STATE STATUTES & CODES

SOUTH DAKOTA STATUTES AND CODES

Chapter 45 - Partition And Sale Of Real Estate

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