One who pays to the owner any part of the price of real property under an agreement for the purchase thereof has a special or vendee's lien upon the property independent of possession for such part of the amount paid as he may be entitled to recover back in case of failure of consideration.
S.D. Codified Laws § 44-6-2
Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid
Applied in 1 court decision — leading case South Dakota Farm Bureau, Inc. v. Hazeltine (2002)
Most recently applied in South Dakota Farm Bureau, Inc. v. Hazeltine (May 2002)
Source: CivC 1877, § 1805; CL 1887, § 4440; RCivC 1903, § 2152; RC 1919, § 1693; SDC 1939, § 39.0601.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.