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Partition of Real Estate

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South Dakota Laws > Title 21 > Chapter 45 - Partition And Sale Of Real Estate

^{Current as of: 2010}

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§ 21-45-1	Property subject to partition or sale--Persons entitled to bring action
§ 21-45-2	Consent by conservator to partition without action
§ 21-45-3	Persons to whom summons directed--General direction to unknown persons
§ 21-45-4	Grantees and lien holders need not be joined unless claim recorded
§ 21-45-5	Service of summons--Description included when served by publication
§ 21-45-6	Interests of parties set forth in complaint--Allegations as to unknown and contingent interests
§ 21-45-7	Lis pendens notice required--Constructive notice
§ 21-45-8	Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances
§ 21-45-9	Notice to lien holders to appear before referee--Service of notice--Report of referee
§ 21-45-10	Validation of prior appearances by personal representatives
§ 21-45-11	Contents of answer
§ 21-45-12	Trial and determination of rights of parties in property--Rights of unknown persons
§ 21-45-13	Abstract of title required--Notice of availability--Custody and inspection--Allowance as costs
§ 21-45-14	Interest allowed on disbursements directed by court
§ 21-45-15	Order directing partition of property--Referees appointed
§ 21-45-16	Partition by original cotenancies--Further partition or cotenancy
§ 21-45-17	Partition according to respective rights of parties--Surveys and landmarks
§ 21-45-18	Road or street set aside before partition or sale
§ 21-45-19	Unequal division with compensatory payments between parties
§ 21-45-20	Report of referees on partition made
§ 21-45-21	Expenses and fees apportioned among parties
§ 21-45-22	Court action on referees' report--Appointment of new referees
§ 21-45-23	Judgment of partition--Persons bound by judgment
§ 21-45-24	Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties
§ 21-45-25	Tenants for years not affected by judgment
§ 21-45-26	Judgment survives death of party
§ 21-45-27	Lien on undivided interest chargeable to share allocated--Partition costs preferred
§ 21-45-28	Sale ordered when partition not practical--Appointment of referees
§ 21-45-29	Estate for life or years set off in part of property not sold
§ 21-45-30	Sale at public auction to highest bidder--Publication of notice of sale
§ 21-45-31	Order for sale at site of property--Reservation of power to receive higher bid at hearing
§ 21-45-32	Credit terms ordered by court and announced at sale--Separate sale of distinct tracts
§ 21-45-33	Referees and conservators disqualified from purchasing at sale
§ 21-45-34	Purchase by cotenant or lien holder
§ 21-45-35	Payment to guardian of proceeds of sale
§ 21-45-36	Undertaking required of conservator receiving proceeds of sale
§ 21-45-37	Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt
§ 21-45-38	Separate securities taken in names of parties by referees
§ 21-45-39	Distribution by referees of proceeds of sale--Payment into court
§ 21-45-40	Clerk of courts to take and hold security and investment of proceeds
§ 21-45-41	Report of sale filed with clerk of courts--Contents
§ 21-45-42	Exceptions to return of sale--Order fixing time and place for hearing
§ 21-45-43	Higher and better bid filed before confirmation of sale
§ 21-45-44	Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder
§ 21-45-45	Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance
§ 21-45-46	Sale valid from time of confirmation--Recording of certified copy of order
§ 21-45-47	Validation of prior proceedings in which sales confirmed--Rights barred by no action
§ 21-45-48	Recording of conveyance--Persons barred by recorded conveyance
§ 21-45-49	Disposition of proceeds directed by order confirming sale
§ 21-45-50	Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony
§ 21-45-51	Application of proceeds of sale of encumbered property
§ 21-45-52	Lien holder required to resort to other secured property
§ 21-45-53	Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant
§ 21-45-54	Compensation for future estate--Payment or investment of compensatory share
§ 21-45-55	Investment of proceeds of sale for unknown or nonresident owner
§ 21-45-56	Receipt and deposit by clerk of courts of securities and investments for parties--Accounting

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Questions & Answers: Partition of Real Estate

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