South Dakota Statutes

§ 43-25-6 — Implied covenants and warranties in deed.

South Dakota·Title 43 PROPERTY·Ch. 43-25 DEEDS AND CONVEYANCES

Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives, (1) That he is lawfully seized of the premises in fee simple, and has good right to convey the same;

(2)That the premises are free from all encumbrances;
(3)That he warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession thereof; and (4) That he will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, his heirs, and personal representatives, as fully and with like effect as if written at length in such deed.

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Related

Meyerink v. Northwestern Public Service Co.
391 N.W.2d 180 (South Dakota Supreme Court, 1986)
84 case citations
Estate of Fisher v. Fisher
2002 SD 62 (South Dakota Supreme Court, 2002)
20 case citations
Estate of Fischer v. Fischer
2002 SD 62 (South Dakota Supreme Court, 2002)

Legislative History

SL 1911, ch 257, § 1; RC 1919, § 542; SDC 1939, § 51.1403.

Nearby Sections

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