South Dakota Statutes
§ 43-25-11 — Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.
South Dakota § 43-25-11
This text of South Dakota § 43-25-11 (Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.) 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 § 43-25-11 (2026).
Text
From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express terms contained in such conveyance:
(1)That previous to the time of the execution of such conveyance the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee; and (2) That such estate is at the time of the execution of such conveyance free from encumbrances made, done, or suffered by the grantor.
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Legislative History
SL 1909, ch 179, § 1; RC 1919, § 549; SDC 1939, § 51.1416.
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-25-11, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-25-11.