Real Property Powers

  1. Law
  2. South Dakota Codified Laws
  3. Property
  4. Real Property Powers

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Section
43-11-1

Powers restricted to those specified.

Section
43-11-2

Creation of beneficial power in relation to real property limited.

Section
43-11-3

Simple power of attorney to convey not covered by chapter.

Section
43-11-4

Power, definition.

Section
43-11-5

Definition of terms--Author of power--Holder of power.

Section
43-11-6

Classification of powers.

Section
43-11-7

General power defined.

Section
43-11-8

Special power defined.

Section
43-11-9

Beneficial power defined.

Section
43-11-10

Power in trust defined.

Section
43-11-11

General power in trust defined.

Section
43-11-12

Special power in trust defined.

Section
43-11-13

Capacity to create power.

Section
43-11-14

Manner of creating power.

Section
43-11-15

Vesting of power.

Section
43-11-16

Grantor may reserve power in conveyance.

Section
43-11-17

Effect of reservation of absolute power of revocation by grantor--Rights of creditors and purchasers.

Section
43-11-18

Effect of absolute power of disposition given to life tenant or tenant for years--Rights of creditors, purchasers, or encumbrancers.

Section
43-11-19

Effect of absolute power of disposition given to person to whom no particular estate is limited--Rights of creditors, purchasers, and encumbrancers.

Section
43-11-20

Effect of absolute power of disposition of estate not limited by a remainder.

Section
43-11-21

General and beneficial power to devise inheritance--Absolute power to dispose of fee.

Section
43-11-22

Power of disposition absolute where holder can dispose of entire fee in his lifetime.

Section
43-11-23

Special and beneficial power to make leases valid during life estate.

Section
43-11-24

Special and beneficial power to lease void only as to excess term.

Section
43-11-25

Transfer of power of owner of life estate to make leases.

Section
43-11-26

Release of power of owner of life estate to make leases.

Section
43-11-27

Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

Section
43-11-28

Effects on the power of a lien by mortgage.

Section
43-11-29

Power to sell real property given as security for payment of money as part of the security.

Section
43-11-30

Power irrevocable unless authorized by instrument creating the power.

Section
43-11-31

Power as a lien upon real property.

Section
43-11-32

Enforcement of powers for benefit of interested parties.

Section
43-11-33

Liability of power to claims of creditors.

Section
43-11-34

Execution of trust power for benefit of creditors or assignees of beneficiary.

Section
43-11-35

Right of trustee to select or exclude beneficiaries of trust.

Section
43-11-36

Release of power to appoint--Execution by donee--Terms and conditions.

Section
43-11-37

Validity of release of power to appoint.

Section
43-11-38

Release of power to appoint--Filing and recording--Sufficiency of delivery.

Section
43-11-39

Capacity to execute a power.

Section
43-11-40

Married woman's capacity to execute a power.

Section
43-11-41

Effect of execution of power by married woman.

Section
43-11-42

Execution of power vested in several persons.

Section
43-11-43

Written instrument required for execution of power.

Section
43-11-44

Power to dispose by grant not subject to execution by will.

Section
43-11-45

Power to dispose by devise or will--Execution by will required.

Section
43-11-46

Power authorizing execution of instrument insufficient to pass estate--Law governing.

Section
43-11-47

Power directing formalities in addition to legal requirements--Observance unnecessary.

Section
43-11-48

Instrument in execution of power a conveyance--Record required.

Section
43-11-49

Nominal conditions annexed to power disregarded.

Section
43-11-50

Intention of author of power to be observed--Exception.

Section
43-11-51

Consent of third person to execution of power--Writing required--Signature.

Section
43-11-52

Consent of several persons to execution of power--Sufficiency of consent of survivors.

Section
43-11-53

Effect of more extensive disposition or charge than authorized by power.

Section
43-11-54

Time during which right of alienation suspended by instrument in execution of power.

Section
43-11-55

Conditions existing at the time of the creation of a power determine legality.

Section
43-11-56

Discretionary power of trustee as to distribution of estate or fund.

Section
43-11-57

Disposition under power to several persons--Allotment in equal proportions.

Section
43-11-58

Death of trustee of a power with right of selection--Execution of power for benefit equally of all designated persons.

Section
43-11-59

Fraud in instruments in execution of a power.

Section
43-11-60

Valid execution of instrument without reference to power.

Section
43-11-61

Defective execution of power--Proper execution adjudged in favor of beneficiaries.

Section
43-11-62

Defective execution of power--Relief of purchasers for a valuable consideration.

Section
43-11-63

Failure to designate person to execute power in trust created by will--Execution by circuit court.

Section
43-11-64

Misconduct of trustee--Removal by circuit court--Law governing.