Title 44 — LIENS

Such lien as against the owner of the property shall attach and take effect from the time the first item of material or labor is furnished upon the premises by the lien claimant, and shall be preferred to any mortgage or other encumbrance not then of record, unless the lien holde…

As against a bona fide purchaser, mortgagee, or encumbrancer without notice, however, no lien shall attach prior to the actual and visible beginning of the improvement on the ground, but a person having a contract for the furnishing of labor, skill, material, or machinery for suc…

All liens, claims for labor performed, or services or materials furnished, as provided in subdivision 44-9-1(3), shall be concurrent liens upon the property charged and shall be paid pro rata out of the proceeds arising from the sale thereof, if the same shall be sold, or upon se…

Liens for materials, supplies, equipment, and services furnished under construction contracts to contractors or subcontractors and arising under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be expressly waived as provided …

Any lien to which a person or corporation furnishing materials, supplies, equipment, and services to a contractor or subcontractor would otherwise be entitled under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be waived to…

A joint check as used for the purposes provided in this chapter must have a provision on the reverse side thereof making reference to a separate written agreement of waiver between the maker and the person or corporation furnishing materials, supplies, equipment, or services to t…

The endorsement of a joint check as provided herein and the execution of a separate written agreement of waiver by a person or corporation furnishing materials, supplies, equipment, and services to an owner, contractor, or a subcontractor shall constitute an express waiver of all…

It shall be of no consequence under this chapter if the payment or any part thereof in such joint check is released to the contractor or subcontractor by another payee. Release of such funds is at the peril of the person or corporation furnishing materials, supplies, equipment, a…

Source: SL 1879, ch 41 , § 5; CL 1887, § 2043; RPolC 1903, § 2577; SL 1909, ch 51 , § 5; SL 1915, ch 243 , § 5; SL 1917, ch 295 , § 2; RC 1919, §§ 1635, 1649; SL 1919, ch 261 ; SDC 1939, § 39.0708.

Pledge is a deposit of personal property or a contract transferring possession of such as security for an obligation. Source: CivC 1877, §§ 1757, 1758; CL 1887, §§ 4392, 4393; RCivC 1903, §§ 2104, 2105; RC 1919, §§ 1605, 1606; SDC 1939, § 39.0501.

A pledgee cannot sell any evidences of debt pledged to him except the obligations of governments, states, or their subdivisions and public and private corporations; but he may collect the same when due. Source: CivC 1877, § 1777; CL 1887, § 4412; RCivC 1903, § 2124; RC 1919, § 16…

Where a debtor has obtained credit or an extension of time by a fraudulent representation of the value of the property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may foreclose the pledge and rec…

The lien of a pledge is dependent on possession, and no pledge is valid until the property pledged is delivered to the pledgee or to a pledge holder. Source: CivC 1877, § 1759; CL 1887, § 4394; RCivC 1903, § 2106; RC 1919, § 1607; SDC 1939, § 39.0502.

One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it cannot set up his own title to defeat a pledge of the property made by the other to a pledgee who received the property in good faith in the ordinary course of bu…

One who has a lien on property may pledge it to the extent of his lien. Source: CivC 1877, § 1761; CL 1887, § 4396; RCivC 1903, § 2108; RC 1919, § 1609; SDC 1939, § 39.0504.

Property may be pledged as security for the obligation of a person other than the owner and in so doing the owner has all the rights of a pledgor for himself except that he cannot withdraw the property otherwise than as a pledgor for himself might; and if he receives from the deb…

A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged who, if he accepts, becomes a pledge holder. He must enforce all of the rights of the pledgee unless authorized by him to waive them. Source: CivC 1877, §§ 1764, 1767; CL 1887, §§ 4399, …

A pledge holder for reward cannot exonerate himself from his undertaking; and a gratuitous pledge holder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged…

A pledgee or pledge holder for reward assumes the duties and liabilities of a depository for reward. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depository. Source: CivC 1877, §§ 1768, 1769; CL 1887, §§ 4403, 4404; RCivC 1903, §§ 2115, 2116; RC 1…

The increase of property pledged is pledged with the property. Source: CivC 1877, § 1760; CL 1887, § 4395; RCivC 1903, § 2107; RC 1919, § 1608; SDC 1939, § 39.0503.

If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of a…

A factor has a general lien, dependent on possession, for all that is due to him as such, upon all articles of commercial value that are entrusted to him by the same principal. Source: CivC 1877, § 1807; CL 1887, § 4442; RCivC 1903, § 2154; RC 1919, § 1695; SDC 1939, § 39.1502.

