Title 43 — PROPERTY

For the purposes of this chapter, the South Dakota state plane coordinate system is divided into zones established by the National Geodetic Survey as a component of the National Spatial Reference System. Each zone shall be uniquely and consistently defined within the South Dakota…

Source: SL 1947, ch 231 , § 1; SDC Supp 1960, § 18.0301; SL 2022, ch 163 , § 12.

Source: SL 1947, ch 231 , § 1; SDC Supp 1960, § 18.0301; SL 1983, ch 13 , § 6; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2022, ch 163 , § 13.

The South Dakota state plane coordinate system shall be named in any land description in which it is used, and the zone used shall be specified. Source: SL 1947, ch 231 , § 2; SDC Supp 1960, § 18.0302; SL 1988, ch 349 , § 3; SL 2022, ch 163 , § 3.

The official geodetic datums that geodetic coordinates, including latitude, longitude, ellipsoid height, orthometric height, or dynamic height, are referenced within this state, shall be defined for the National Spatial Reference System or its successor. Source: SL 1947, ch 231 ,…

43-22-9 Recordation of land description based on coordinate system--Limitation. 43-22-10 Use of terms on maps, reports of survey, or other documents--Limitation. 43-22-11 Description of land located in more than one zone. 43-22-12

The plane coordinate values of a point on the earth's surface, to be used to express the geographic position or location of such point in the appropriate zone of the South Dakota state plane coordinate system, consist of two distances, expressed in feet and decimals of a foot or …

No coordinates based on the South Dakota state plane coordinate system purporting to define the position of a point on a land boundary may be presented to be recorded in any plat, easement, exhibit, deed, certified corner records, or other document unless the coordinate or coordi…

Unless adjoining landowners otherwise agree, every owner of land shall be liable for one - half of the expense of erecting and maintaining a partition fence between his own and adjoining lands. However, no owner of land is liable for such expense if neither keeps livestock on the…

Any person who shall intentionally open, or leave open, let down, throw down, tear down, or prostrate any fence, gate, or bars, legally constructed, located, and lawfully maintained, which encloses a meadow, pasture, livestock range, or private other inclosure, is guilty of a Cla…

Unless otherwise agreed upon, if adjoining landowners are liable for one - half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 , each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands …

Any fence upon which owners of such adjoining lands may agree, shall be a legal fence. Source: SL 1909, ch 197 , § 3; RC 1919, § 10533; SDC 1939, § 19.0103 (1); SL 1949, ch 79 .

Where such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound wood posts at least six and one - half feet long and four inches in diameter, and firmly set at least two feet in the earth and not over thirty feet apart, or concrete po…

A legal fence for buffalo is the same as provided in § 43-23-4 , except as provided in this section. A legal fence for buffalo may use smooth wire rather than barbed wire. All posts shall be of sufficient length to provide for fifty - four inches above the surface, and one additi…

If any owner of any land who is liable for one - half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 neglects or refuses to so erect and maintain one - half of a legal fence on the lines separating his land from adjoining land, the owner of the…

If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in § 43-23-5 , the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil ac…

The delinquent owner shall not be required to build such partition fence at any season when the earth is frozen. Source: SL 1909, ch 197 , § 4; RC 1919, § 10534; SDC 1939, § 19.0104.

The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereon except taxes. Source: SL 1909, ch 197 , § 4; RC 1919, § 10534; SDC 1939, § 19.0104.

If adjoining owners of land have shared the expense of erecting and maintaining a partition fence pursuant to the provisions of this chapter, neither owner shall have the right as against the owner of the adjoining lands to remove the same or any part thereof, except for the purp…

For the purposes of §§ 43-23-1 to 43-23-9 , inclusive, any person who is in physical possession of real property, whether by fee, lease, conveyance, or other lawful means, has the same privileges and obligations as the owner of such property. If the person in physical possession …

This chapter shall not take effect and be in force in any township in this state where the average assessed valuation of agricultural or farmlands is less than thirty dollars per acre, unless a petition signed by at least ten percent of the legal freeholders of said civil townshi…

The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereupon except taxes. Source: SL 1917, ch 237 , § 4; RC 1919, § 10538; SDC 1939, § 19.0206.

So long as this chapter is operative in any civil township, its provisions shall supersede the provisions of §§ 43-23-1 to 43-23-9 , inclusive. Source: SL 1917, ch 237 , § 6; RC 1919, § 10540; SDC 1939, § 19.0202.

