South Dakota Codified Laws
Chapter 26 - Real Estate Sale Contracts
Section 43-26-4 - Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.

43-26-4. Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.
Where the incident of survivorship exists in the title to real estate the subsequent execution of a contract for sale by all of the joint tenants shall not destroy the incident of survivorship unless expressly provided.
The provisions of this section shall also be applicable to agreements heretofore executed.

Source: SL 1966, ch 154; SL 1969, ch 196.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 26 - Real Estate Sale Contracts

Section 43-26-1 - Agreement to sell real property binds seller.

Section 43-26-2 - Agreement by seller of real property to give usual covenants--Delivery and form of warranty deed.

Section 43-26-3 - Substance of usual covenants under agreement to sell real property where standard form of deed not delivered.

Section 43-26-4 - Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.

Section 43-26-5 - Rights and duties of parties as to risk of loss under contract.

Section 43-26-7 - Transfer of subject matter of contract for purchase and sale of realty--Destruction without fault of vendor--Taking by eminent domain--Payment of purchase price.

Section 43-26-8 - Interpretation and construction of risk of loss provisions.

Section 43-26-9 - Prepayment privilege implied in real estate contract.