A bank or savings and loan association has a general lien, dependent on possession, upon all property in its hands belonging to a customer, for the balance due to it from such customer in the course of business. Source: CivC 1877, § 1808; CL 1887, § 4443; RCivC 1903, § 2155; RC 1…

An officer who levies an attachment or execution upon personal property acquires a special lien, dependent on possession, upon such property, which authorizes him to hold it until the process is discharged or satisfied, or a judicial sale of the property is had. Source: CivC 1877…

Such lien on personal property shall be subject only to liens, mortgages, and conditional sales contracts properly filed on or before the time that the property comes into the possession of the lien claimant. Source: SL 1925, ch 216 , § 2; SL 1927, ch 160 , § 2; SDC 1939, § 39.08…

Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred twenty days after such surrender or loss of possession he gives notice of his l…

If federal law or regulations promulgated thereunder require liens otherwise governed by this chapter to be filed in a place other than the place required by § 44-11-3 , compliance with such filing requirements under federal law or regulation within the time required by § 44-11-3…

The lien may be foreclosed at any time after sixty days from the date of furnishing the last item. The foreclosure may be conducted according to the provisions of chapter 21-53 or according to the provisions of chapter 21-54 , subject to the right of persons adversely interested …

The keeper of any lodging establishment as defined in chapter 34-18 shall have a lien, dependent upon possession, upon the baggage and other property within such lodging establishment and belonging to a guest, as security for the payment of the reasonable and proper charges due f…

The innkeeper may detain the property specified in § 44-11-5 until the charges are paid. The lien shall have priority over all other liens upon such property. Source: CivC 1877, § 1062; CL 1887, § 3686; RCivC 1903, § 1381; SL 1913, ch 237 , § 5; RC 1919, § 1002; SL 1935, ch 173 ,…

Any person having a lien under the provisions of § 44-11-5 may foreclose the same under the provisions of chapter 21-53 or under the provisions of chapter 21-54 subject to the right of any person adversely interested to require foreclosure under the provisions of chapter 21-53 . …

The term "innkeeper" as used in §§ 44-11-5 to 44-11-7 , inclusive, shall include the keeper or proprietor of any hotel, rooming house, boardinghouse, restaurant, or tourist pay camp. Source: SDC 1939, § 39.1508.

Every person who, while lawfully in possession of personal property renders any service to the owner by carriage thereof, has a special lien thereon dependent on possession for the compensation due to him from the owner for such service. Source: CivC 1877, § 1806; CL 1887, § 4441…

Subject to § 44-12-3.1 , a person, association, limited liability company, corporation, county, or other institution, including a municipal corporation, maintaining a hospital licensed under the laws of this state that furnishes hospitalization or other service of any other natur…

The lien granted by § 44-12-1 shall not in any way prejudice or interfere with any lien or contract which may be made by such injured party or his heirs or personal representative with any attorney or attorneys for handling the claim on behalf of such injured party, his heirs, or…

The lien set forth in § 44-12-1 shall not be applied or considered valid against anyone coming under the Workers' Compensation Act in this state. Source: SL 1964, ch 112 , § 1.

If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4 , submit to the payor for payment any reasonable and necessary charges for the treatment…

No such lien may be effective, however, unless a written notice containing the name and address of the injured party, the date of occurrence of the injury, the name and location of the hospital, and the name of the person, firm, limited liability company, or corporation alleged t…

Each register of deeds shall provide a suitable, well - bound book to be called the hospital lien docket in which, upon the filing of any lien claim under the provisions of this chapter, the register of deeds shall enter the name and address of the injured person, the name of the…

The hospital shall also mail, postage prepaid, a copy of the notice required by § 44-12-4 with a statement of the date of filing of the notice to the person, firm, limited liability company, or corporation alleged to be liable to the injured party for the injury sustained before …

Such hospital shall mail a copy of such notice to any insurance carrier which has insured such person, firm, or corporation against such liability. Such person, firm, or corporation alleged to be liable to the injured person shall, upon request of the hospital, disclose the name …

Any person making any payment to such injured party or to the injured party's attorney, heir, or legal representative as compensation for the injury sustained, after the filing and mailing of the notice, without paying to the hospital the amount of its lien or so much thereof as …

Any person, firm, or corporation legally liable for such lien or against whom a claim shall be asserted for compensation for such injury, shall be permitted after waiver or expiration of any privilege granted the injured party under the provisions of § 19-2-3 or any other statute…

Whenever any county or municipality has entered into an agreement with any such other governmental subdivision or other person duly qualified and licensed to perform such services, and counties or municipalities become obligated to and do pay toward the maintenance of such ambula…

No lien as provided in § 44-13-1 shall be effective, however, unless a written notice containing the name and address of the person receiving such ambulance service, the date such service was rendered, and the name of person or persons alleged to be responsible for payment for su…

If any person receiving such ambulance service be a married person, the lien therein established shall also be a lien upon all the property, real and personal including joint tenancy and homestead interests, property thereafter acquired, or interest in property, of the husband or…

Any lien established by virtue of this chapter may be foreclosed by action or compromised and settled in the manner prescribed by chapter 28-14 , relating to public aid to poor liens. Source: SL 1969, ch 29 .

Terms used in this chapter mean: (1) "Default," any failure of an occupant to perform any obligation or duty at the time and in the manner set forth in the rental agreement or under this chapter; (2) "Last known address," that postal or e-mail address provided by the occupant in …

The rental agreement must contain a statement in bold type that the occupant must disclose the name and address of any other person with an ownership interest in the personal property. If the occupant does not disclose any other person, the personal property is deemed wholly owne…

The owner of a self - service storage facility has a lien upon all personal property located at a self - service storage facility for rent, labor, late fees, or other charges, present or future, in relation to the personal property, and for expenses necessary for its preservation…