43-12-2. Classification of covenants running with land.
The only covenants which run with the land are:
(1)Those made for the direct benefit of the property or some part of it, then in existence;
(2)Covenants of warranty for quiet enjoyment or for further assurance, on the part of the grantor;
(3)Covenants for the payment of rent or of taxes or assessments upon the land, on the part of a grantee; and
(4)All covenants incidental to any of the foregoing covenants.
Source: CivC 1877, §§820 to 822; CL 1887, §§3444 to 3446; RCivC 1903, §§1137 to 1139; RC 1919, §§744 to 746; SDC 1939, §51.0424.