44-6-1      Purchase price of real property--Special or vendor's lien.
44-6-2      Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid.
44-6-3      Validity of liens of vendors and vendees--Exception.
44-6-4      Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.
44-6-5      Lien on personal property for purchase price--Enforcement.

44-6-1. Purchase price of real property--Special or vendor's lien.

One who sells real property has a special or vendor's lien thereon, independent of possession, for so much of the price as remains unpaid and unsecured otherwise than by the personal obligation of the buyer.

Source: CivC 1877, § 1801; CL 1887, § 4436; RCivC 1903, § 2148; RC 1919, § 1689; SDC 1939, § 39.0601.

44-6-2. Agreement for purchase of real property--Payment of part of purchase price--Special or vendee's lien for amount paid.

One who pays to the owner any part of the price of real property under an agreement for the purchase thereof has a special or vendee's lien upon the property independent of possession for such part of the amount paid as he may be entitled to recover back in case of failure of consideration.

Source: CivC 1877, § 1805; CL 1887, § 4440; RCivC 1903, § 2152; RC 1919, § 1693; SDC 1939, § 39.0601.

44-6-3. Validity of liens of vendors and vendees--Exception.

The liens described by §§ 44-6-1 and 44-6-2 are valid against everyone claiming under the debtor, except a purchaser or encumbrancer without notice, in good faith, and for value.

Source: CivC 1877, § 1803; CL 1887, § 4438; RCivC 1903, § 2150; RC 1919, § 1691; SDC 1939, § 39.0601.

44-6-4. Written contract by buyer of real property for payment of purchase price to seller--Transfer of contract by seller waives lien to extent of sum payable under contract--Exception.

Where a buyer of real property gives to the seller a written contract for the payment of all or part of the price, an absolute transfer of such contract by the seller waives his lien to the extent of the sum payable under the contract, but a transfer of such contract in trust to pay debts and return the surplus is not a waiver of the lien.

Source: CivC 1877, § 1802; CL 1887, § 4437; RCivC 1903, § 2149; RC 1919, § 1690; SDC 1939, § 39.0602.

44-6-5. Lien on personal property for purchase price--Enforcement.

One who sells personal property has a special lien thereon, dependent on possession for its price, if it is in his possession when the price becomes payable and may enforce his lien in like manner as if the property was pledged to him for the price.

Source: CivC 1877, § 1804; CL 1887, § 4439; RCivC 1903, § 2151; RC 1919, § 1692; SDC 1939, § 39.0603.