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South Dakota Codified Laws
Title 21
Chapter 21-45
S.D. Codified Laws ch. 21-45
Partition and Sale of Real Estate
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21-45-1
Property subject to partition or sale--Persons entitled to bring action.
21-45-2
Consent by conservator to partition without action.
21-45-3
Persons to whom summons directed--General direction to unknown persons.
21-45-4
Grantees and lien holders need not be joined unless claim recorded.
21-45-5
Service of summons--Description included when served by publication.
21-45-6
Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.
21-45-7
Lis pendens notice required--Constructive notice.
21-45-8
Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances.
21-45-9
Notice to lien holders to appear before referee--Service of notice--Report of referee.
21-45-10
Validation of prior appearances by personal representatives.
21-45-11
Contents of answer.
21-45-12
Trial and determination of rights of parties in property--Rights of unknown persons.
21-45-13
Abstract of title or title insurance policy--Notice of availability--Custody and inspection--Allowance as costs.
21-45-14
Interest allowed on disbursements directed by court.
21-45-15
Order directing partition of property--Referees appointed.
21-45-16
Partition by original cotenancies--Further partition or cotenancy.
21-45-17
Partition according to respective rights of parties--Surveys and landmarks.
21-45-18
Road or street set aside before partition or sale.
21-45-19
Unequal division with compensatory payments between parties.
21-45-20
Report of referees on partition made.
21-45-21
Expenses and fees apportioned among parties.
21-45-22
Court action on referees' report--Appointment of new referees.
21-45-23
Judgment of partition--Persons bound by judgment.
21-45-24
Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.
21-45-25
Tenants for years not affected by judgment.
21-45-26
Judgment survives death of party.
21-45-27
Lien on undivided interest chargeable to share allocated--Partition costs preferred.
21-45-28
Sale ordered when partition not practical--Appointment of referees.
21-45-29
Estate for life or years set off in part of property not sold.
21-45-30
Sale at public auction to highest bidder--Publication of notice of sale.
21-45-31
Order for sale at site of property--Reservation of power to receive higher bid at hearing.
21-45-32
Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.
21-45-33
Referees and conservators disqualified from purchasing at sale.
21-45-34
Purchase by cotenant or lien holder.
21-45-35
Payment to guardian of proceeds of sale.
21-45-36
Undertaking required of conservator receiving proceeds of sale.
21-45-37
Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt.
21-45-38
Separate securities taken in names of parties by referees.
21-45-39
Distribution by referees of proceeds of sale--Payment into court.
21-45-40
Clerk of courts to take and hold security and investment of proceeds.
21-45-41
Report of sale filed with clerk of courts--Contents.
21-45-42
Exceptions to return of sale--Order fixing time and place for hearing.
21-45-43
Higher and better bid filed before confirmation of sale.
21-45-44
Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder.
21-45-45
Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance.
21-45-46
Sale valid from time of confirmation--Recording of certified copy of order.
21-45-47
Validation of prior proceedings in which sales confirmed--Rights barred by no action.
21-45-48
Recording of conveyance--Persons barred by recorded conveyance.
21-45-49
Disposition of proceeds directed by order confirming sale.
21-45-50
Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.
21-45-51
Application of proceeds of sale of encumbered property.
21-45-52
Lien holder required to resort to other secured property.
21-45-53
Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.
21-45-54
Compensation for future estate--Payment or investment of compensatory share.
21-45-55
Investment of proceeds of sale for unknown or nonresident owner.
21-45-56
Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.