South Dakota Statutes

§ 44-5-2 — Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.

South Dakota § 44-5-2
JurisdictionSouth Dakota
Title 44LIENS
Ch. 44-5EXTINGUISHMENT OF LIENS

This text of South Dakota § 44-5-2 (Voluntary restoration of property to owner by lien holder--Extinguishment of lien--Exception.) 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 § 44-5-2 (2026).

Text

The voluntary restoration of property to its owner by the holder of a lien thereon dependent upon possession extinguishes the lien as to such property unless otherwise agreed by the parties and extinguishes it, notwithstanding any such agreement, as to creditors of the owner and persons subsequently acquiring title to the property, or a lien thereon, in good faith and for a good consideration.

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Legislative History

CivC 1877, § 1721; CL 1887, § 4345; RCivC 1903, § 2041; RC 1919, § 1546; SDC 1939, § 39.0123.

Nearby Sections

15
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Bluebook (online)
South Dakota § 44-5-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/44-5-2.