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S.D. Codified Laws § 43-4-3

Property not subject to transfer

Applied in 1 court decision — leading case Fowler v. LAC Minerals (USA), LLC (2012)

Most recently applied in Fowler v. LAC Minerals (USA), LLC (September 2012)

Source: CivC 1877, §§ 602, 603; CL 1887, §§ 3225, 3226; RCivC 1903, §§ 918, 919; RC 1919, §§ 520, 521; SDC 1939, § 51.1301.

A mere possibility, not coupled with an interest, cannot be transferred.

A mere right of reentry, or of repossession for breach of a condition subsequent, cannot be transferred to anyone except the owner of the property affected thereby.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.