43-12-6. Apportionment of burden or benefit of covenant running with land between several titles.
Where several persons holding by several titles are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.
Source: CivC 1877, §826; CL 1887, §3450; RCivC 1903, §1143; RC 1919, §750; SDC 1939, §51.0428.
Structure South Dakota Codified Laws
Chapter 12 - Real Property Covenants
Section 43-12-1 - Covenants running with land defined.
Section 43-12-2 - Classification of covenants running with land.
Section 43-12-3 - Parties bound by covenants running with land.
Section 43-12-4 - Covenants running with land--Limitation to certain assigns.
Section 43-12-5 - Liability for breach of covenant running with land.