21-51-1. Limitation of actions on real property contract--Contract void after fifteen years.
An action upon a contract or bond for the purchase or sale of real property, or for the recovery of the consideration payable thereunder must be commenced within fifteen years after the cause of action shall have accrued, or within fifteen years after the last payment thereunder shall have become due and payable, and, if not so commenced, such action shall be forever barred, and such contract or bond shall become null and void and if there be no conveyance of record from the vendor or his successor in interest to the purchaser or his successor in interest, such contract or bond shall be conclusively presumed to have been terminated, and such contract or bond shall cease to be notice of any rights of the purchaser and said period of fifteen years shall not be extended by nonresidence, legal disability or partial payment. This section shall apply to all such contracts or bonds affecting real estate in this state, both those heretofore executed and those hereafter executed.
Source: SL 1920 (SS), ch 67, §1; SDC 1939, §37.0902; SL 1957, ch 192.
Structure South Dakota Codified Laws
Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts
Section 21-51-3 - Petition or complaint for discharge of record--Contents and allegations required.
Section 21-51-4 - Joinder of two or more applications for discharge.
Section 21-51-5 - Signature and verification of petition or complaint.
Section 21-51-6 - Order fixing time for hearing on petition or complaint--Notice.
Section 21-51-7 - Publication and posting of notice of hearing.
Section 21-51-8 - Proof required on hearing--Objections to relief requested.
Section 21-51-9 - Judgment discharging instrument and record--Contents and effect of judgment.
Section 21-51-10 - Recording of judgment--Effect as discharge.
Section 21-51-11 - Remedy not exclusive.
Section 21-51-12 - Removal of counterfeit lien--Filing of action.
Section 21-51-13 - Counterfeit document--Vacation of judgment.