South Dakota Codified Laws 43-25-6. Implied covenants and warranties in deed
Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives,
(1) That he is lawfully seized of the premises in fee simple, and has good right to convey the same;
Terms Used In South Dakota Codified Laws 43-25-6
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Grantor: The person who establishes a trust and places property into it.
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
(2) That the premises are free from all encumbrances;
(3) That he warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession thereof; and
(4) That he will defend the title thereto against all persons who may lawfully claim the same.
Such covenants shall be obligatory upon any grantor, his heirs, and personal representatives, as fully and with like effect as if written at length in such deed.
Source: SL 1911, ch 257, § 1; RC 1919, § 542; SDC 1939, § 51.1403.