Title 43 - PROPERTY
- Chapter 01 - General Provisions And Classes Of Property
- Section 43-1-1 - Property defined.
- Section 43-1-2 - Classes of property.
- Section 43-1-3 - Real and personal property distinguished.
- Section 43-1-4 - Land as solid material of earth.
- Section 43-1-5 - Appurtenant to land defined--Mining machinery and equipment.
- Section 43-1-6 - Law governing real property.
- Chapter 02 - Ownership Of Property
- Section 43-2-1 - Ownership defined.
- Section 43-2-10 - Sole ownership of property.
- Section 43-2-11 - Ownership of property by several persons.
- Section 43-2-12 - Joint tenancy interest--Title created by will or transfer.
- Section 43-2-13 - Conveyance of interest in property to spouse--Joint tenancy created.
- Section 43-2-14 - Conveyance to two or more grantees creating joint tenancy.
- Section 43-2-15 - Partnership interest defined.
- Section 43-2-16 - Interest in common defined.
- Section 43-2-2 - Property and rights subject to ownership.
- Section 43-2-3 - Wild animals subject to ownership.
- Section 43-2-4 - Absolute or qualified ownership of property.
- Section 43-2-5 - Absolute ownership of property defined.
- Section 43-2-6 - Qualified ownership of property defined.
- Section 43-2-7 - Public or private ownership of property--State as private proprietor.
- Section 43-2-8 - Property owned by state.
- Section 43-2-9 - Right of individual to take, hold, and dispose of property.
- Chapter 02A - Alien Ownership Of Agricultural Land
- Section 43-2A-1 - "Agricultural land" defined.
- Section 43-2A-2 - Maximum alien ownership of agricultural land--Exceptions.
- Section 43-2A-3 - Agricultural land acquired by devise or descent--Time to alienate title.
- Section 43-2A-4 - Aliens acquiring agricultural land by process of law--Time to alienate title.
- Section 43-2A-5 - Nonresident alien becoming bona fide resident--Right to acquire agricultural land.
- Section 43-2A-6 - Agricultural land acquired or held in violation of act--Forfeiture to state.
- Section 43-2A-7 - Reports monitored by Department of Agriculture.
- Chapter 03 - Present And Future Interests In Property
- Section 43-3-1 - Duration of enjoyment of property--Conditional enjoyment.
- Section 43-3-10 - Vested future interest defined.
- Section 43-3-11 - Contingent future interest defined.
- Section 43-3-12 - Improbability of contingency does not invalidate future interest.
- Section 43-3-13 - Creation of future interests to take effect in the alternative.
- Section 43-3-14 - Limitation of future interest to successors, heirs, issue, or children--Rights ofposthumous children.
- Section 43-3-15 - Effect of limitation of future interest by grant to take effect on death without issue.
- Section 43-3-16 - Birth of posthumous child terminates future interest depending on death withoutsuccessors under certain circumstances.
- Section 43-3-17 - Creator of future interest may provide for its termination.
- Section 43-3-18 - Future interest unaffected by act of owner of intermediate or precedent interest.
- Section 43-3-19 - Future interest not defeated by determination of precedent interest.
- Section 43-3-2 - Effect of conditions precedent or subsequent.
- Section 43-3-20 - Conveyance of future interest.
- Section 43-3-3 - Validity of condition precedent requiring performance of wrongful or unlawful act.
- Section 43-3-4 - Validity of conditions imposing restraints upon marriage.
- Section 43-3-5 - Conditions restraining alienation--Effect of repugnancy.
- Section 43-3-6 - Mere possibility does not constitute an interest in property.
- Section 43-3-7 - Present or future interest--Time of enjoyment--Right to possession of property.
- Section 43-3-8 - Limitation, condition, or interest--Time of creation.
- Section 43-3-9 - Future interest vested or contingent.
- Chapter 04 - Transfer Of Property
- Section 43-4-1 - Transfer of property defined.
- Section 43-4-10 - Constructive delivery of grant to stranger for benefit of grantee.
- Section 43-4-11 - Escrow delivery of grant.
- Section 43-4-12 - Redelivery of grant does not transfer title.
- Section 43-4-13 - Grant interpreted as contract.
- Section 43-4-14 - Construction of grant--Limitations--Operative words.
- Section 43-4-15 - Irreconcilable parts of grant--Prevailing part.
- Section 43-4-16 - Grantee favored in interpretation of grant--Exception.
- Section 43-4-17 - Title transferred--Intention of parties.
- Section 43-4-18 - Incidents included with thing transferred.
- Section 43-4-19 - Transfer of present interest and benefit of condition or covenant.
- Section 43-4-2 - Property subject to transfer--Rights of trustee, conservator, or personalrepresentative.
- Section 43-4-20 - Definition of terms.
- Section 43-4-21 - Imposition and amount of real estate transfer fee.
- Section 43-4-22 - Exemptions from real estate transfer fee.
- Section 43-4-23 - Exempt transfers to be marked.
- Section 43-4-24 - Collection of real estate transfer fee by register--Amount indicated on face ofdeed.
- Section 43-4-25 - Disposition of proceeds of real estate transfer fee collections--Records ofregister.
- Section 43-4-26 - Falsification of value of real estate or false claim of exemption asmisdemeanor.
- Section 43-4-27 - Satisfaction of bequest, devise, or transfer in trust by distribution of assets inkind at values determined for federal estate tax purposes--Appreciation ordepreciation in value cons
- Section 43-4-28 - Effective date of application of provisions as to distributions at valuesdetermined for federal estate tax purposes.
- Section 43-4-3 - Property not subject to transfer.
- Section 43-4-37 - Definition of terms for required disclosures in certain real estate transfers.
- Section 43-4-38 - Buyer furnished completed disclosure statement prior to written offer--Amendment.
- Section 43-4-39 - Terminating written offer made prior to disclosure statement.
- Section 43-4-4 - Voluntary transfer of property defined.
- Section 43-4-40 - Liability for defect disclosed in statement.
- Section 43-4-41 - Good faith disclosure required.
- Section 43-4-42 - Liability for failure to comply with disclosure statement requirements.
- Section 43-4-43 - Application of disclosure statement requirements.
- Section 43-4-44 - Property condition disclosure statement.
- Section 43-4-5 - Transfer without writing where not required by statute.
- Section 43-4-6 - Transfer in writing a grant.
- Section 43-4-7 - Grant takes effect upon delivery by grantor--Presumption as to delivery.
- Section 43-4-8 - Absolute delivery of grant required--Conditional delivery ineffective.
- Section 43-4-9 - Constructive delivery of grant--Agreement of parties.
- Sections 43-4-29 to 43-4-36 - Repealed
- Chapter 05 - Restraints On Alienation Of Property
- Section 43-5-1 - Absolute power of alienation--Suspension--Limitation.
- Section 43-5-2 - Future interests suspending absolute power of alienation beyond prescribed limitation void.
- Section 43-5-3 - Term of years--Suspension of absolute ownership.
- Section 43-5-4 - Suspension of power to alienate trust as suspension of power of alienation.
- Section 43-5-5 - Computation of period for interest or trust created under power of appointment.
- Section 43-5-6 - Distribution according to intent of creator.
- Section 43-5-7 - Exempt transfers.
- Section 43-5-8 - Rule against perpetuities not in force.
- Chapter 06 - Accumulations Of Income Of Property
- Chapter 07 - Estates In Real Property
- Section 43-7-1 - Duration of enjoyment of estates in real property.
- Section 43-7-2 - Classification of estates in real property.
- Section 43-7-3 - Estate of inheritance--Fee simple or absolute fee.
- Section 43-7-4 - Abolishment of estates tail--Fee tail is now a fee simple.
- Section 43-7-5 - Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.
- Chapter 08 - Present Estates In Real Property
- Section 43-8-1 - Rights of life tenant--Use of land--Exception.
- Section 43-8-10 - Estate at will--Termination by notice--Reentry by landlord or action for possession.
- Section 43-8-11 - Right of reentry--Reservation in grant or lease--Three days' previous written noticesufficient.
- Section 43-8-2 - Building and fences--Duty of life tenant to repair, and pay taxes and assessments.
- Section 43-8-3 - Lease for life--Recovery of rent due.
- Section 43-8-4 - Recovery of rent dependent upon life of another.
- Section 43-8-5 - Tenant for years or at will--Restriction of rights by instrument creating tenancy.
- Section 43-8-6 - Rights of tenant for years or at will not holding over.
