South Dakota Statutes

§ 43-12-2 — Classification of covenants running with land.

South Dakota § 43-12-2
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-11REAL PROPERTY COVENANTS

This text of South Dakota § 43-12-2 (Classification of covenants running with land.) 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 § 43-12-2 (2026).

Text

The only covenants which run with the land are:

(1)Those made for the direct benefit of the property or some part of it, then in existence;
(2)Covenants of warranty for quiet enjoyment or for further assurance, on the part of the grantor;
(3)Covenants for the payment of rent or of taxes or assessments upon the land, on the part of a grantee; and (4) All covenants incidental to any of the foregoing covenants.

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Related

Prairie Hills Water & Development Co. v. Gross
2002 SD 133 (South Dakota Supreme Court, 2002)
11 case citations
Hyde v. Liebelt
391 N.W.2d 186 (South Dakota Supreme Court, 1986)
3 case citations

Legislative History

CivC 1877, §§ 820 to 822; CL 1887, §§ 3444 to 3446; RCivC 1903, §§ 1137 to 1139; RC 1919, §§ 744 to 746; SDC 1939, § 51.0424.

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Bluebook (online)
South Dakota § 43-12-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-12-2.