2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 52. Redemption From Sale On Execution Or Foreclosure
§21-52-2 Waste restrained during period of redemption--Uses of property not considered waste.
21-52-2. Waste restrained during period of redemption--Uses of property not considered waste. Until the expiration of the time for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor.
It is not waste for the person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used, or in the ordinary course of husbandry; or to use timber or other material on the property for the necessary repair of buildings or fences thereon or fuel for his family while he occupies the property.
Source: SL 1949, ch 142, § 16; SDC Supp 1960, § 37.5616.
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