Classification of covenants running with land.

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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.


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