- Section 43-8-7 - Rights acquired under transfer or devise of real property--Recovery of rent--Enforcementof terms of lease--Action for waste.
- Section 43-8-8 - Estate at will--Termination by notice of not less than one month.
- Section 43-8-9 - Written notice to terminate estate at will required--Manner of delivery--Posting onpremises.
- Chapter 09 - Future Estates In Real Property
- Section 43-9-1 - Freehold estate--Commencement at a future date.
- Section 43-9-10 - Conditional limitation--Remainder limited on contingency.
- Section 43-9-11 - Rights of heirs of life tenant when made remaindermen.
- Section 43-9-12 - Effect of remainder limited on estate for life or for years.
- Section 43-9-13 - Vesting of future estate unaffected by unexecuted power of appointment.
- Section 43-9-2 - Limitation of future estate.
- Section 43-9-3 - Reversion, definition.
- Section 43-9-4 - Remainder, definition.
- Section 43-9-5 - Contingent remainder in fee created on prior remainder in fee.
- Section 43-9-6 - Successive estates for life--Limitation.
- Section 43-9-7 - Remainder upon successive estates for life.
- Section 43-9-8 - Repealed.
- Section 43-9-9 - Estate for life cannot be limited as a remainder on a term of years--Exception.
- Chapter 10 - Real Property Trusts
- Section 43-10-1 - Conveyance of real property in trust for benefit of another vests no estate or interestin the trustee--Release of property to beneficiary.
- Section 43-10-10 - Rents and profits of real property--Receipt by trustee for benefit of another.
- Section 43-10-11 - Rents and profits of real property--Accumulation by trustee for prescribed purposes.
- Section 43-10-12 - Disposition of interest of beneficiary in trust for receipt of rents and profits from realproperty restrained.
- Section 43-10-13 - Repealed.
- Section 43-10-14 - Vesting of estate in trustee--Exception.
- Section 43-10-15 - Disposition of real property upon failure or termination of trust prescribed in trustinstrument.
- Section 43-10-16 - Grantee or devisee of real property subject to a trust acquires legal estate subject tothe trust.
- Section 43-10-17 - Acts contravening trust in relation to real property void.
- Section 43-10-18 - Express trust in relation to real property omitted from record--Protection of creditorsand purchasers without notice.
- Section 43-10-19 - Estate of trustee ceases when purpose of trust accomplished.
- Section 43-10-2 - Legal estate of beneficiary of real property trust entitled to possession and rents andprofits.
- Section 43-10-20 - Disposition of estates in trust property not embraced in express trust created inrelation to real property.
- Section 43-10-21 - Power in trust--Creation not prohibited.
- Section 43-10-22 - Express trust in relation to real property for purpose not enumerated in chapter--Validity as power in trust.
- Section 43-10-3 - Provisions relating to nominal trustee do not apply to resulting or express trusts.
- Section 43-10-4 - Creation of express trust in relation to real property.
- Section 43-10-5 - Rights of innocent purchaser or encumbrancer not prejudiced by implied or resultingtrust.
- Section 43-10-6 - Designation of express uses and trusts.
- Section 43-10-7 - Real property trust created to sell and dispose of proceeds of property.
- Section 43-10-8 - Trust to mortgage or release real property to satisfy charges thereon.
- Section 43-10-9 - Devise of real property for purpose of sale or mortgage vests no estate in trustee--Trust valid as a power in trust.
- Chapter 11 - Real Property Powers
- Section 43-11-1 - Powers restricted to those specified.
- Section 43-11-10 - Power in trust defined.
- Section 43-11-11 - General power in trust defined.
- Section 43-11-12 - Special power in trust defined.
- Section 43-11-13 - Capacity to create power.
- Section 43-11-14 - Manner of creating power.
- Section 43-11-15 - Vesting of power.
- Section 43-11-16 - Grantor may reserve power in conveyance.
- Section 43-11-17 - Effect of reservation of absolute power of revocation by grantor--Rights of creditors andpurchasers.
- Section 43-11-18 - Effect of absolute power of disposition given to life tenant or tenant for years--Rights ofcreditors, purchasers, or encumbrancers.
- Section 43-11-19 - Effect of absolute power of disposition given to person to whom no particular estate islimited--Rights of creditors, purchasers, and encumbrancers.
- Section 43-11-2 - Creation of beneficial power in relation to real property limited.
- Section 43-11-20 - Effect of absolute power of disposition of estate not limited by a remainder.
- Section 43-11-21 - General and beneficial power to devise inheritance--Absolute power to dispose of fee.
- Section 43-11-22 - Power of disposition absolute where holder can dispose of entire fee in his lifetime.
- Section 43-11-23 - Special and beneficial power to make leases valid during life estate.
- Section 43-11-24 - Special and beneficial power to lease void only as to excess term.
- Section 43-11-25 - Transfer of power of owner of life estate to make leases.
- Section 43-11-26 - Release of power of owner of life estate to make leases.
- Section 43-11-27 - Mortgage by owner of life estate having power to make leases does not extinguish orsuspend the power.
- Section 43-11-28 - Effects on the power of a lien by mortgage.
- Section 43-11-29 - Power to sell real property given as security for payment of money as part of the security.
- Section 43-11-3 - Simple power of attorney to convey not covered by chapter.
- Section 43-11-30 - Power irrevocable unless authorized by instrument creating the power.
- Section 43-11-31 - Power as a lien upon real property.
- Section 43-11-32 - Enforcement of powers for benefit of interested parties.
- Section 43-11-33 - Liability of power to claims of creditors.
- Section 43-11-34 - Execution of trust power for benefit of creditors or assignees of beneficiary.
- Section 43-11-35 - Right of trustee to select or exclude beneficiaries of trust.
- Section 43-11-36 - Release of power to appoint--Execution by donee--Terms and conditions.
- Section 43-11-37 - Validity of release of power to appoint.
- Section 43-11-38 - Release of power to appoint--Filing and recording--Sufficiency of delivery.
- Section 43-11-39 - Capacity to execute a power.
- Section 43-11-4 - Power, definition.
- Section 43-11-40 - Married woman's capacity to execute a power.
- Section 43-11-43 - Written instrument required for execution of power.
- Section 43-11-44 - Power to dispose by grant not subject to execution by will.
- Section 43-11-45 - Power to dispose by devise or will--Execution by will required.
- Section 43-11-46 - Power authorizing execution of instrument insufficient to pass estate--Law governing.
- Section 43-11-47 - Power directing formalities in addition to legal requirements--Observance unnecessary.
- Section 43-11-48 - Instrument in execution of power a conveyance--Record required.
- Section 43-11-49 - Nominal conditions annexed to power disregarded.
- Section 43-11-5 - Definition of terms--Author of power--Holder of power.
- Section 43-11-50 - Intention of author of power to be observed--Exception.
- Section 43-11-51 - Consent of third person to execution of power--Writing required--Signature.
- Section 43-11-52 - Consent of several persons to execution of power--Sufficiency of consent of survivors.
- Section 43-11-53 - Effect of more extensive disposition or charge than authorized by power.
- Section 43-11-54 - Time during which right of alienation suspended by instrument in execution of power.
- Section 43-11-55 - Conditions existing at the time of the creation of a power determine legality.
- Section 43-11-56 - Discretionary power of trustee as to distribution of estate or fund.
- Section 43-11-57 - Disposition under power to several persons--Allotment in equal proportions.
- Section 43-11-58 - Death of trustee of a power with right of selection--Execution of power for benefit equallyof all designated persons.
- Section 43-11-59 - Fraud in instruments in execution of a power.
- Section 43-11-6 - Classification of powers.
- Section 43-11-60 - Valid execution of instrument without reference to power.
- Section 43-11-61 - Defective execution of power--Proper execution adjudged in favor of beneficiaries.
- Section 43-11-62 - Defective execution of power--Relief of purchasers for a valuable consideration.
- Section 43-11-63 - Failure to designate person to execute power in trust created by will--Execution by circuitcourt.
- Section 43-11-7 - General power defined.
- Section 43-11-8 - Special power defined.
- Section 43-11-9 - Beneficial power defined.
- Sections 43-11-41, 43-11-42 - Effect of execution of power by married woman. Execution of power vested in several persons
- Chapter 12 - Real Property Covenants
- Section 43-12-1 - Covenants running with land defined.
- Section 43-12-2 - Classification of covenants running with land.
- Section 43-12-3 - Parties bound by covenants running with land.
