South Dakota Statutes
§ 44-9-7 — Attachment and taking effect of lien--Preference over other encumbrances.
South Dakota § 44-9-7
This text of South Dakota § 44-9-7 (Attachment and taking effect of lien--Preference over other encumbrances.) 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 § 44-9-7 (2026).
Text
Such lien as against the owner of the property shall attach and take effect from the time the first item of material or labor is furnished upon the premises by the lien claimant, and shall be preferred to any mortgage or other encumbrance not then of record, unless the lien holder had actual notice thereof.
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Related
Sepco, Inc. v. Valley State Bank (In Re Sepco, Inc.)
36 B.R. 279 (D. South Dakota, 1984)
Johnson v. Kirkwood, Inc.
306 N.W.2d 640 (South Dakota Supreme Court, 1981)
Craig v. Swann (In Re Swann)
141 B.R. 678 (D. South Dakota, 1992)
Nickolas Joseph Clarey and Darci Jean Clarey
(D. South Dakota, 2024)
Legislative History
SL 1913, ch 263, § 4; SL 1917, ch 295, § 1; RC 1919, § 1646; SDC 1939, § 39.0707; SL 1982, ch 301.
Nearby Sections
15
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Bluebook (online)
South Dakota § 44-9-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/44-9-7.