South Dakota Codified Laws
Chapter 25 - Deeds And Conveyances
Section 43-25-1 - Requisites for transfer of certain estates.

43-25-1. Requisites for transfer of certain estates.
An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.

Source: CivC 1877, §622; CL 1887, §3245; RCivC 1903, §938; RC 1919, §540; SDC 1939, §51.1401.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 25 - Deeds And Conveyances

Section 43-25-1 - Requisites for transfer of certain estates.

Section 43-25-2 - Conveyance of interest in property by owner out of possession.

Section 43-25-3 - Conclusiveness of grant of estate in real property--Exception.

Section 43-25-4 - Words of inheritance or succession not required to transfer fee in real property.

Section 43-25-5 - Warranty deed--Standard form.

Section 43-25-6 - Implied covenants and warranties in deed.

Section 43-25-7 - Quitclaim deed--Standard form.

Section 43-25-8 - Right, title, and interest conveyed by quitclaim deed--After-acquired title.

Section 43-25-9 - Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.

Section 43-25-10 - Use of word "grant" in conveyance--Implied covenants, action to enforce.

Section 43-25-11 - Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.

Section 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.

Section 43-25-13 - Lineal and collateral warranties abolished--Exception.

Section 43-25-14 - Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise.

Section 43-25-15 - Presumption as to passing of fee simple title--Exception.

Section 43-25-16 - Condition precedent in grant of real property--Performance necessary to pass estate.

Section 43-25-17 - Subsequently acquired title passes by operation of law.

Section 43-25-18 - Grant made on condition subsequent defeated by nonperformance of condition.

Section 43-25-18.1 - Action describing land and conditions of conveyance--Statement of changed conditions which make it impossible or impractical to hold lands for public purpose.

Section 43-25-18.2 - Commencement and prosecution of action--Limitation.

Section 43-25-18.3 - Hearing--Sale of lands and reinvestment in other lands on court finding allegations are true.

Section 43-25-18.4 - Title in fee simple free of conditions to purchaser of land.

Section 43-25-18.5 - Court authorized to place conditions on sale proceeds.

Section 43-25-18.6 - Inapplicability of provisions to severed mineral interests.

Section 43-25-19 - Encumbrances defined.

Section 43-25-20 - Corporate deeds and mortgages--Execution, assignment, and release by officers of corporation--Acknowledgment.

Section 43-25-21 - Corporate seal or acknowledgment as prima facie evidence of executing officer's authorization.

Section 43-25-22 - Mortgage or conveyance of real estate by unincorporated association--Adoption of resolution, notice--Execution of instrument.

Section 43-25-23 - Recording of proceedings authorizing sale or mortgage of real estate by unincorporated association.

Section 43-25-24 - Conveyances by unincorporated association prior to 1979 validated--Presumption as to legal capacity--Vested rights protected.

Section 43-25-25 - Grant not invalidated by absence of seal of grantor or his agent.

Section 43-25-26 - Recording of grant of estate in real property--Acknowledgment or proof by subscribing witness required.

Section 43-25-27 - Unrecorded instrument showing title to real property--Ownership--Passing with title.

Section 43-25-28 - Attornments of tenants unnecessary to grants of rents, reversions, or remainders.

Section 43-25-29 - Title passed by transfer of land bounded by highway.

Section 43-25-30 - Easements passed by transfer of real property to which they are attached.

Section 43-25-31 - Conveyances by owner for life or for years.

Section 43-25-32 - Reservation of power to revoke or modify instrument affecting estate in real property--Subsequent grant revokes original instrument.

Section 43-25-33 - Execution of power to revoke or modify instrument affecting estate in real property.

Section 43-25-34 - Instrument other than will affecting estate in real property--Effect of fraud.

Section 43-25-35 - Fraud does not avoid instrument affecting estate in real property in favor of subsequent purchaser or encumbrancer with notice--Exception.

Section 43-25-36 - Rights of good faith purchaser or encumbrancer protected against fraud.