A lien is created:
(1) By contract; or
(2) By operation of law; but no lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.
S.D. Codified Laws § 44-1-4
Creation of lien--Contract--Operation of law
Applied in 3 court decisions — leading case In Re Cloverleaf Farmer's Cooperative (1990)
Most recently applied in Craig v. Swann (In Re Swann) (June 1992)
Source: CivC 1877, §§ 1702, 1703; CL 1887, §§ 4326, 4327; RCivC 1903, §§ 2022, 2023; RC 1919, §§ 1527, 1528; SDC 1939, § 39.0103.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.