South Dakota Statutes
§ 21-45-1 — Property subject to partition or sale--Persons entitled to bring action.
South Dakota § 21-45-1
This text of South Dakota § 21-45-1 (Property subject to partition or sale--Persons entitled to bring action.) 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 § 21-45-1 (2026).
Text
When several cotenants hold and are in possession of real property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appear that a partition cannot be made without great prejudice to the owners.
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Related
Braaten v. Braaten
278 N.W.2d 448 (South Dakota Supreme Court, 1979)
Wisner v. Pavlin
2006 SD 64 (South Dakota Supreme Court, 2006)
Legislative History
CCivP 1877, § 548; CL 1887, § 5362; RCCivP 1903, § 587; RC 1919, § 2798; SDC 1939 & Supp 1960, § 37.1401.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-45-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-45-1.