§ 43-4-1 Transfer of property defined
§ 43-4-2 Property subject to transfer–Rights of trustee, conservator, or personal representative
§ 43-4-3 Property not subject to transfer
§ 43-4-4 Voluntary transfer of property defined
§ 43-4-5 Transfer without writing where not required by statute
§ 43-4-6 Transfer in writing a grant
§ 43-4-7 Grant takes effect upon delivery by grantor–Presumption as to delivery
§ 43-4-8 Absolute delivery of grant required–Conditional delivery ineffective
§ 43-4-9 Constructive delivery of grant–Agreement of parties
§ 43-4-10 Constructive delivery of grant to stranger for benefit of grantee
§ 43-4-11 Escrow delivery of grant
§ 43-4-12 Redelivery of grant does not transfer title
§ 43-4-13 Grant interpreted as contract
§ 43-4-14 Construction of grant–Limitations–Operative words
§ 43-4-15 Irreconcilable parts of grant–Prevailing part
§ 43-4-16 Grantee favored in interpretation of grant–Exception
§ 43-4-17 Title transferred–Intention of parties
§ 43-4-18 Incidents included with thing transferred
§ 43-4-19 Transfer of present interest and benefit of condition or covenant
§ 43-4-20 Definition of terms
§ 43-4-21 Imposition and amount of real estate transfer fee
§ 43-4-22 Exemptions from real estate transfer fee
§ 43-4-23 Exempt transfers to be marked
§ 43-4-24 Collection of real estate transfer fee by register–Amount indicated on face of deed
§ 43-4-25 Disposition of proceeds of real estate transfer fee collections–Records of register
§ 43-4-26 Falsification of value of real estate or false claim of exemption as misdemeanor
§ 43-4-27 Satisfaction of bequest, devise, or transfer in trust by distribution of assets in kind at values determined for federal estate tax purposes–Appreciation or depreciation in value considered
§ 43-4-28 Effective date of application of provisions as to distributions at values determined for federal estate tax purposes
§ 43-4-37 Definition of terms for required disclosures in certain real estate transfers
§ 43-4-38 Buyer furnished completed disclosure statement prior to written offer–Amendment
§ 43-4-39 Terminating written offer made prior to disclosure statement
§ 43-4-40 Liability for defect disclosed in statement
§ 43-4-41 Good faith disclosure required
§ 43-4-42 Liability for failure to comply with disclosure statement requirements
§ 43-4-43 Application of disclosure statement requirements
§ 43-4-44 Property condition disclosure statement
§ 43-4-46 Transfer defined
§ 43-4-47 Private transfer fee defined
§ 43-4-48 Private transfer fee obligation defined
§ 43-4-49 Private transfer fee obligations after June 30, 2011 unenforceable– Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable
§ 43-4-50 Liability for private transfer fee obligations recorded or entered into after June 30, 2011
§ 43-4-51 Disclosure of private transfer fee obligations
§ 43-4-52 Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011–Contents
§ 43-4-53 Amendment to notice of transfer fee
§ 43-4-54 Effect of failure to record notice of private transfer fee obligation
§ 43-4-55 Effect of failure to provide written statement of private transfer fee payable within thirty days of request
§ 43-4-56 Affidavit concerning request for and failure to provide written statement of transfer fee–Recording–Contents
§ 43-4-57 Recorded affidavit constitutes prima facie evidence of stated facts
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 4 - Transfer of Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grantor: The person who establishes a trust and places property into it.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probate: Proving a will
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Trustee: A person or institution holding and administering property in trust.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2