- Section 43-12-4 - Covenants running with land--Limitation to certain assigns.
- Section 43-12-5 - Liability for breach of covenant running with land.
- Chapter 13 - Easements And Servitudes
- Section 43-13-1 - Granting and holding of servitudes not attached to land.
- Section 43-13-10 - Owner in fee of servient tenement--Action for possession of land--Publicservitude.
- Section 43-13-11 - Destruction of servient tenement extinguishes servitude.
- Section 43-13-12 - Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
- Section 43-13-13 - Servitude acquired by enjoyment extinguished by disuse for prescribed period.
- Section 43-13-16 - Wind easement defined.
- Section 43-13-17 - Granting of wind easements--Filing of written easement or memorandum--Maximum term--Development of energy potential required--Encumbrances.
- Section 43-13-18 - Required terms and provisions of wind easements.
- Section 43-13-19 - Severance of wind energy rights limited.
- Section 43-13-2 - Easements--Definition--Classification.
- Section 43-13-20 - Holder of wind easement, wind lease, or easement for essential services toaccommodate reasonable development of another such holder--Exception.
- Section 43-13-20.1 - Extension of development period--Filing of affidavit.
- Section 43-13-20.2 - Development of potential to produce energy from wind power.
- Section 43-13-20.3 - Contents of written easement or memorandum.
- Section 43-13-20.4 - Waiting period for execution of wind easement or wind lease.
- Section 43-13-20.5 - Confidentiality agreements.
- Section 43-13-21 - Small wind energy system defined.
- Section 43-13-22 - Large wind energy system defined.
- Section 43-13-23 - Small wind energy system set back requirement--Exception.
- Section 43-13-3 - Definition of terms--Dominant tenement--Servient tenement.
- Section 43-13-4 - Creation of servitude--Vested estate in servient tenement necessary.
- Section 43-13-5 - Extent of servitude--Determination.
- Section 43-13-6 - Owner of servient tenement cannot hold servitude--Extinguishment ofservitude.
- Section 43-13-7 - Effect of partition of dominant tenement--Apportionment of burden--Limitation.
- Section 43-13-8 - Use of easements by owner of future estate in dominant tenement.
- Section 43-13-9 - Owner or occupant of dominant tenement--Right to enforce easement.
- Sections 43-13-14, 43-13-15 - Repealed
- Chapter 14 - Rights Of Occupants And Settlers
- Chapter 15 - Vertical And Horizontal Property Regimes [Repealed]
- Chapter 15A - Condominiums
- Section 43-15A-1 - Definition of terms.
- Section 43-15A-10 - Notice of intent to sell domestic condominium--Contract voidable if notice not given.
- Section 43-15A-11 - Fee to accompany notice of intent--Questionnaire--Form and content.
- Section 43-15A-12 - Inspection of condominium project.
- Section 43-15A-13 - Waiver of initial inspection.
- Section 43-15A-14 - Filing fee and inspection expenses to accompany notice of intent--Payment to inspector.
- Section 43-15A-15 - Deposit and expenditure of fees.
- Section 43-15A-16 - Public report of examination findings--Status of report.
- Section 43-15A-17 - Commission report required before offer to sell or taking reservations to purchase.
- Section 43-15A-18 - Supplementary report on investigations made after final or substitute report issued--Truecopy to purchasers.
- Section 43-15A-19 - Copy of reports issued to prospective purchaser before binding contract for sale--Timeto read copy--Receipt.
- Section 43-15A-2 - Estates subject to chapter.
- Section 43-15A-20 - True copies to be exact reproductions of commission's reports.
- Section 43-15A-21 - Receipts kept by developer--Inspection--Duration.
- Section 43-15A-22 - Material change in offering prohibited without written notice.
- Section 43-15A-23 - Deposits held in escrow until delivery of deed.
- Section 43-15A-24 - Management or recreation facility contract period limited--Subsequent contracts by councilof co-owners.
- Section 43-15A-25 - False statement, fraud, or violation of provisions as misdemeanor.
- Section 43-15A-26 - Investigation of developer suspected of violations--Examination of books--Developers tokeep records available.
- Section 43-15A-27 - Repealed.
- Section 43-15A-28 - Validation of previously established vertical and horizontal property regimes andcondominiums--Deadline for enforcing rights--Notice of pendency.
- Section 43-15A-29 - Lien for erection, repair, or improvement of a single development--Apportionment of liens.
- Section 43-15A-3 - Establishment of condominium project--Master deed or lease.
- Section 43-15A-4 - Particulars required in master deed or lease.
- Section 43-15A-5 - Common areas defined.
- Section 43-15A-6 - Joint or common ownership.
- Section 43-15A-7 - Exclusive and common rights of owners.
- Section 43-15A-8 - Recording of transfers and encumbrances of individual units.
- Section 43-15A-9 - Recording of master deeds and leases--Tax inapplicable to original recordation.
- Chapter 15B - Time-Share Estates
- Section 43-15B-1 - "Time-share" defined.
- Section 43-15B-2 - Restrictions on sales.
- Section 43-15B-3 - Registration of projects.
- Section 43-15B-4 - Fee for registration.
- Section 43-15B-5 - Inspection fee.
- Section 43-15B-6 - Rules.
- Section 43-15B-7 - Sale of unregistered project prohibited--Exception--Issuance of restricted licenses.
- Section 43-15B-8 - Forfeited registration--Restoration--Fee.
- Chapter 16 - Land Boundaries, Monuments And Subsurface Rights
- Section 43-16-1 - Owner of land in fee, right to surface and things beneath or above it.
- Section 43-16-2 - Coterminous owner--Right to lateral and subjacent support.
- Section 43-16-3 - Land bounded by road or street--Scope of ownership.
- Section 43-16-4 - Ownership of tree on land determined by the location of its trunk.
- Section 43-16-5 - Boundaries and monuments--Maintenance by coterminous owners.
- Section 43-16-6 - Monument designating point in boundary--Malicious removal as misdemeanor.
- Section 43-16-7 - Defacing or altering boundary marker as misdemeanor.
- Chapter 17 - Water Boundaries And Riparian Lands
- Section 43-17-1 - Land below ordinary high-water mark of navigable lake or stream--Law governingownership.
- Section 43-17-10 - Title to land by avulsion--Reclamation by original owner of part of land carried away.
- Section 43-17-11 - Stream forming new course--Abandonment of ancient stream bed--Owners of newlyoccupied land take ancient stream bed proportionately.
- Section 43-17-12 - New arm of stream--Island formed by division belongs to owner of shore.
- Section 43-17-13 - Ownership of island or accumulation of land in nonnavigable stream.
- Section 43-17-14 - Land acquired by reliction--Apportionment and division--Preparation, contents andrecording of survey.
- Section 43-17-15 - Failure or neglect of owners of land acquired by reliction to plat land--Enforcement actionby municipal officials.
- Section 43-17-16 - Action to enforce survey of land acquired by reliction--Determination of ownership--Appointment of commissioners to divide and survey relicted lands.
- Section 43-17-17 - Plat and survey of relicted lands by commissioners--Report in writing--Filing with clerk ofcourts.
- Section 43-17-18 - Report and survey of relicted lands by commissioners--Adoption or modification by circuitcourt--Filing of certified copy of judgment--New trial and appeal.
- Section 43-17-19 - Costs of action to enforce plat and survey of relicted lands.
- Section 43-17-2 - Upland owner taking to edge of navigable lake or stream at low-water mark--Exception--Navigable rivers and lakes as public highways.
- Section 43-17-20 - Establishment of water marks on lakes--Definition of terms.
- Section 43-17-21 - Water Management Board to establish and mark high and low water marks on publiclakes--Change on change in natural conditions.
- Section 43-17-22 - Repealed.
- Section 43-17-23 - Natural factors given precedence in water marks--When man-made influences considered.
- Section 43-17-24 - Investigation of site where water mark to be established--Consultation with other agencies--Public hearings.
- Section 43-17-24.1 - Notice of public hearings on water marks.
- Section 43-17-24.2 - Prior decisions on water marks validated--Rights barred by no action.
- Section 43-17-25 - Reconsideration of water marks established by board--Final unless appealed to courts.
- Section 43-17-26 - Ownership and rights of use unaffected.
- Section 43-17-27 - Marks previously determined not affected--Effect on pending proceedings fordetermination.
- Section 43-17-28 - Persons who may request board determination--Jurisdiction of courts.
