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·Title 21 JUDICIAL REMEDIES·Ch. 21-2 DAMAGES FOR BREACH OF CONTRACT

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

South Dakota § 21-2-5 (Damages for breach of covenant in grant of real property.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.