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.
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.