South Dakota Statutes

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

South Dakota·Title 43 PROPERTY·Ch. 43-11 REAL PROPERTY COVENANTS

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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