee; nor can a remainder be created upon such estate in a term for years unless it is for the whole residue of such term. Source: CivC 1877, § 232; CL 1887, § 2748…