Title 43 — PROPERTY

An easement or servitude created by an owner is valid and effective, notwithstanding the common ownership of the benefited and burdened property, at the time of creation or after reacquisition of the property by the creator of the easement or servitude. Source: SL 2025, ch 182 , …

In case of partition of the dominant tenement, the burden must be apportioned according to the division of the dominant tenement, but not in such a way as to increase the burden upon the servient tenement. Source: CivC 1877, § 250; CL 1887, § 2766; RCivC 1903, § 273; RC 1919, § 3…

The owner of a future estate in a dominant tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such easements, although such tenement is occupied by a tenant. Source: CivC 1877, § 251; CL 188…

The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached thereto. Source: CivC 1877, § 252; CL 1887, § 2768; RCivC 1903, § 275; RC 1919, § 345; SDC 1939, § 51.0607.

Source: SL 2024, ch 189 , § 14, rejected Nov. 5, 2024.

Source: SL 2024, ch 189 , § 15, rejected Nov. 5, 2024.

Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or succession. Source: CivC 1877, § 581; CL 1887, § 3204; RCivC 1903, § 897; RC 1919, § 495; SDC 1939, § 51.1101.

Occupancy for the period prescribed by any law of this state as sufficient to bar an action for the recovery of property, confers a title thereto denominated a title by prescription, which is sufficient against all. Source: CivC 1877, § 582; CL 1887, § 3205; RCivC 1903, § 898; RC…

Any person settled upon the public lands belonging to the United States on which settlement is not expressly prohibited by Congress or some department of the general government may maintain an action for any injuries done the same, also an action to recover the possession thereof…

Terms as used in this chapter mean: (1) "Commission," the South Dakota Real Estate Commission; (2) "Co - owner," any person, firm, corporation, limited liability company, partnership, association, trust, or legal entity, or any combination thereof who owns a condominium within th…

Prior to the time when a domestic condominium project is to be offered for sale in this state, the developer shall notify the real estate commission in writing of his intention to sell such offerings. If the developer fails to notify the commission as provided in this chapter, th…

The notice of intention to sell shall be accompanied by a fee of twenty - five dollars for each condominium unit up to a maximum of five hundred dollars and by a verified copy of a questionnaire provided by the commission which has been properly completed by the developer. The qu…

After appropriate notification has been made pursuant to §§ 43-15A-10 and 43-15A-11 , an inspection of the condominium project may be made by the Real Estate Commission. Source: SL 1975, ch 270 , § 8; SL 1986, ch 302 , § 82.

The Real Estate Commission may waive initial inspection when in its opinion, a preliminary or final public report can be substantially drafted and issued from the contents of the questionnaire and other or subsequent inquiries. Failure of the commission to notify the developer of…

When an inspection is to be made of projects, the notice of intention shall be accompanied by the filing fee, together with an amount estimated by the Real Estate Commission to be necessary to cover the actual expenses of such inspection, not to exceed seventy - five dollars a da…

The fees collected in this chapter shall be deposited and expended according to the rules promulgated pursuant to chapter 1-26 by the Real Estate Commission. Source: SL 1975, ch 270 , § 20; SL 1986, ch 302 , § 84.

When the Real Estate Commission makes an examination of any project, it shall make a public report of its findings, which shall contain all material facts available. A public report shall be construed to be neither an approval nor a disapproval of a project. Source: SL 1975, ch 2…

No unit in a condominium project may be offered for sale until the Real Estate Commission has issued a final or substitute public report thereon, nor may reservations to purchase be taken until the commission has issued a preliminary, final, or substitute public report. Source: S…

If, after a final or substitute public report has been issued, the Real Estate Commission decides to conduct further inquiries or investigations in order to protect the general public in its real estate transactions, the commission may issue a supplementary public report describi…

No developer may enter into a binding contract or agreement for the sale of any unit in a condominium project until a true copy of the Real Estate Commission's final or substitute public report thereon with all supplementary public reports, if any, has been issued and given to th…

"Condominium," as used in this chapter, unless the context otherwise requires, shall mean an estate in real property consisting of an undivided interest in portions of a parcel of real property together with a separate interest in space in a residential, industrial, or commercial…

The true copies of the Real Estate Commission's public reports shall be an exact reproduction of those prepared by the commission. Source: SL 1975, ch 270 , § 16; SL 1986, ch 302 , § 89.

Receipts taken for any public report shall be kept on file in possession of the developer subject to inspection at a reasonable time by the Real Estate Commission or its deputies, for a period of three years from the date the receipt was taken. Source: SL 1975, ch 270 , § 14; SL …

It is a Class 1 misdemeanor for the developer of the project, after an offering is submitted to the Real Estate Commission, to materially change the setup or value or use of such offering without first notifying the commission in writing of such intended change and substantially …

Any deposit made with a reservation to purchase or a contract to purchase shall be held in escrow in a separate fund for such deposits designated as such until the deed for which a deposit was made is delivered to the depositor. Source: SL 1975, ch 270 , § 12.

