South Dakota Codified Laws
Chapter 04 - Transfer Of Property
Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.

43-4-8. Absolute delivery of grant required--Conditional delivery ineffective.
A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute; and the instrument takes effect thereupon discharged of any condition on which the delivery was made.

Source: CivC 1877, §608; CL 1887, §3231; RCivC 1903, §924; RC 1919, §526; SDC 1939, §51.1305.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 04 - Transfer Of Property

Section 43-4-1 - Transfer of property defined.

Section 43-4-2 - Property subject to transfer--Rights of trustee, conservator, or personal representative.

Section 43-4-3 - Property not subject to transfer.

Section 43-4-4 - Voluntary transfer of property defined.

Section 43-4-5 - Transfer without writing where not required by statute.

Section 43-4-6 - Transfer in writing a grant.

Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.

Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.

Section 43-4-9 - Constructive delivery of grant--Agreement of parties.

Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.

Section 43-4-11 - Escrow delivery of grant.

Section 43-4-12 - Redelivery of grant does not transfer title.

Section 43-4-13 - Grant interpreted as contract.

Section 43-4-14 - Construction of grant--Limitations--Operative words.

Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.

Section 43-4-16 - Grantee favored in interpretation of grant--Exception.

Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.

Section 43-4-20 - Definition of terms.

Section 43-4-21 - Imposition and amount of real estate transfer fee.

Section 43-4-22 - Exemptions from real estate transfer fee.

Section 43-4-23 - Exempt transfers to be marked.

Section 43-4-24 - Collection of real estate transfer fee by register--Amount indicated on face of deed.

Section 43-4-25 - Disposition of proceeds of real estate transfer fee collections--Records of register.

Section 43-4-26 - Falsification of value of real estate or false claim of exemption as misdemeanor.

Section 43-4-27 - Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes--Appreciation or depreciation in value considered.

Section 43-4-28 - Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.

Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.

Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.

Section 43-4-39 - Terminating written offer made prior to disclosure statement.

Section 43-4-40 - Liability for defect disclosed in statement.

Section 43-4-41 - Good faith disclosure required.

Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.

Section 43-4-43 - Application of disclosure statement requirements.

Section 43-4-44 - Property condition disclosure statement.

Section 43-4-46 - Transfer defined.

Section 43-4-47 - Private transfer fee defined.

Section 43-4-48 - Private transfer fee obligation defined.

Section 43-4-49 - Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.

Section 43-4-50 - Liability for private transfer fee obligations recorded or entered into after June 30, 2011.

Section 43-4-51 - Disclosure of private transfer fee obligations.

Section 43-4-52 - Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.

Section 43-4-53 - Amendment to notice of transfer fee.

Section 43-4-54 - Effect of failure to record notice of private transfer fee obligation.

Section 43-4-55 - Effect of failure to provide written statement of private transfer fee payable within thirty days of request.

Section 43-4-56 - Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.

Section 43-4-57 - Recorded affidavit constitutes prima facie evidence of stated facts.