- Section 43-17-3 - Lands forming in bed of navigable stream or meandered lake belong to state--Exception.
- Section 43-17-31 - Landowner's right to deny public access to taxable property--Department to clearly markcertain inundated property--Exception.
- Section 43-17-32 - Landowner's right to deny state agency use of taxable property--Conditions for publicaccess--Exceptions.
- Section 43-17-33 - Public access to private lands pursuant to § 43-17-32--Identification of affected propertyby state agency.
- Section 43-17-34 - "Navigability" defined--Application of term.
- Section 43-17-35 - Fencing certain land on both sides of navigable stream permitted--Violation asmisdemeanor.
- Section 43-17-36 - Promulgation of rules for safe use of stream.
- Section 43-17-37 - Variance request from adjacent landowners.
- Section 43-17-38 - Gate or opening required in fence constructed across certain streams--Federally-navigableportions--Public access.
- Section 43-17-39 - Petition to add to, or delete from, list of streams requiring gates.
- Section 43-17-4 - Opposite banks of nonnavigable stream belonging to different persons--Stream and bedcommon to both.
- Section 43-17-40 - Responsibility for construction and maintenance of gate or opening.
- Section 43-17-6 - Surveying and subdividing accretion lands--Permanency of uncontested boundaries.
- Section 43-17-7 - Notice of survey of accretion lands--Consent of interested parties necessary.
- Section 43-17-8 - Plat of accretion lands by surveyor--Contents--Recording.
- Section 43-17-9 - Attaching of additional land--Substitution of outer boundary of surveyed accretion land--Apportionment of new accreted land--Determination of boundary line.
- Sections 43-17-29, 43-17-30 - Public rights in lake above high water mark. Powers of Department of Game, Fish and Parks
- Sections 43-17-5, right-of-way - Accretions to bank of river or stream belong to owner of bank subject to existing
- Chapter 18 - Land Surveys
- Section 43-18-1 - Registered surveyor required to make survey or subdivision.
- Section 43-18-10 - Chainmen and other assistants--Liability for payment for services.
- Section 43-18-2 - Licensed engineers, architects, and surveyors may administer oaths to assistants.
- Section 43-18-3 - Disturbance of monument erected by coast and geodetic survey or geological surveyas misdemeanor.
- Section 43-18-4 - Disturbance of survey corners as petty offense.
- Section 43-18-5 - Restoration, relocation, or referencing of survey corner.
- Section 43-18-6 - Resurvey and subdivision of lands--Law governing.
- Section 43-18-7 - Original boundaries and monuments--Use in resurveys.
- Section 43-18-8 - Survey of lines or monuments in dispute--Disinterested persons as chainmen.
- Section 43-18-9 - Record of field notes and plats--Matters required to be shown.
- Chapter 19 - Township Surveys And Landmarks
- Section 43-19-1 - Erection of permanent landmarks by organized township--Monuments of durable material--Size and characteristics--Placement under contract.
- Section 43-19-10 - Monuments for landmarks in unorganized township--Procurement by board of countycommissioners--Contract for survey and erection.
- Section 43-19-11 - Bond of surveyor contracting to erect landmarks in unorganized township.
- Section 43-19-12 - Survey for erection of landmarks in unorganized township--Certificate--Recording.
- Section 43-19-13 - Levy of taxes for erection of landmarks in unorganized township.
- Section 43-19-14 - Tax levy for erection of landmarks in unorganized territory where petition was granted byboard of county commissioners after time of making annual tax levy.
- Section 43-19-15 - Landmarks set at originally established section corners--Presumption.
- Section 43-19-2 - Unidentified section corners upon public highways--Location by township board ofsupervisors.
- Section 43-19-3 - Bond of surveyor contracting to erect permanent landmarks for organized township.
- Section 43-19-4 - Manner of setting permanent landmarks--Reestablishment of section corners--Certificateof survey.
- Section 43-19-5 - Minutes of survey--Bearings and distances between monuments--Recording.
- Section 43-19-6 - Tax levy for erection of permanent landmarks by organized township.
- Section 43-19-7 - Petition in unorganized township to establish permanent landmarks--Filed with countycommissioners--Consent to tax levy for payment of costs of survey--Notice and hearing.
- Section 43-19-8 - Hearing on petition in unorganized township to establish permanent landmarks--Order ofboard of county commissioners.
- Section 43-19-9 - Appeal from order granting petition to establish permanent landmarks--Stay ofproceedings.
- Chapter 20 - Perpetuation Of Survey Corners
- Section 43-20-1 - Purpose of chapter.
- Section 43-20-10 - Corner record--Filing fee.
- Section 43-20-11 - Filing fees--Exemption of surveys by United States.
- Section 43-20-12 - Completed corner record--Preservation in hardbound book--Numbering and indexing.
- Section 43-20-13 - Inspection of corner records.
- Section 43-20-2 - Definition of terms.
- Section 43-20-3 - Record of corner establishment or restoration--Execution and filing.
- Section 43-20-4 - Corner records which may be filed.
- Section 43-20-5 - Survey corner required to be filed under chapter--Reconstruction of monument of corner.
- Section 43-20-6 - Corners established or restored before July 1, 1967--Records may be filed.
- Section 43-20-7 - Corner file--Information to be included--Form--Presentment and filing.
- Section 43-20-8 - Signatures required for filing of corner record.
- Section 43-20-9 - Filing in accordance with chapter required.
- Chapter 21 - Survey And Recording Of Plats
- Section 43-21-1 - Necessity for platting subdivision or tract of land into lots--Survey of lands--Recording ofplat--Inapplicability to certain parcels being transferred to or from South Dakota Buildin
- Section 43-21-2 - Refusal or neglect to comply with law requiring plat and survey--Auditor to make andrecord plat.
- Section 43-21-3 - Cost of platting, surveying, and recording when made by auditor--Payment by county--Added to tax upon tract of land.
- Section 43-21-4 - Description of property in accordance with certified and recorded plat valid.
- Section 43-21-4.1 - Recording real property described by metes and bounds.
- Section 43-21-5 - Plats of federal, state, county, and municipality property--Recording--Exemption from lawpertaining to filing of private plats for record--Use for descriptive purposes.
- Chapter 22 - South Dakota Coordinate System
- Section 43-22-1 - Designation of South Dakota coordinate systems.
- Section 43-22-10 - Use of terms on maps, reports of survey, or other documents--Limitation.
- Section 43-22-11 - Description of land located in more than one zone.
- Section 43-22-12 - Repealed.
- Section 43-22-12.1 - Description of location on system of plane coordinates.
- Section 43-22-13 - Purchaser, mortgagee, or insurer not required to rely on description which dependsexclusively upon coordinate systems.
- Section 43-22-2 - Division of state into zones for purpose of systems.
- Section 43-22-3 - Counties included in north zone.
- Section 43-22-4 - Counties included in south zone.
- Section 43-22-5 - Zone designations.
- Section 43-22-6 - Definition of systems.
- Section 43-22-7 - Repealed.
- Section 43-22-8 - Plane coordinate values--X and Easting--Y and Northing--Definitions.
- Section 43-22-9 - Recordation of land description based on coordinate systems--Limitation.
- Chapter 23 - Partition Fences
- Section 43-23-1 - Erection and maintenance of partition fence--Liability of owners of adjoining land.
- Section 43-23-2 - Duty of adjoining owner of land to build half of partition fence.
- Section 43-23-3 - Fence agreed to by owners of adjoining land is legal fence.
- Section 43-23-4 - Description and specifications for legal partition fence--Wire spacing.
- Section 43-23-4.1 - Legal fences for buffalo.
- Section 43-23-5 - Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoininglandowner--Service of notice and demand.
- Section 43-23-6 - Aggrieved owner of adjoining land--Erection or repair of fence after notice and demandon delinquent owner--Recovery of costs and damages.
- Section 43-23-7 - Erection of partition fence not required when earth is frozen.
- Section 43-23-8 - Judgment for construction or repair of partition fence is lien upon land of delinquent owner.
- Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.
- Section 43-23-9.1 - Privileges and obligations of persons in physical possession--Contract with owner--Rightsand liabilities of parties absent contract.
- Chapter 24 - Local Option Woven-Wire Fences
- Section 43-24-1 - Townships covered by chapter--Assessed value of farmland--Petition for townshipelection to make chapter applicable--Form of ballot--Effect of majority vote.
- Section 43-24-2 - Adoption of chapter by civil township supersedes partition fence law.
