South Dakota Statutes
§ 43-25-34 — Instrument other than will affecting estate in real property--Effect of fraud.
South Dakota § 43-25-34
This text of South Dakota § 43-25-34 (Instrument other than will affecting estate in real property--Effect of fraud.) 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 § 43-25-34 (2026).
Text
Every instrument other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.
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Related
Kehn v. Hoeksema
524 N.W.2d 879 (South Dakota Supreme Court, 1994)
Legislative History
CivC 1877, § 676; CL 1887, § 3298; RCivC 1903, § 991; RC 1919, § 597; SDC 1939, § 51.1406.
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Repealed§ 43-11-10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 § 43-25-34, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-25-34.