Subject to the provisions of this chapter and of chapters 43-1 to 43-7, inclusive, a freehold estate, as well as a chattel real, may be created to commence at a future day; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this chapter.

contract signature

Ask a real estate law question, get an answer ASAP!
Thousands of highly rated, verified real estate lawyers.
Specialties include: All Real Estate Law, Landlord and Tenant Law, Foreclosure, Homeowners' Association, Trespassing, Property Law, General Legal and more.
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws 43-9-1

  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.

Source: CivC 1877, § 230; CL 1887, § 2746; RCivC 1903, § 253; RC 1919, § 323; SDC 1939, § 51.0414.

  Previous section
Next section  
 Chapter 9 Contents