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South Dakota Codified Laws
Title 43
Chapter 43-11
S.D. Codified Laws ch. 43-11
Real Property Powers
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43-11-1
Powers restricted to those specified.
43-11-2
Creation of beneficial power in relation to real property limited.
43-11-3
Simple power of attorney to convey not covered by chapter.
43-11-4
Power, definition.
43-11-5
Definition of terms--Author of power--Holder of power.
43-11-6
Classification of powers.
43-11-7
General power defined.
43-11-8
Special power defined.
43-11-9
Beneficial power defined.
43-11-10
Power in trust defined.
43-11-11
General power in trust defined.
43-11-12
Special power in trust defined.
43-11-13
Capacity to create power.
43-11-14
Manner of creating power.
43-11-15
Vesting of power.
43-11-16
Grantor may reserve power in conveyance.
43-11-17
Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.
43-11-18
Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.
43-11-19
Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.
43-11-20
Effect of absolute power of disposition of estate not limited by a remainder.
43-11-21
General and beneficial power to devise inheritance--Absolute power to dispose of fee.
43-11-22
Power of disposition absolute where holder can dispose of entire fee in his lifetime.
43-11-23
Special and beneficial power to make leases valid during life estate.
43-11-24
Special and beneficial power to lease void only as to excess term.
43-11-25
Transfer of power of owner of life estate to make leases.
43-11-26
Release of power of owner of life estate to make leases.
43-11-27
Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.
43-11-28
Effects on the power of a lien by mortgage.
43-11-29
Power to sell real property given as security for payment of money as part of the security.
43-11-30
Power irrevocable unless authorized by instrument creating the power.
43-11-31
Power as a lien upon real property.
43-11-32
Enforcement of powers for benefit of interested parties.
43-11-33
Liability of power to claims of creditors.
43-11-34
Execution of trust power for benefit of creditors or assignees of beneficiary.
43-11-35
Right of trustee to select or exclude beneficiaries of trust.
43-11-36
Release of power to appoint--Execution by donee--Terms and conditions.
43-11-37
Validity of release of power to appoint.
43-11-38
Release of power to appoint--Filing and recording--Sufficiency of delivery.
43-11-39
Capacity to execute a power.
43-11-40
Married woman's capacity to execute a power.
43-11-41
Effect of execution of power by married woman.
43-11-42
Execution of power vested in several persons.
43-11-43
Written instrument required for execution of power.
43-11-44
Power to dispose by grant not subject to execution by will.
43-11-45
Power to dispose by devise or will--Execution by will required.
43-11-46
Power authorizing execution of instrument insufficient to pass estate--Law governing.
43-11-47
Power directing formalities in addition to legal requirements--Observance unnecessary.
43-11-48
Instrument in execution of power a conveyance--Record required.
43-11-49
Nominal conditions annexed to power disregarded.
43-11-50
Intention of author of power to be observed--Exception.
43-11-51
Consent of third person to execution of power--Writing required--Signature.
43-11-52
Consent of several persons to execution of power--Sufficiency of consent of survivors.
43-11-53
Effect of more extensive disposition or charge than authorized by power.
43-11-54
Time during which right of alienation suspended by instrument in execution of power.
43-11-55
Conditions existing at the time of the creation of a power determine legality.
43-11-56
Discretionary power of trustee as to distribution of estate or fund.
43-11-57
Disposition under power to several persons--Allotment in equal proportions.
43-11-58
Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.
43-11-59
Fraud in instruments in execution of a power.
43-11-60
Valid execution of instrument without reference to power.
43-11-61
Defective execution of power--Proper execution adjudged in favor of beneficiaries.
43-11-62
Defective execution of power--Relief of purchasers for a valuable consideration.
43-11-63
Failure to designate person to execute power in trust created by will--Execution by circuit court.
43-11-64
Misconduct of trustee--Removal by circuit court--Law governing.