South Dakota 45 — Partition And Sale Of Real Estate
- 21-45-1 — Property subject to partition or sale--Persons entitled to bring action.
- 21-45-2 — Consent by conservator to partition without action.
- 21-45-3 — Persons to whom summons directed--General direction to unknown persons.
- 21-45-4 — Grantees and lien holders need not be joined unless claim recorded.
- 21-45-5 — Service of summons--Description included when served by publication.
- 21-45-6 — Interests of parties set forth in complaint--Allegations as to unknown and contingentinterests.
- 21-45-7 — Lis pendens notice required--Constructive notice.
- 21-45-8 — Lien holders and encumbrancers of record joined by order of court--Referee todetermine status of liens and encumbrances.
- 21-45-9 — Notice to lien holders to appear before referee--Service of notice--Report of referee.
- 21-45-10 — Validation of prior appearances by personal representatives.
- 21-45-11 — Contents of answer.
- 21-45-12 — Trial and determination of rights of parties in property--Rights of unknown persons.
- 21-45-13 — Abstract of title required--Notice of availability--Custody and inspection--Allowanceas costs.
- 21-45-14 — Interest allowed on disbursements directed by court.
- 21-45-15 — Order directing partition of property--Referees appointed.
- 21-45-16 — Partition by original cotenancies--Further partition or cotenancy.
- 21-45-17 — Partition according to respective rights of parties--Surveys and landmarks.
- 21-45-18 — Road or street set aside before partition or sale.
- 21-45-19 — Unequal division with compensatory payments between parties.
- 21-45-20 — Report of referees on partition made.
- 21-45-21 — Expenses and fees apportioned among parties.
- 21-45-22 — Court action on referees' report--Appointment of new referees.
- 21-45-23 — Judgment of partition--Persons bound by judgment.
- 21-45-24 — Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.
- 21-45-25 — Tenants for years not affected by judgment.
- 21-45-26 — Judgment survives death of party.
- 21-45-27 — Lien on undivided interest chargeable to share allocated--Partition costs preferred.
- 21-45-28 — Sale ordered when partition not practical--Appointment of referees.
- 21-45-29 — Estate for life or years set off in part of property not sold.
- 21-45-30 — Sale at public auction to highest bidder--Publication of notice of sale.
- 21-45-31 — Order for sale at site of property--Reservation of power to receive higher bid athearing.
- 21-45-32 — Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.
- 21-45-33 — Referees and conservators disqualified from purchasing at sale.
- 21-45-34 — Purchase by cotenant or lien holder.
- 21-45-35 — Payment to guardian of proceeds of sale.
- 21-45-36 — Undertaking required of conservator receiving proceeds of sale.
- 21-45-37 — Security taken by referees delivered to parties for agreed or adjudicated shares--Filingof agreement and receipt.
- 21-45-38 — Separate securities taken in names of parties by referees.
- 21-45-39 — Distribution by referees of proceeds of sale--Payment into court.
- 21-45-40 — Clerk of courts to take and hold security and investment of proceeds.
- 21-45-41 — Report of sale filed with clerk of courts--Contents.
- 21-45-42 — Exceptions to return of sale--Order fixing time and place for hearing.
- 21-45-43 — Higher and better bid filed before confirmation of sale.
- 21-45-44 — Sale not confirmed if higher and better bid filed--Successive bids at hearing--Orderdirecting conveyance to highest bidder.
- 21-45-45 — Confirmation ex parte when no exceptions or higher bids filed--Order forconveyance.
- 21-45-46 — Sale valid from time of confirmation--Recording of certified copy of order.
- 21-45-47 — Validation of prior proceedings in which sales confirmed--Rights barred by no action.
- 21-45-48 — Recording of conveyance--Persons barred by recorded conveyance.
- 21-45-49 — Disposition of proceeds directed by order confirming sale.
- 21-45-50 — Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.
- 21-45-51 — Application of proceeds of sale of encumbered property.
- 21-45-52 — Lien holder required to resort to other secured property.
- 21-45-53 — Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.
- 21-45-54 — Compensation for future estate--Payment or investment of compensatory share.
- 21-45-55 — Investment of proceeds of sale for unknown or nonresident owner.
- 21-45-56 — Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.