§ 44-9-1 Persons entitled to lien–Property affected–Extent of lien–Exceptions
§ 44-9-2 Construction of improvements with knowledge of owner subjects land to lien–Exceptions
§ 44-9-3 Vendee authorized to improve land sold under executory contract–Forfeiture orsurrender of contract after attachment of liens for improvements–Liability of vendor
§ 44-9-4 Improvement not authorized by owner of land–Notice of nonliability
§ 44-9-5 Homestead right–Lien does not affect exemption
§ 44-9-6 Contribution under contract with owner–Agreed price–Extent of lien
§ 44-9-6.1 Interest on amounts secured by liens
§ 44-9-7 Attachment and taking effect of lien–Preference over other encumbrances
§ 44-9-8 Attachment of lien–Protection of bona fide purchaser, mortgagee, or encumbrancer–Notice of lien for improvements thereafter made
§ 44-9-9 Concurrent liens upon mine or mining claim, oil or gas well or spring–Pro ratapayment
§ 44-9-10 Materials or services furnished to contractor–Lien account and notice of claimfurnished to owner–Withholding of payments from contractor to protect lienclaimants
§ 44-9-11 Lien account and notice of claim–Service on owner of property–Copy furnished tocontractor–Assent of contractor to claim–Payment by owner–Deduction fromamount due contractor
§ 44-9-12 Amount due from contractor to creditor–Recovery from owner
§ 44-9-13 Misappropriation of funds by contractor, subcontractor, or supplier–Theft
§ 44-9-14 Demand of owner for lien accounts–Service on persons claiming liens–Ownerdefined
§ 44-9-15 Lien ceases without filing of required lien statement–Place of filing of statement
§ 44-9-16 Lien statement by lien claimant–Verification–Contents
§ 44-9-17 Lien statement by lien claimant–Mailing of copy to property owner conditionprecedent to filing–Post office receipt attached to statement
§ 44-9-18 Lien statement by lien claimant–Duties of register of deeds–Filing in numericalorder–Contents of record–Entry upon mortgage or lien index
§ 44-9-19 Fees for the filing, indexing or assignment of liens
§ 44-9-20 Claims against two or more buildings or improvements–Exception forcondominiums–General contract with owner–Election of lien claimant
§ 44-9-21 Manner of satisfying liens–Execution and delivery of satisfaction to owner ofproperty–Contents–Acknowledgment–Record of satisfaction–Cancellation of lien
§ 44-9-22 Neglect of lien holder to satisfy lien on demand–Damages–Attorney fees–Additional penalty
§ 44-9-23 Enforcement of lien–Venue of action–Commencement and conduct of proceedings
§ 44-9-24 Six-year limitation to enforce lien–Cancellation of expired lien
§ 44-9-25 Parties to action to foreclose lien–Admission of lien holder not named as defendant–Joinder of plaintiffs
§ 44-9-26 Forfeiture of lien for failure to commence suit upon demand–Cancellation by registerof deeds
§ 44-9-27 Action to enforce lien–Commencement–Issuance of summons–Filing of complaint
§ 44-9-28 Notice of pendency of action to enforce lien–Necessity for filing–Intervention ofother lien claimants
§ 44-9-29 Enforcement of lien–Application to make all interested persons parties–Order ofcourt, publication–Rights barred by failure to appear and assert claim
§ 44-9-30 Consolidations of actions for foreclosure of liens upon same property–Order ofcourt–Rights of parties protected
§ 44-9-31 Pleadings in action to foreclose lien–Bill of particulars to be attached, verification–Further account may be required by court–Pleading stricken and claim disallowedfor failure
§ 44-9-32 Pleadings in action to foreclose lien–Denial of averments of answer
§ 44-9-33 Foreclosure of liens–Applicability of laws governing civil procedure–Exception
§ 44-9-34 Foreclosure of liens–Appointment of receiver on request of majority of lien holders,parties to action
§ 44-9-35 Foreclosure of liens involving public utility–Receivership created instead ofdirecting sale of property
§ 44-9-36 Receiver appointed in foreclosure proceeding–Issuance of certificates for chargesnecessary to protect property as provided in judgment
§ 44-9-37 Compensation of receiver fixed by court
§ 44-9-38 General power of court to appoint receiver not abridged
§ 44-9-39 Postponement of trial of foreclosure action–Omitted parties–Lien claim not due–Allowance of present worth of claim
§ 44-9-40 Judgment for lien holder–Amount demanded and proved–Costs fixed by court–Excluded from lien of other property
§ 44-9-41 Foreclosure of lien–Taxation of costs–Sum allowed for preparation and filing of lienstatement and account
§ 44-9-42 Foreclosure of lien–Allowance of fees and expenses, attorneys, receivers, exception
§ 44-9-43 Payment of judgment by lien holder personally indebted for amount of lien–Subrogation to rights of person so paid
§ 44-9-44 Judgment of sale to satisfy all liens–Manner of sale–Rights of persons which areparamount to liens–Proceeds of sale, distribution by officer making sale
§ 44-9-45 Judgment of sale to satisfy all liens–Right of redemption–Leasehold having notmore than two years to run–Interest of vendee under executory contract of sale
§ 44-9-46 Sale of improvements to satisfy all liens–Severance and removal from land
§ 44-9-47 Judgment and sale to satisfy all liens–Necessity for report to and confirmation bycourt
§ 44-9-48 Judgment and sale to satisfy all liens–Sale not confirmed by court–Resale–Receiverto handle property
§ 44-9-49 Failure to comply with chapter does not affect right of person to recover, in civilaction, from party with whom he contracted
§ 44-9-50 Notice of project commencement–Time of filing–Fees–Register of deeds tomaintain index
§ 44-9-51 Contractor’s name and address and location notice to be posted–Contents of locationnotice
§ 44-9-52 Notice of project commencement does not affect title, liens allowable, or mortgage
§ 44-9-53 Notice of furnishing labor or materials required before lien extended–Noticerecipients–Time for filing–Contents of notice–Exemption
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Terms Used In South Dakota Codified Laws > Title 44 > Chapter 9 - Mechanics' and Materialmen's Liens

  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • 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.
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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