Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor, and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such covenants are said to run with the land.
S.D. Codified Laws § 43-12-1
Covenants running with land defined
Applied in 2 court decisions — leading case Piechowski v. Case (1977)
Most recently applied in Hyde v. Liebelt (October 1986)
Source: CivC 1877, § 819; CL 1887, § 3443; RCivC 1903, § 1136; RC 1919, § 743; SDC 1939, § 51.0423.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.