- Section 43-24-3 - Owners of adjoining land--Liability for expenses of erecting and maintaining local optionpartition fence.
- Section 43-24-4 - Duty of owner of adjoining land to build half of local option partition fence.
- Section 43-24-5 - Fence upon which owners of adjoining lands agree is a legal fence.
- Section 43-24-6 - Legal local option partition fence--Disagreement of owners of adjoining lands as to sortof fence--Definition.
- Section 43-24-7 - Neglect or refusal to erect half of local option partition fence--Enforcement by adjoininglandowner--Service of notice and demand.
- Section 43-24-8 - Aggrieved owner of adjoining land--Erection or repair of local option fence after noticeand demand on delinquent owner--Recovery of costs and damages.
- Section 43-24-9 - Erection of local option partition fence not required when earth is frozen.
- Chapter 25 - Deeds And Conveyances
- Section 43-25-1 - Requisites for transfer of certain estates.
- Section 43-25-10 - Use of word "grant" in conveyance--Implied covenants, action to enforce.
- Section 43-25-11 - Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.
- Section 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.
- Section 43-25-13 - Lineal and collateral warranties abolished--Exception.
- Section 43-25-14 - Heirs and devisees answerable for covenant or agreement with reference to landreceived by descent or devise.
- Section 43-25-15 - Presumption as to passing of fee simple title--Exception.
- Section 43-25-16 - Condition precedent in grant of real property--Performance necessary to pass estate.
- Section 43-25-17 - Subsequently acquired title passes by operation of law.
- Section 43-25-18 - Grant made on condition subsequent defeated by nonperformance of condition.
- Section 43-25-18.1 - Action describing land and conditions of conveyance--Statement of changedconditions which make it impossible or impractical to hold lands for public purpose.
- Section 43-25-18.2 - Commencement and prosecution of action--Limitation.
- Section 43-25-18.3 - Hearing--Sale of lands and reinvestment in other lands on court finding allegationsare true.
- Section 43-25-18.4 - Title in fee simple free of conditions to purchaser of land.
- Section 43-25-18.5 - Court authorized to place conditions on sale proceeds.
- Section 43-25-18.6 - Inapplicability of provisions to severed mineral interests.
- Section 43-25-19 - Encumbrances defined.
- Section 43-25-2 - Conveyance of interest in property by owner out of possession.
- Section 43-25-20 - Corporate deeds and mortgages--Execution, assignment, and release by officers ofcorporation--Acknowledgment.
- Section 43-25-21 - Corporate seal or acknowledgment as prima facie evidence of executing officer'sauthorization.
- Section 43-25-22 - Mortgage or conveyance of real estate by unincorporated association--Adoption ofresolution, notice--Execution of instrument.
- Section 43-25-23 - Recording of proceedings authorizing sale or mortgage of real estate byunincorporated association.
- Section 43-25-24 - Conveyances by unincorporated association prior to 1979 validated--Presumption asto legal capacity--Vested rights protected.
- Section 43-25-25 - Grant not invalidated by absence of seal of grantor or his agent.
- Section 43-25-26 - Recording of grant of estate in real property--Acknowledgment or proof bysubscribing witness required.
- Section 43-25-27 - Unrecorded instrument showing title to real property--Ownership--Passing with title.
- Section 43-25-28 - Attornments of tenants unnecessary to grants of rents, reversions, or remainders.
- Section 43-25-29 - Title passed by transfer of land bounded by highway.
- Section 43-25-3 - Conclusiveness of grant of estate in real property--Exception.
- Section 43-25-30 - Easements passed by transfer of real property to which they are attached.
- Section 43-25-31 - Conveyances by owner for life or for years.
- Section 43-25-32 - Reservation of power to revoke or modify instrument affecting estate in realproperty--Subsequent grant revokes original instrument.
- Section 43-25-33 - Execution of power to revoke or modify instrument affecting estate in real property.
- Section 43-25-34 - Instrument other than will affecting estate in real property--Effect of fraud.
- Section 43-25-35 - Fraud does not avoid instrument affecting estate in real property in favor ofsubsequent purchaser or encumbrancer with notice--Exception.
- Section 43-25-4 - Words of inheritance or succession not required to transfer fee in real property.
- Section 43-25-5 - Warranty deed--Standard form.
- Section 43-25-6 - Implied covenants and warranties in deed.
- Section 43-25-7 - Quitclaim deed--Standard form.
- Section 43-25-8 - Right, title, and interest conveyed by quitclaim deed--After-acquired title.
- Section 43-25-9 - Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.
- Chapter 26 - Real Estate Sale Contracts
- Section 43-26-1 - Agreement to sell real property binds seller.
- Section 43-26-2 - Agreement by seller of real property to give usual covenants--Delivery and form ofwarranty deed.
- Section 43-26-3 - Substance of usual covenants under agreement to sell real property where standard formof deed not delivered.
- Section 43-26-4 - Agreement of joint tenants to sell real property--Joint tenancy interest not destroyed--Exception.
- Section 43-26-5 - Rights and duties of parties as to risk of loss under contract.
- Section 43-26-6 - Subject matter of contract for purchase and sale of realty not transferred--Destructionwithout fault of purchaser--Taking by eminent domain--Contract unenforceable--Recoveryof purcha
- Section 43-26-7 - Transfer of subject matter of contract for purchase and sale of realty--Destruction withoutfault of vendor--Taking by eminent domain--Payment of purchase price.
- Section 43-26-8 - Interpretation and construction of risk of loss provisions.
- Chapter 27 - Names Of Farms, Ranches And Homes
- Chapter 28 - Recording Of Instruments
- Section 43-28-1 - Recording of instruments affecting real estate with register of deeds.
- Section 43-28-10 - Recording of instrument proved and certified by handwriting.
- Section 43-28-11 - Deposit of acknowledged or proved and certified instrument for recordas recording--Endorsement of amount of fee.
- Section 43-28-12 - Separate recording of absolute grants and mortgages.
- Section 43-28-13 - Law governing execution, acknowledgment, proof, form, or record ofconveyance made before 1939.
- Section 43-28-14 - Validity of unrecorded instrument.
- Section 43-28-15 - Constructive notice of execution of instrument affecting real propertyto purchasers or encumbrancers subsequent to recording.
- Section 43-28-16 - Notice imparted by instruments defectively executed or acknowledgedor describing unplatted property prior to December 31, 1988--Rights ofpurchasers or encumbrancers.
- Section 43-28-17 - Priority of first recorded conveyance of real property--Conveyancedefined.
- Section 43-28-18 - Recording of instrument containing power affecting real property--Instrument of revocation must be recorded in the same office.
- Section 43-28-19 - Recitals as to marital status, homestead status, or identity of parties ininstruments affecting title to real property--Evidentiary effect.
- Section 43-28-2 - Instruments which may be recorded without acknowledgment or furtherproof.
- Section 43-28-20 - Record of death of person deceased twelve years or more as evidenceof death and date of death--Requirements and effect of recording.
- Section 43-28-21 - Mailing address of grantee required for recording real estateconveyance.
- Section 43-28-22 - Real estate conveyance by fiduciary construed as made for purposes ofadministration--Time limit to enforce rights to property in trust, estate,or guardianship.
- Section 43-28-23 - Format standards for real estate documents recorded with the registerof deeds.
- Section 43-28-24 - Definitions related to identity information.
- Section 43-28-25 - Document preparers prohibited from including personally identifiableinformation.
- Section 43-28-26 - Certain documents exempt.
- Section 43-28-27 - Register of deeds to post notice.
- Section 43-28-3 - Instruments recorded without acknowledgment or further proof--Use ofcertified copies as evidence.
- Section 43-28-4 - Recording of affidavits, orders, appointments, minutes of meetings, andproceedings in bankruptcy to correct instruments affecting title to realproperty--Use as evidence.
- Section 43-28-4.1 - Affidavits stating facts relating identity of a party recorded.
- Section 43-28-5 - Presumption that execution of certificate attached to copy of instrumenteligible for record was made by authorized officer.
- Section 43-28-6 - Prior recording of instruments validated--Rights barred by no action.
- Section 43-28-7 - Authorities without state have no jurisdiction of real property withinstate.
- Section 43-28-8 - Instruments which must be acknowledged or proved before record--Certification.
- Section 43-28-9 - Acknowledgment of instrument by married woman.
