43-12-1      Covenants running with land defined.
43-12-2      Classification of covenants running with land.
43-12-3      Parties bound by covenants running with land.
43-12-4      Covenants running with land--Limitation to certain assigns.
43-12-5      Liability for breach of covenant running with land.
43-12-6      Apportionment of burden or benefit of covenant running with land between several titles.

43-12-1. Covenants running with land defined.

Certain covenants contained in grants of estates in real property are appurtenant to such estates and pass with them so as to bind the assigns of the covenantor, and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such covenants are said to run with the land.

Source: CivC 1877, § 819; CL 1887, § 3443; RCivC 1903, § 1136; RC 1919, § 743; SDC 1939, § 51.0423.

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.

43-12-3. Parties bound by covenants running with land.

A covenant running with the land binds those only who acquire the whole estate of the covenantor in all or some part of the property.

Source: CivC 1877, § 824; CL 1887, § 3448; RCivC 1903, § 1141; RC 1919, § 748; SDC 1939, § 51.0425.

43-12-4. Covenants running with land--Limitation to certain assigns.

A covenant for the addition of some new thing to real property, or for the direct benefit of some part of the property not then in existence or annexed thereto, when contained in a grant of an estate in such property, and made by the covenantor expressly for his assigns, or to the assigns of the covenantee, runs with the land so far only as the assigns thus mentioned are concerned.

Source: CivC 1877, § 823; CL 1887, § 3447; RCivC 1903, § 1140; RC 1919, § 747; SDC 1939, § 51.0426.

43-12-5. Liability for breach of covenant running with land.

No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.

Source: CivC 1877, § 825; CL 1887, § 3449; RCivC 1903, § 1142; RC 1919, § 749; SDC 1939, § 51.0427.

43-12-6. Apportionment of burden or benefit of covenant running with land between several titles.

Where several persons holding by several titles are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.

Source: CivC 1877, § 826; CL 1887, § 3450; RCivC 1903, § 1143; RC 1919, § 750; SDC 1939, § 51.0428.