43-25-16. Condition precedent in grant of real property--Performance necessary to pass estate.
An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition.
Source: CivC 1877, §633, subdiv 3; CL 1887, §3254, subdiv 3; RCivC 1903, §947, subdiv 3; RC 1919, §555 (3); SDC 1939, §51.1414 (3).
Structure South Dakota Codified Laws
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 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.
Section 43-25-13 - Lineal and collateral warranties abolished--Exception.
Section 43-25-15 - Presumption as to passing of fee simple title--Exception.
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 43-25-18.2 - Commencement and prosecution of action--Limitation.
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 43-25-25 - Grant not invalidated by absence of seal of grantor or his agent.
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 43-25-34 - Instrument other than will affecting estate in real property--Effect of fraud.
Section 43-25-36 - Rights of good faith purchaser or encumbrancer protected against fraud.