§ 43-25-1 Requisites for transfer of certain estates
§ 43-25-2 Conveyance of interest in property by owner out of possession
§ 43-25-3 Conclusiveness of grant of estate in real property–Exception
§ 43-25-4 Words of inheritance or succession not required to transfer fee in real property
§ 43-25-5 Warranty deed–Standard form
§ 43-25-6 Implied covenants and warranties in deed
§ 43-25-7 Quitclaim deed–Standard form
§ 43-25-8 Right, title, and interest conveyed by quitclaim deed–After-acquired title
§ 43-25-9 Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds
§ 43-25-10 Use of word “grant” in conveyance–Implied covenants, action to enforce
§ 43-25-11 Use of words “remise,” “release,” or “quitclaim” in conveyance–Implied covenants
§ 43-25-12 Prior unrecorded conveyance–Rights of purchaser in good faith
§ 43-25-13 Lineal and collateral warranties abolished–Exception
§ 43-25-14 Heirs and devisees answerable for covenant or agreement with reference to landreceived by descent or devise
§ 43-25-15 Presumption as to passing of fee simple title–Exception
§ 43-25-16 Condition precedent in grant of real property–Performance necessary to pass estate
§ 43-25-17 Subsequently acquired title passes by operation of law
§ 43-25-18 Grant made on condition subsequent defeated by nonperformance of condition
§ 43-25-18.1 Action describing land and conditions of conveyance–Statement of changedconditions which make it impossible or impractical to hold lands for public purpose
§ 43-25-18.2 Commencement and prosecution of action–Limitation
§ 43-25-18.3 Hearing–Sale of lands and reinvestment in other lands on court finding allegationsare true
§ 43-25-18.4 Title in fee simple free of conditions to purchaser of land
§ 43-25-18.5 Court authorized to place conditions on sale proceeds
§ 43-25-18.6 Inapplicability of provisions to severed mineral interests
§ 43-25-19 Encumbrances defined
§ 43-25-20 Corporate deeds and mortgages–Execution, assignment, and release by officers ofcorporation–Acknowledgment
§ 43-25-21 Corporate seal or acknowledgment as prima facie evidence of executing officer’sauthorization
§ 43-25-22 Mortgage or conveyance of real estate by unincorporated association–Adoption ofresolution, notice–Execution of instrument
§ 43-25-23 Recording of proceedings authorizing sale or mortgage of real estate byunincorporated association
§ 43-25-24 Conveyances by unincorporated association prior to 1979 validated–Presumption asto legal capacity–Vested rights protected
§ 43-25-25 Grant not invalidated by absence of seal of grantor or his agent
§ 43-25-26 Recording of grant of estate in real property–Acknowledgment or proof bysubscribing witness required
§ 43-25-27 Unrecorded instrument showing title to real property–Ownership–Passing with title
§ 43-25-28 Attornments of tenants unnecessary to grants of rents, reversions, or remainders
§ 43-25-29 Title passed by transfer of land bounded by highway
§ 43-25-30 Easements passed by transfer of real property to which they are attached
§ 43-25-31 Conveyances by owner for life or for years
§ 43-25-32 Reservation of power to revoke or modify instrument affecting estate in realproperty–Subsequent grant revokes original instrument
§ 43-25-33 Execution of power to revoke or modify instrument affecting estate in real property
§ 43-25-34 Instrument other than will affecting estate in real property–Effect of fraud
§ 43-25-35 Fraud does not avoid instrument affecting estate in real property in favor ofsubsequent purchaser or encumbrancer with notice–Exception
§ 43-25-36 Rights of good faith purchaser or encumbrancer protected against fraud
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 25 - Deeds and Conveyances

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fraud: Intentional deception resulting in injury to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • 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