- Sections 43-28-10.1 to 43-28-10.6 - Repealed
- Chapter 29 - Title Defects Cured By Lapse Of Time
- Section 43-29-1 - Title to real property unaffected by notice of pendency of action recorded after expirationof ten years from date of filing.
- Section 43-29-2 - Mortgage or other lien upon real property discharged by record showing sale of propertyon foreclosure.
- Section 43-29-3 - Acknowledgment of instrument affecting title to real property not subject to attack afterexpiration of ten years from date of filing.
- Section 43-29-4 - Instruments affecting title to real property recorded for ten years or more--Variance innames--Presumptions.
- Section 43-29-5 - Judgment or decree affecting title to real property conclusive after twenty years from dateof entry--Supporting proceedings deemed legally taken.
- Section 43-29-6 - Curative provisions applicable to previously recorded instruments--Inapplicable to pendingactions.
- Section 43-29-7 - Defect or omission in record respecting title to real estate existing for more than ten years--Correction unnecessary in order to make title marketable.
- Section 43-29-8 - Defect or omission in record respecting title to real estate existing for more than twentyyears--Performance of acts to correct record unnecessary in order to make titlemerchantable
- Section 43-29-9 - "Record" as used in marketable title provisions construed.
- Chapter 30 - Marketable Title To Real Estate
- Section 43-30-1 - Marketable record title--Unbroken chain of title of record for twenty-two years or longer--Exceptions.
- Section 43-30-10 - Purpose of chapter--Construction.
- Section 43-30-11 - Claims barred by chapter--Definition.
- Section 43-30-12 - Exceptions to application of chapter.
- Section 43-30-13 - Right, title, or interest of state or United States unaffected by chapter.
- Section 43-30-14 - Right, title, or interest in land owned by public utility unaffected by chapter.
- Section 43-30-15 - Existing statutes of limitations and recording statutes not affected by chapter.
- Section 43-30-16 - Railroad property conveyances to or by state exempt from plat requirements--Filing map.
- Section 43-30-17 - Certain property conveyances under Water Resources Development Act exempt from platrequirements--Filing of survey references, maps, etc.
- Section 43-30-2 - Definitions--Unbroken chain of title to an interest in land--Title transaction.
- Section 43-30-3 - Marketable record title held free and clear of interest, claims, and charges--Limitation--Notice of claim of interest.
- Section 43-30-4 - Filing of notice of claim of interest--Persons authorized to file.
- Section 43-30-5 - Notice of claim of interest--Filing for record.
- Section 43-30-6 - Acceptance of notice of claim of interest for filing by register of deeds--Entering andrecording--Indexing of notices.
- Section 43-30-7 - Affidavit of possession of real property--Contents--Recording--Time for filing--Staterailroad property.
- Section 43-30-8 - Record of affidavit of possession--Evidence of facts stated.
- Section 43-30-8.1 - Repealed.
- Section 43-30-8.2 - Condition subsequent based on alcoholic beverage use barred by affidavit unlessrerecorded--Duration.
- Section 43-30-9 - Slandering title to land--Notice of claim recorded for such purpose--Costs awardedplaintiff in quiet title action--Attorney fees--Damages.
- Chapter 30A - Abandoned Mineral Interests
- Section 43-30A-1 - "Mineral interest" defined.
- Section 43-30A-2 - Abandonment by nonuser and failure to file statement--Vesting in surface owner.
- Section 43-30A-3 - Acts constituting use of interest.
- Section 43-30A-4 - Statement of claim--Recording--Contents--Effect.
- Section 43-30A-5 - Circumstances where failure to file statement does not extinguish interest.
- Section 43-30A-6 - Notice by surface owner required--Contents--Proof of service.
- Section 43-30A-7 - Waiver of provisions.
- Section 43-30A-8 - Government owned interests exempt.
- Section 43-30A-9 - Prospective and retrospective application.
- Chapter 31 - Homestead Exemption
- Section 43-31-1 - Homestead exempt from judicial sale, judgment lien, and mesne or final process--Mobile home exemption--Senior citizen's homestead exemption from tax salelimited.
- Section 43-31-10 - Change of homestead reserved by order of court for minor children--Petition--Notice--Prior conveyances or liens not prejudiced.
- Section 43-31-11 - New homestead--Extent of exemption.
- Section 43-31-12 - Disagreement as to extent of homestead--Determination by circuit court.
- Section 43-31-13 - Possession and occupancy of homestead--Surviving spouse--Minor children.
- Section 43-31-14 - Family defined.
- Section 43-31-15 - Descent of homestead--Exemption from debts of owner--Exception.
- Section 43-31-16 - Sale of homestead for payment of debts where no husband or wife surviving, and noissue.
- Section 43-31-17 - Execution by husband and wife necessary for conveyance or encumbrance--Exception for prisoner of war or missing in action.
- Section 43-31-18 - Application by spouse of protected person for conveyance or encumbrance byconservator.
- Section 43-31-19 - Application for order requiring guardian of mentally ill or incompetent spouse to joinin conveyance or mortgage of homestead--Verification--Contents.
- Section 43-31-2 - Homestead limited to house or mobile home and appurtenant buildings--Businessplace--Minimum size of mobile home.
- Section 43-31-20 - Time and place for hearing application for order requiring guardian of mentally illor incompetent spouse to join in conveyance or mortgage of homestead--Orderfixing.
- Section 43-31-21 - Service of application and order for conservator of incapacitated spouse to join inconveyance or mortgage of homestead.
- Section 43-31-22 - Appointment of guardian ad litem on whom service of application and order may bemade to require incapacitated spouse to join in conveyance or mortgage ofhomestead.
- Section 43-31-23 - Order of court on application to require guardian of mentally ill or incompetentspouse to join in conveyance or mortgage of homestead--Findings of fact andconclusions of law.
- Section 43-31-24 - Court determination as to incapacity--Order to conservator to join in conveyance orencumbrance.
- Section 43-31-25 - Appointment of conservator to join in conveyance or encumbrance for incapacitatedspouse--No bond--Termination of conservatorship.
- Section 43-31-26 - Recording of certified copy of order requiring guardian of mentally ill or incompetentspouse to join in conveyance or mortgage of homestead.
- Section 43-31-27 - Devise or bequest of homestead subject to rights of surviving spouse.
- Section 43-31-28 - Repealed.
- Section 43-31-29 - Homestead liable for accrued taxes--Sale for payment of taxes certified and recorded--Exceptions.
- Section 43-31-3 - Homestead containing one or more lots or tracts of land--Contiguous tracts--Use ingood faith.
- Section 43-31-30 - Certain federal bankruptcy exemptions not available.
- Section 43-31-31 - Definition of terms.
- Section 43-31-32 - Conditions of prohibition on collection of certain single-family dwelling propertytaxes.
- Section 43-31-33 - Application for prohibition on collection of certain single-family dwelling propertytaxes--Forms.
- Section 43-31-34 - Documentary evidence included with application.
- Section 43-31-35 - County treasurer to determine qualification of applicant seeking prohibition oncollection of certain single-family dwelling property taxes.
- Section 43-31-36 - Hearing allowed upon denial of application for prohibition.
- Section 43-31-37 - Recipient of property tax relief ineligible for tax refund.
- Section 43-31-38 - Prohibited property taxes as a lien on property--Interest.
- Section 43-31-39 - Prohibited property taxes not delinquent.
- Section 43-31-4 - Limited area of homestead--Mineral lands.
- Section 43-31-40 - Uncollected taxes not to exceed the value of the property.
- Section 43-31-5 - Homestead exemption does not apply to gold and silver mines and mills.
- Section 43-31-6 - Selection of homestead, marking, platting, and recording--Execution againstunselected homestead--Officer may mark off, plat, and record--Expense embracedin execution.
- Section 43-31-7 - Marking off and platting of homestead--Exception.
- Section 43-31-8 - Description of homestead--Recording.
- Section 43-31-9 - Change of homestead--Metes and bounds--Record of description--Prior conveyancesor liens not prejudiced--Effect of nonconcurrence of spouse.
- Chapter 32 - Lease Of Real Property
- Section 43-32-1 - Leasing of real property defined.
- Section 43-32-10 - Preservation of premises by lessee.
- Section 43-32-11 - Use of premises when leased for particular or specified purpose--Responsibility oflessee--Rescission of contract.
- Section 43-32-12 - Time for payment of rent--Agricultural and wildland--Lodging--Termination ofhiring.
- Section 43-32-13 - Modification of lease--Written notice by landlord, effect--Termination by tenant.
