There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 43-25-11 — Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.
43-25-11. Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants. From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express terms contained in such conveyance:
(1) That previous to the time of the
execution of such conveyance the grantor has not conveyed the same
estate or any right, title, or interest therein to any person other
than the grantee; and
(2) That such estate is at the time of the
execution of such conveyance free from encumbrances made, done, or
suffered by the grantor.
Source: SL 1909, ch 179, § 1; RC 1919, § 549; SDC 1939, § 51.1416.
Source: SL 1909, ch 179, § 1; RC 1919, § 549; SDC 1939, § 51.1416.
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