Such lien as against the owner of the property shall attach and take effect from the time the first item of material or labor is furnished upon the premises by the lien claimant, and shall be preferred to any mortgage or other encumbrance not then of record, unless the lien holder had actual notice thereof.
S.D. Codified Laws § 44-9-7
Attachment and taking effect of lien--Preference over other encumbrances
Applied in 3 court decisions — leading case Sepco, Inc. v. Valley State Bank (In Re Sepco, Inc.) (1984)
Most recently applied in Craig v. Swann (In Re Swann) (June 1992)
Source: SL 1913, ch 263, § 4; SL 1917, ch 295, § 1; RC 1919, § 1646; SDC 1939, § 39.0707; SL 1982, ch 301.
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.