- Section 43-32-14 - Retention of possession by lessee after expiration of hiring--Acceptance of rent bylessor--Renewal of hiring--Terms.
- Section 43-32-15 - Renewal of hiring of real property presumed unless notice given of termination.
- Section 43-32-16 - Tenant receiving notice of adverse proceedings--Duty to inform landlord.
- Section 43-32-17 - Attornment of tenant to stranger, validity--Consent of landlord--Judgment.
- Section 43-32-18 - Termination of lease by landlord before end of agreed term--Use of premises bytenant contrary to agreement--Neglect of tenant to make repairs.
- Section 43-32-19 - Termination of lease by tenant--Neglect of landlord to place tenant in quietpossession of premises--Neglect to keep premises in good condition--Destruction ofpremises.
- Section 43-32-2 - Limited term of lease--Agricultural land--Municipal lots.
- Section 43-32-20 - Assignment of lease by lessee--Breach of agreement--Recovery of possession--Remedies of lessor--Exception--Security for loan.
- Section 43-32-21 - Assignment of lease by lessor--Breach of agreement--Remedies of lessee--Covenantsexcepted.
- Section 43-32-22 - Termination of lease--Agreed term--Mutual consent--Acquisition of superior title bytenant.
- Section 43-32-22.1 - Continuation of farm lease absent notice--Time for notice--Termination withoutnotice in case of default--Grassland included.
- Section 43-32-23 - Termination of lease at pleasure of either party--Death or incapacity to contract--Exception.
- Section 43-32-24 - Return of security deposit after termination of tenancy--Withholding--Itemizedaccounting--Forfeiture of withholding rights--Punitive damages.
- Section 43-32-25 - Small amount of tenant's property left on premises presumed abandoned--Disposalby lessor.
- Section 43-32-26 - Storage of tenant's valuable property left on premises--Lien--Disposal as abandonedafter waiting period.
- Section 43-32-27 - Cause of action against lessor for retaliatory conduct.
- Section 43-32-28 - Lessee's remedies for retaliatory conduct by lessor.
- Section 43-32-3 - Hiring of real property presumed for one year--Exception.
- Section 43-32-4 - Hiring of lodgings--Length of term--Presumption.
- Section 43-32-5 - Lease of real property for more than one year--Written contract necessary.
- Section 43-32-6 - Obligations of lessor of real property--Tenant's remedies against lessor.
- Section 43-32-6.1 - Maximum security deposit for residential premises--Larger deposit by mutualagreement.
- Section 43-32-7 - Repealed.
- Section 43-32-8 - Residential lessor to keep premises in repair--Disrepair caused by lessee--Agreements for repairs in lieu of rent--Liability to third persons unaffected.
- Section 43-32-9 - Failure of lessor to repair premises--Lessee's remedies.
- Sections 43-32-29, 43-32-30 - Rights and remedies preserved. Disclosure of knowledge of existence of prior manufacturing of methamphetamines
- Chapter 33 - Fixtures To Land
- Chapter 34 - Accessions To Personal Property
- Section 43-34-1 - Ownership of things--Extent--Products and accessions.
- Section 43-34-10 - Wrongful employment of materials of another--Liability for damage.
- Section 43-34-2 - Effect of uniting things of different owners--Inseparable without injury--Ownership--Dutiesof owner.
- Section 43-34-3 - Principal part of thing which has been united--Definition--Necessity for separation andreturn to original owner.
- Section 43-34-4 - Uniting things of different owners--Absence of principal part--Value or bulk asdeterminable factor.
- Section 43-34-5 - Use of materials of different owners to form a thing of new description--Inseparablewithout inconvenience--Common ownership.
- Section 43-34-6 - Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception.
- Section 43-34-7 - Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement.
- Section 43-34-8 - Common ownership provisions not applicable to willful use of materials of another withouthis consent--Ownership of product by owner of materials--Tracing identity.
- Section 43-34-9 - Owner of material used without knowledge to form new product claiming interest inproduct--Demand for restitution or value of product.
- Chapter 35 - Transfer Of Personal Property
- Section 43-35-1 - Title to personal property--Sale or exchange--Law governing--Exception.
- Section 43-35-2 - Transfer of interest in ship or existing trust--Operation of law--Written instrument.
- Section 43-35-3 - Passing of title to personal property sold or exchanged--Exception.
- Section 43-35-4 - Executory agreement for sale or exchange of personal property--Transfer of title--Exception.
- Section 43-35-5 - Transfer of possession of personal property, with power of disposition, to another--Executed sale by transferee--Legal effect.
- Chapter 36 - Gifts Of Personal Property
- Section 43-36-1 - Gift defined.
- Section 43-36-2 - Validity of verbal gift--Means of obtaining possession and control--Delivery.
- Section 43-36-3 - Gift not subject to revocation by giver--Exception--Gift in view of death.
- Section 43-36-4 - Gift in view of death--Definition.
- Section 43-36-5 - Gift in view of death--Presumption.
- Section 43-36-6 - Gift in view of death--Revocation--Rights of bona fide purchaser protected.
- Section 43-36-7 - Gift in view of death not affected by will--Exception.
- Chapter 37 - Loan Of Personal Property
- Section 43-37-1 - Loan for use--Definition--Money in specie.
- Section 43-37-10 - Loan for exchange--Modification of contract by lender forbidden.
- Section 43-37-11 - Loan for use or exchange--Borrower required to bear all expenses during loan--Exception--Compensation for cost to preserve thing from injury.
- Section 43-37-12 - Loan for use or exchange--Indemnification of borrower by lender for damages for defects.
- Section 43-37-13 - Loan for use or exchange--Return of thing to lender by borrower--Specified time--Demand for return.
- Section 43-37-2 - Loan for exchange--Definition.
- Section 43-37-3 - Loan for use or exchange subject to provisions relating to loans for exchange.
- Section 43-37-4 - Loan for use--Title not transferred--Increase during loan period belongs to lender.
- Section 43-37-5 - Extent of use of thing by borrower.
- Section 43-37-6 - Duties of borrower for use--Preservation of thing--Living animal--Care of thing lent, extentof exercise--Repairs caused by negligence.
- Section 43-37-7 - Borrower for use--Lending to third person without consent of lender forbidden.
- Section 43-37-8 - Lender of thing for use--Right to require return--Indemnification of borrower for loss.
- Section 43-37-9 - Loan for exchange--Title transferred to borrower--Right to increase during loan period.
- Chapter 38 - Hiring Of Personal Property [Repealed]
- Chapter 39 - Deposit Of Personal Property
- Section 43-39-1 - Kinds and classifications of deposits.
- Section 43-39-10 - Depository for hire--Ordinary care in preservation of deposit.
- Section 43-39-11 - Gratuitous depository--Care for preservation of deposit.
- Section 43-39-12 - Depository of living animals--Food and shelter--Kind treatment.
- Section 43-39-12.1 - Abandonment of animal left with veterinarian--Notice to owner--Disposition--Liability.
- Section 43-39-13 - Use of thing deposited or opening of fastened deposit by depository without depositor'sconsent forbidden--Exception.
- Section 43-39-14 - Liability for damage arising from wrongful use--Exception.
- Section 43-39-15 - Sale of thing in danger of perishing.
- Section 43-39-16 - Services rendered by depository.
- Section 43-39-17 - Extent of liability of depository for negligence.
- Section 43-39-18 - Injury to or loss of thing deposited.
- Section 43-39-19 - Notice to owner of thing wrongfully detained.
- Section 43-39-2 - Voluntary deposit, making of--Terms defined--Deposit--Depository.
- Section 43-39-20 - Notice to owner of adverse claim.
- Section 43-39-21 - Depository not obligated to deliver deposit without demand.
- Section 43-39-22 - Depository must deliver on demand.
- Section 43-39-23 - Place of delivery.
- Section 43-39-24 - Delivery of thing owned jointly or in common.
- Section 43-39-25 - Cessation of duties of gratuitous depository.
- Section 43-39-26 - Rate of compensation for fractional part of week or month.
- Section 43-39-27 - Indemnification of depository by depositor.
- Section 43-39-28 - Rights of parties to terminate deposit.
- Section 43-39-3 - Involuntary deposit, making of--Duty of involuntary depository.
- Section 43-39-4 - Deposit for keeping defined.
- Section 43-39-5 - Deposit for exchange defined.
- Section 43-39-6 - Gratuitous deposit defined.
