S.D. Codified Laws ch. 43-4 – Transfer of Property | Midpage

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South Dakota Codified Laws

Chapter 43-4

S.D. Codified Laws ch. 43-4

Transfer of Property

43-4-1Transfer of property defined.43-4-2Property subject to transfer--Rights of trustee, conservator, or personal representative.43-4-3Property not subject to transfer.43-4-4Voluntary transfer of property defined.43-4-5Transfer without writing where not required by statute.43-4-6Transfer in writing a grant.43-4-7Grant takes effect upon delivery by grantor--Presumption as to delivery.43-4-8Absolute delivery of grant required--Conditional delivery ineffective.43-4-9Constructive delivery of grant--Agreement of parties.43-4-10Constructive delivery of grant to stranger for benefit of grantee.43-4-11Escrow delivery of grant.43-4-12Redelivery of grant does not transfer title.43-4-13Grant interpreted as contract.43-4-14Construction of grant--Limitations--Operative words.43-4-15Irreconcilable parts of grant--Prevailing part.43-4-16Grantee favored in interpretation of grant--Exception.43-4-17Title transferred--Intention of parties.43-4-18Incidents included with thing transferred.43-4-19Transfer of present interest and benefit of condition or covenant.43-4-20Definition of terms.43-4-21Imposition and amount of real estate transfer fee.43-4-22Exemptions from real estate transfer fee.43-4-23Exempt transfers to be marked.43-4-24Collection of real estate transfer fee by register--Amount indicated on face of deed.43-4-25Disposition of proceeds of real estate transfer fee collections--Records of register.43-4-26Falsification of value of real estate or false claim of exemption as misdemeanor.43-4-27Satisfaction 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.43-4-28Effective date of application of provisions as to distributions at values determined for federal estate tax purposes.43-4-2943-4-29 to 43-4-36. Repealed by SL 1995, ch 167, § 184 43-4-37Definition of terms for required disclosures in certain real estate transfers.43-4-38Buyer furnished completed disclosure statement prior to written offer--Amendment.43-4-39Terminating written offer made prior to disclosure statement.43-4-40Liability for defect disclosed in statement.43-4-41Good faith disclosure required.43-4-42Residential real property disclosure statement--Liability for failure to comply.43-4-43Application of disclosure statement requirements.43-4-44Property condition disclosure statement.43-4-44.1Additional disclosure--Residential real property under a homeowners' association.43-4-46Transfer defined.43-4-47Private transfer fee defined.43-4-48Private transfer fee obligation defined.43-4-49Private transfer fee obligations after June 30, 2011 unenforceable-- Private transfer fee obligations before June 30, 2011 not presumed valid and enforceable.43-4-50Liability for private transfer fee obligations recorded or entered into after June 30, 2011.43-4-51Disclosure of private transfer fee obligations.43-4-52Notices of private transfer fee obligation to be recorded for obligations imposed before July 1, 2011--Contents.43-4-53Amendment to notice of transfer fee.43-4-54Effect of failure to record notice of private transfer fee obligation.43-4-55Effect of failure to provide written statement of private transfer fee payable within thirty days of request.43-4-56Affidavit concerning request for and failure to provide written statement of transfer fee--Recording--Contents.43-4-57Recorded affidavit constitutes prima facie evidence of stated facts.