43-25-6. Implied covenants and warranties in deed.
Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives,
(1)That he is lawfully seized of the premises in fee simple, and has good right to convey the same;
(2)That the premises are free from all encumbrances;
(3)That he warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession thereof; and
(4)That he will defend the title thereto against all persons who may lawfully claim the same.
Such covenants shall be obligatory upon any grantor, his heirs, and personal representatives, as fully and with like effect as if written at length in such deed.
Source: SL 1911, ch 257, §1; RC 1919, §542; SDC 1939, §51.1403.
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.