- Section 43-39-7 - Deposit for storage defined--Depository as depository for hire.
- Section 43-39-8 - Rights and duties of depositor and depository.
- Section 43-39-9 - Deposit for exchange--Transfer of title to deposit--Creation of debtor and creditorrelationship.
- Chapter 40 - Safeguarding Of Property In Hotels
- Section 43-40-1 - Liability of innkeeper or hotel keeper for loss of or injury to property of guest.
- Section 43-40-2 - Special arrangement between innkeeper or hotel keeper and guest for safe deposit ofproperty.
- Section 43-40-3 - Guest's receipt for property delivered for safekeeping.
- Section 43-40-4 - Exemption of hotel proprietor from liability for property of guest.
- Section 43-40-5 - Personal property of guest not deposited for safekeeping--Liability of innkeeper or hotelkeeper--Limitation as to amount--Exceptions.
- Chapter 41 - Lost And Found Property41A. Disposition Of Unclaimed Property [Repealed]
- Section 43-41-1 - Obligation of finder of lost thing.
- Section 43-41-10 - Thing intentionally abandoned--Provisions of chapter inapplicable.
- Section 43-41-2 - Duty of person finding lost personal property other than domestic animal--Advertisementand appraisement.
- Section 43-41-3 - Finder to notify owner.
- Section 43-41-4 - Finder may put thing found in storage.
- Section 43-41-5 - Claimant to prove ownership.
- Section 43-41-6 - Compensation of finder--Necessary expenses--Preservation of lost thing--Reward forkeeping.
- Section 43-41-7 - Surrender of thing to finder.
- Section 43-41-8 - Sale by finder of thing found.
- Section 43-41-9 - Manner of selling thing found by finder.
- Chapter 41B - Uniform Unclaimed Property Act
- Section 43-41B-1 - Definitions and use of terms.
- Section 43-41B-10 - Stock and other intangible interests in business associations.
- Section 43-41B-11 - Property of business associations held in course of dissolution.
- Section 43-41B-12 - Repealed.
- Section 43-41B-13 - Property held by agents and fiduciaries.
- Section 43-41B-14 - Property held by courts and public agencies.
- Section 43-41B-15 - Gift certificates and credit memos.
- Section 43-41B-16 - Wages.
- Section 43-41B-17 - Contents of safe deposit box or other safekeeping repository.
- Section 43-41B-18 - Report of abandoned property.
- Section 43-41B-19 - Notice and publication of lists of abandoned property.
- Section 43-41B-2 - Property presumed abandoned--General rule.
- Section 43-41B-20 - Payment or delivery of abandoned property.
- Section 43-41B-21 - Custody by state--Holder relieved from liability--Reimbursement of holder payingclaim--Reclaiming for owner--Defense of holder--Payment of safe deposit box orrepository charges.
- Section 43-41B-22 - Crediting of dividends, interest, or increments to owner's account.
- Section 43-41B-23 - Public sale of abandoned property.
- Section 43-41B-24 - Deposit of funds.
- Section 43-41B-24.1 - Continuous appropriation of fund--Report.
- Section 43-41B-25 - Filing of claim with administrator.
- Section 43-41B-26 - Claim of another state to recover property--Procedure.
- Section 43-41B-27 - Action to establish claim.
- Section 43-41B-28 - Election to take payment or delivery.
- Section 43-41B-29 - Destruction or disposition of property having insubstantial commercial value--Immunity from liability.
- Section 43-41B-3 - General rules for taking custody of intangible unclaimed property.
- Section 43-41B-30 - Period of limitation.
- Section 43-41B-31 - Requests for reports and examination of records.
- Section 43-41B-32 - Retention of records.
- Section 43-41B-33 - Enforcement.
- Section 43-41B-34 - Interstate agreements and cooperation--Joint and reciprocal actions with other states.
- Section 43-41B-35 - Interest on untimely payments.
- Section 43-41B-36 - Agreements to locate reported property.
- Section 43-41B-37 - Effect of new provisions--Clarification of application.
- Section 43-41B-38 - Rules.
- Section 43-41B-39 - Rejected.
- Section 43-41B-4 - Travelers checks and money orders.
- Section 43-41B-40 - Open-loop prepaid cards exempt.
- Section 43-41B-41 - Rewards cards exempt.
- Section 43-41B-5 - Checks, drafts and similar instruments issued or certified by banking and financialorganizations.
- Section 43-41B-6 - Bank deposits and funds in financial organizations.
- Section 43-41B-7 - Funds owing under life insurance.
- Section 43-41B-8 - Deposits held by utilities.
- Section 43-41B-9 - Refunds held by business associations.
- Chapter 41C - Unclaimed Property Held By Museums Or Historical Societies
- Chapter 42 - Things In Action
- Chapter 43 - Products Of The Mind
- Section 43-43-1 - Products of the mind--Exclusive ownership of author.
- Section 43-43-2 - Products of the mind--Joint ownership.
- Section 43-43-3 - Transfer of product of mind by owner.
- Section 43-43-4 - Publication by owner of product of mind--Reproduction rights.
- Section 43-43-5 - Subsequent inventor, author, or composer--Identical production--Rights of respectiveowners.
- Chapter 43A - Sound Reproductions
- Section 43-43A-1 - Owner defined.
- Section 43-43A-2 - Pirating recorded sound or dealing in pirated recordings as felony.
- Section 43-43A-3 - Sale of recordings without identification of manufacturer and performers as felony.
- Section 43-43A-4 - Broadcast media, home recording, judicial and administrative proceedings exempt.
- Sections 43-43A-5, 43-43A-6 - Repealed
- Chapter 43B - Computer Programs
- Chapter 44 - Emblems Of Associations
- Section 43-44-1 - Insignia of fraternal, historical, military, or labor organizations--Right of registration,alteration, or cancellation.
- Section 43-44-10 - Unauthorized use or wearing of registered emblem--Classification of offense.
- Section 43-44-2 - Deceptive emblem--Registration forbidden.
- Section 43-44-3 - Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem.
- Section 43-44-4 - False or fraudulent representation to procure filing and registration as misdemeanor.
- Section 43-44-5 - Application for registration, alteration, cancellation, or transfer of registration ofemblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing.
- Section 43-44-6 - Fee for registration, alteration, or cancellation of certificate--Assignment and otherfees.
- Section 43-44-7 - Registration records--Indexing by secretary of state--Contents.
- Section 43-44-8 - Prima facie evidence of right to exclusive use of registered emblem--Rights of priorowner not affected.
- Section 43-44-9 - Persons benefitted by registration of emblem.
- Chapter 45 - Personal Property Exempt From Process
- Section 43-45-1 - Scope of exemptions of personal property.
- Section 43-45-10 - Judgment for fines, penalties, or costs of criminal prosecutions--Limited exemptions.
- Section 43-45-11 - Judgment for forfeiture of undertakings and bonds taken in criminal cases--Limitedexemptions.
- Section 43-45-12 - Inventory and appraisement of exempted or other personal property--Return byofficer having process of levy or sale.
- Section 43-45-13 - Certain federal bankruptcy exemptions not available.
- Section 43-45-14 - Exemption of earnings from garnishment process or levy-Bankruptcy.
- Section 43-45-15 - Legislative intent.
- Section 43-45-16 - Exemption from process for certain retirement benefits--Right of state to collect.
- Section 43-45-17 - Employee benefit plan defined.
- Section 43-45-2 - Property absolutely exempt--Books and pictures--Seat in house of worship--Wearingapparel--Necessary provisions and fuel for one year.
- Section 43-45-3 - Homestead absolutely exempt--Extent of exemption when homestead sold.
- Section 43-45-4 - Additional property exemptions--Selection and appraisal.
- Section 43-45-5 - Repealed.
- Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouseor minor children--Amount of exemption--Payment discharging insurer fromliability.
- Section 43-45-7 - Persons to whom exemptions do not apply.
- Section 43-45-8 - Exemption not allowed for purchase money or construction costs.
- Section 43-45-9 - Debt incurred for property obtained under false pretenses--Allowance only ofabsolute exemptions.
- Chapter 46 - Joint Owners' Liability For Decedents' Debts
- Section 43-46-1 - Joint owners' liability for debts and obligations of deceased joint owner.
- Section 43-46-2 - Right of action of creditor or representative of deceased joint owner.
- Section 43-46-3 - Proof of insufficient other property of deceased joint owner to pay debts.
- Section 43-46-4 - Limitation on amount of liability of surviving joint owner.