No management or recreation facility contract may be entered into by a developer for a period of longer than two years. All subsequent management or recreation facility contracts shall be made by council of co - owners. Source: SL 1975, ch 270 , § 13.

Any person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation of any false statement or representation concerning any project offered for sale or lease, and a person who, with knowledge that an advertisement, pamphlet, prosp…

If the Real Estate Commission has reason to believe that a developer is violating any provision set forth in §§ 43-15A-10 to 43-15A-26 , inclusive, or the rules of the commission promulgated pursuant thereto, the commission may investigate the developer's project and examine the …

Any vertical and horizontal property regime established pursuant to former chapter 43-15 , or any condominium established pursuant to chapter 43-15A recorded before January 1, 1992, in the office of the register of deeds of the county in which the land is located, which was in co…

A lien holder who contributes to the erection, alteration, repair, or other general improvement of a single development of condominiums shall apportion his demand among the condominiums affected and shall assert a lien for a proportionate part upon each and upon the ground appurt…

Whenever a developer, the sole owner, or the co - owners of a building or buildings expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated by § 43-15A-4 , their desire to submit their property to the formation of a c…

The Real Estate Commission may promulgate rules pursuant to chapter 1-26 relating to the administration and enforcement of the provisions of this chapter. Source: SL 1986, ch 302 , § 94.

The master deed or lease to which § 43-15A-3 refers shall express the following particulars: (1) The description of the land, whether leased or in fee simple, and the building or buildings, expressing their respective areas; (2) The general description and the number of each cond…

"Common areas," as used in this chapter, unless the context otherwise requires and unless otherwise provided in the master deed or lease, includes: (1) The land whether fee simple or leased, on which the building or buildings stand; (2) The foundations, main walls, roofs, halls, …

Any condominium may be jointly or commonly owned by more than one person. Source: SL 1975, ch 270 , § 3.

Any condominium owner shall have an exclusive right to his condominium and shall have a common right to a share, with other co - owners, in the common areas of the property. Source: SL 1975, ch 270 , § 4.

Provisions shall be made for the recordation of the individual condominiums on subsequent resales, mortgages, and other encumbrances, as is done with all other real estate recordation. Source: SL 1975, ch 270 , § 5.

The register of deeds of the county recording any master deed or lease shall receive the sum of seventy-five dollars for the first fifty pages plus two dollars per page for each page or fraction thereof exceeding fifty pages. A master deed or lease shall be recorded in the same m…

For purposes of this chapter, the term "time - share" means the right to use and occupy a living unit, of which the use and occupancy right is divided among persons holding similar interests within that living unit according to a fixed or variable time schedule on a periodic basi…

No person may sell, convey, present for sale, or advertise any interest in a time - share project unless he complies with the provisions of this chapter. Source: SL 1983, ch 273 , § 2.

Any time - share project shall be registered annually with the Real Estate Commission. Source: SL 1983, ch 273 , § 3; SL 1986, ch 302 , § 95.

Application for initial registration under § 43-15B-3 shall be accompanied by a fee set by rule promulgated pursuant to chapter 1-26 not to exceed twenty - five dollars per unit. The total fee may not exceed one thousand dollars per time - share project. Source: SL 1983, ch 273 ,…

The Real Estate Commission may charge an inspection fee in the amount of seventy - five dollars per day for each day estimated to be consumed in the examination of the project, plus additional reasonable expenses, which shall be paid to the commission representative inspecting a …

The Real Estate Commission shall promulgate rules pursuant to chapter 1-26 to implement the provisions of this chapter. Source: SL 1983, ch 273 , § 6; SL 1986, ch 302 , § 98.

No person may offer to sell in this state any time - share project, or offer to sell outside the state any time - share in a time - share project located within this state without first registering the time - share project with the South Dakota Real Estate Commission. The sale or…

If a time - share project is not renewed by the date set by the commission by rule promulgated pursuant to chapter 1-26 the registration for such project is forfeited. A forfeited registration may be restored within ninety days upon payment of a registration fee set by the commis…

Each applicant for licensure and registration as a time share agent in this state shall submit to a state and federal criminal background investigation by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. Upon applicati…

The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. Source: CivC 1877, § 265; CL 1887, § 2781; RCivC 1903, § 288; RC 1919, § 358; SDC 1939, § 51.0701.

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care a…

An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. Source: CivC 1877, § 267; CL 1887, § 2783; RCivC 1903, § 290; RC 1919, § 360; SDC 1939, § 51.0704.