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.

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Terms Used In South Dakota Codified Laws 43-25-17

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Source: CivC 1877, § 633, subdiv 4; CL 1887, § 3254, subdiv 4; RCivC 1903, § 947, subdiv 4; RC 1919, § 555 (4); SDC 1939, § 51.1414 (4).