Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred twenty days after such surrender or loss of possession he gives notice of his lien by proper filing thereof in the office of the register of deeds in accordance with §§ 44-2-3 to 44-2-9, inclusive, and such liens shall be valid against everyone except a purchaser or encumbrancer in good faith, without notice, and for value whose rights were acquired prior to the filing of such statement.
S.D. Codified Laws § 44-11-3
Mechanics', laborers', and materialmen's liens not affected by loss of possession--Notice of lien to preserve rights, filing with register of deeds--Exceptions
Source: SL 1925, ch 216, § 3; SL 1927, ch 160, § 3; SDC 1939, § 39.0803; SL 1969, ch 165.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.