§ 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 contingentinterests
§ 21-45-7 Lis pendens notice required–Constructive notice
§ 21-45-8 Lien holders and encumbrancers of record joined by order of court–Referee todetermine 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 or title insurance policy–Notice of availability–Custody andinspection–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 athearing
§ 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–Filingof 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–Orderdirecting conveyance to highest bidder
§ 21-45-45 Confirmation ex parte when no exceptions or higher bids filed–Order forconveyance
§ 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

Terms Used In South Dakota Codified Laws > Title 21 > Chapter 45 - Partition and Sale of Real Estate

  • 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.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Devise: To gift property by will.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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