43-5-2. Future interests suspending absolute power of alienation beyond prescribed limitation void.
Every future interest is void which suspends the absolute power of alienation for a longer period than is prescribed in this code. A power of alienation is suspended when there are no persons in being by whom an absolute interest in possession can be conveyed.
Source: CivC 1877, §202; CL 1887, §2718; RCivC 1903, §225; RC 1919, §295; SDC 1939, §51.0232; SL 1983, ch 304, §7.
Structure South Dakota Codified Laws
Chapter 05 - Restraints On Alienation Of Property
Section 43-5-1 - Absolute power of alienation--Suspension--Limitation.
Section 43-5-3 - Term of years--Suspension of absolute ownership.
Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation.
Section 43-5-5 - Computation of period for interest or trust created under power of appointment.
Section 43-5-6 - Distribution according to intent of creator.
Section 43-5-7 - Exempt transfers.
Section 43-5-8 - Rule against perpetuities not in force.
Section 43-5-9 - Limitation of actions to void existing instruments.