South Dakota Statutes

§ 44-9-2 — Construction of improvements with knowledge of owner subjects land to lien--Exceptions.

South Dakota § 44-9-2
JurisdictionSouth Dakota
Title 44LIENS
Ch. 44-9MECHANICS' AND MATERIALMEN'S LIENS

This text of South Dakota § 44-9-2 (Construction of improvements with knowledge of owner subjects land to lien--Exceptions.) 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 § 44-9-2 (2026).

Text

When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, insofar as to subject their interests to the liens therefor; provided that as against a lessor no lien is given for repairs made by or at the instance of his lessee.

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Related

Action Mechanical, Inc. v. Deadwood Historic Preservation Commission
2002 SD 121 (South Dakota Supreme Court, 2002)
39 case citations
New Era Mining Co. v. Dakota Placers, Inc.
1999 SD 153 (South Dakota Supreme Court, 1999)
30 case citations
Amert Construction Co. v. Spielman
331 N.W.2d 307 (South Dakota Supreme Court, 1983)
7 case citations
Duffield Construction, Inc. v. Baldwin
2004 SD 51 (South Dakota Supreme Court, 2004)
6 case citations
Schubloom v. DONAVON AND ASSOCIATES, INC.
241 N.W.2d 710 (South Dakota Supreme Court, 1976)
4 case citations

Legislative History

SL 1913, ch 263, § 5; RC 1919, § 1647; SDC 1939, § 39.0706.

Nearby Sections

15
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Bluebook (online)
South Dakota § 44-9-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/44-9-2.