South Dakota § 21-2-5 Damages for breach of covenant in grant of real property.

South Dakota Statutes

§ 21-2-5 — Damages for breach of covenant in grant of real property.

South Dakota § 21-2-5

Title 21JUDICIAL REMEDIES

Ch. 21-2DAMAGES FOR BREACH OF CONTRACT

This text of South Dakota § 21-2-5 (Damages for breach of covenant in grant of real property.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-2-5 (2026).

Text

The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:

(1)The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore, at the time of the grant, to the value of the whole property;

(2)Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years;

(3)Any expenses properly incurred by the covenantee in defending his possession.

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The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be: (1) The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore, at the time of the grant, to the value of the whole property; (2) Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years; (3) Any expenses properly incurred by the covenantee in defending his possession.