Every owner of land is bound to bear one - half of the expense of erecting and maintaining partition fences between his own and adjoining lands. Source: SL 1917, ch 237 , § 1; RC 1919, § 10535; SDC 1939, § 19.0204.

Unless otherwise agreed upon each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built. Source: SL 1917, ch 237 , § 2; RC 1919, § 10536; SDC …

Any fence upon which the owners of such adjoining lands may agree, shall be a legal fence. Source: SL 1917, ch 237 , § 3; RC 1919, § 10537 (1); SL 1921, ch 236 ; SDC 1939, § 19.0203 (1).

When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and one - half feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet ap…

If any owner of any land neglects or refuses to so erect and maintain one - half of a legal fence on the lines separating his land from adjoining land, the owner of the adjoining land may serve upon such delinquent owner a notice in writing, demanding that the delinquent owner sh…

If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in § 43-24-7 , the aggrieved owner of such adjoining land may erect or repair such partition fence, and may recover the cost of erecting or repairing t…

Such delinquent owner shall not be required to erect such partition fence at any season when the earth is frozen. Source: SL 1917, ch 237 , § 4; RC 1919, § 10538; SDC 1939, § 19.0206.

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. Source: CivC…

From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied unless restrained …

From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express ter…

Any person holding real estate or any interest therein under a conveyance in the terms of § 43-25-11 shall be deemed a purchaser in good faith and for a valuable consideration, unless such person at the time of the execution and delivery of such conveyance shall have had actual n…

Lineal and collateral warranties, with all their incidents, are abolished, except as provided by §§ 43-25-14 to 43-25-19 , inclusive. Source: CivC 1877, § 633; CL 1887, § 3254; RCivC 1903, § 947; RC 1919, § 555; SDC 1939, § 51.1414.

The heirs and devisees of any person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed …

A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended. Source: CivC 1877, § 633, subdiv 2; CL 1887, § 3254, subdiv 2; RCivC 1903, § 947, subdiv 2; RC 1919, § 555 (2); SDC 1939, § 51.141…

An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition. Source: CivC 1877, § 633, subdiv 3; CL 1887, § 3254, subdiv 3; RCivC 1903, § 947, subdiv 3; RC 1919, § 555 (3); SDC 1939, § 5…

Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title or claim of title thereto, the same passes by operation of law to the grantee or his successors. Source: CivC 1877, § 633, subdiv 4; CL 1887, § 3254, subdiv 4; R…

Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record. Source: …

Notwithstanding the provisions of §§ 43-25-18 and 43-30-12 , whenever any real property is, heretofore or hereafter, conveyed by any grant or devise to be held or used for any religious, educational, charitable, benevolent, or public purpose, with a condition subsequent annexed i…

In any action provided for in § 43-25-18.1 , the heirs of the grantor, reversionary interest holder, or devisor, if known, shall be named as defendants and the action shall be commenced and prosecuted as provided for by existing law for actions against known defendants. If the na…

If, upon the hearing, it appears to the satisfaction of the court that the allegations in the action are true and that because of changed conditions or circumstances since the execution of such conveyance it is impossible or impractical to continue to hold or use the lands for th…

No sale of lands under the decree of the court pursuant to §§ 43-25-18.1 to 43-25-18.6 , inclusive, defeats the estate of the grantee named in the original conveyance because of the failure to continue to hold or use the land for the purpose named in such conveyance and is suffic…

As part of the decree or judgment entered in any action commenced under §§ 43-25-18.1 to 43-25-18.6 , inclusive, the court may require that the real property be sold and that the proceeds from the sale be used for similar religious, educational, charitable, benevolent, or public …

Nothing in §§ 43-25-18.1 to 43-25-18.6 , inclusive, applies to severed mineral interests. Source: SL 2005, ch 232 , § 6.

The term "encumbrances" includes taxes, assessments, and all liens upon real property. Source: CivC 1877, § 633, subdiv 6; CL 1887, § 3254, subdiv 6; RCivC 1903, § 947, subdiv 6; RC 1919, § 555 (6); SDC 1939, § 51.1414 (6).

Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same in as full and compl…

Any officer of a corporation, authorized by the charter or articles of incorporation, the bylaws, or the consent of the stockholders or of the board of directors of such corporation, may execute deeds, mortgages, assignments of mortgage, releases of mortgage, and all other instru…

The corporate seal of any corporation attached to a deed, mortgage, assignment of mortgage, release of mortgage, or other instrument executed and acknowledged by any officer of such corporation is prima facie evidence that such officer was duly authorized to execute such instrume…