When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, insofar as to subject their interests to the liens therefor; provided that as against a lessor no lien is given for repairs made by or at the instance of his lessee.
S.D. Codified Laws § 44-9-2
Construction of improvements with knowledge of owner subjects land to lien--Exceptions
Applied in 7 court decisions — leading case Action Mechanical, Inc. v. Deadwood Historic Preservation Commission (2002)
Most recently applied in Smith Masonry v. Wipi Group Inc. (June 2025)
Source: SL 1913, ch 263, § 5; RC 1919, § 1647; SDC 1939, § 39.0706.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.