South Dakota § 21-2-6 Damages for breach of covenant against encumbrances.

South Dakota Statutes

§ 21-2-6 — Damages for breach of covenant against encumbrances.

South Dakota § 21-2-6

Title 21JUDICIAL REMEDIES

Ch. 21-2DAMAGES FOR BREACH OF CONTRACT

This text of South Dakota § 21-2-6 (Damages for breach of covenant against encumbrances.) 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 § 21-2-6 (2026).

Text

The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former case a proportion of the price paid to the grantor, equivalent to the relative value, at the time of the grant, of the property affected by the breach, as compared with the whole; or, in the latter case interest on a like amount.

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The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former case a proportion of the price paid to the grantor, equivalent to the relative value, at the time of the grant, of the property affected by the breach, as compared with the whole; or, in the latter case interest on a like amount.