43-2-1      Ownership defined.
43-2-2      Property and rights subject to ownership.
43-2-3      Wild animals subject to ownership.
43-2-4      Absolute or qualified ownership of property.
43-2-5      Absolute ownership of property defined.
43-2-6      Qualified ownership of property defined.
43-2-7      Public or private ownership of property--State as private proprietor.
43-2-8      Property owned by state.
43-2-9      Right of individual to take, hold, and dispose of property.
43-2-10      Sole ownership of property.
43-2-11      Ownership of property by several persons.
43-2-12      Joint tenancy interest--Title created by will or transfer.
43-2-13      Conveyance of interest in property to spouse--Joint tenancy created.
43-2-14      Conveyance to two or more grantees creating joint tenancy.
43-2-15      Partnership interest defined.
43-2-16      Interest in common defined.
43-2-17      Interest created in several persons in their own right as interest in common.

43-2-1. Ownership defined.

The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others.

Source: CivC 1877, § 159; CL 1887, § 2675; RCivC 1903, § 182; RC 1919, § 252; SDC 1939, § 51.0201.

43-2-2. Property and rights subject to ownership.

There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill as the composition of an author, the good will of a business, computer programs, trade marks, service marks, marks and signs, and of rights created or granted by statute.

Source: CivC 1877, § 160; CL 1887, § 2676; RCivC 1903, § 183; RC 1919, § 253; SDC 1939, § 51.0201; SL 1980, ch 264, § 21; SL 1982, ch 300, § 1.

43-2-3. Wild animals subject to ownership.

Animals, wild by nature, are the subjects of ownership when tamed or taken and held in possession, or disabled and immediately pursued.

Source: CivC 1877, § 161; CL 1887, § 2677; RCivC 1903, § 184; RC 1919, § 254; SDC 1939, § 51.0201.

43-2-4. Absolute or qualified ownership of property.

The ownership of property is either:

(1)    Absolute; or

(2)    Qualified.

Source: CivC 1877, § 171; CL 1887, § 2687; RCivC 1903, § 194; RC 1919, § 264; SDC 1939, § 51.0207.

43-2-5. Absolute ownership of property defined.

The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws.

Source: CivC 1877, § 172; CL 1887, § 2688; RCivC 1903, § 195; RC 1919, § 265; SDC 1939, § 51.0208.

43-2-6. Qualified ownership of property defined.

The ownership of property is qualified:

(1)    When it is shared with one or more persons;

(2)    When the time of enjoyment is deferred or limited; or

(3)    When the use is restricted.

Source: CivC 1877, § 173; CL 1887, § 2689; RCivC 1903, § 196; RC 1919, § 266; SDC 1939, § 51.0209.

43-2-7. Public or private ownership of property--State as private proprietor.

All property in this state has an owner, whether that owner is the United States or the state, and the property public; or the owner an individual, and the property private. The state may also hold property as a private proprietor.

Source: CivC 1877, § 168; CL 1887, § 2684; RCivC 1903, § 191; RC 1919, § 261; SDC 1939, § 51.0202.

43-2-8. Property owned by state.

The state is the owner of all property lawfully appropriated or dedicated to its own use, and of all property of which there is no other owner.

Source: CivC 1877, § 169; CL 1887, § 2685; RCivC 1903, § 192; RC 1919, § 262; SDC 1939, § 51.0204.

43-2-9. Right of individual to take, hold, and dispose of property.

Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this state, except as provided in § 43-2A-2.

Source: CivC 1877, § 170; CL 1887, § 2686; SL 1890, ch 123; RCivC 1903, § 193; RC 1919, § 263; SDC 1939, § 51.0205; SL 1979, ch 291, § 8.

43-2-10. Sole ownership of property.

The ownership of property by a single person is designated as a sole or several ownership.

Source: CivC 1877, § 174; CL 1887, § 2690; RCivC 1903, § 197; RC 1919, § 267; SDC 1939, § 51.0210.

43-2-11. Ownership of property by several persons.

The ownership of property by several persons is either:

(1)    Of joint interests;

(2)    Of partnership interests; or

(3)    Of interests in common.

Source: CivC 1877, § 175; CL 1887, § 2691; RCivC 1903, § 198; RC 1919, § 268; SDC 1939, § 51.0211.

43-2-12. Joint tenancy interest--Title created by will or transfer.

A joint tenancy interest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to personal representatives or trustees as joint tenants.

Source: CivC 1877, § 176; CL 1887, § 2692; RCivC 1903, § 199; RC 1919, § 269; SDC 1939, § 51.0212; SL 1951, ch 255; SL 1995, ch 167, § 188.

43-2-13. Conveyance of interest in property to spouse--Joint tenancy created.

Any deed, transfer, or assignment of real or personal property from husband to wife or from wife to husband which conveys an interest in the grantor's lands or personal property and by its terms evinces an intent on the part of the grantor to create a joint tenancy between grantor and grantee shall be held and construed to create such joint tenancy, and any husband and wife who are grantor and grantee in any such deed, transfer, or assignment heretofore given shall hold the property described in such deed, transfer, or assignment as joint tenants.

Source: SDC 1939, § 51.0212 as added by SL 1951, ch 255.

43-2-14. Conveyance to two or more grantees creating joint tenancy.

Any deed, transfer, or assignment of real or personal property to two or more grantees, including any deed in which a grantor is also a grantee, which, by the method of describing such grantees or by the language of the granting habendum clause therein evinces an intent to create a joint tenancy in grantees shall be held and construed to create such joint tenancy.

Source: SDC 1939, § 51.0212 as added by SL 1951, ch 255.

43-2-15. Partnership interest defined.

A partnership interest is one owned by several persons, in partnership, for partnership purposes.

Source: CivC 1877, § 177; CL 1887, § 2693; RCivC 1903, § 200; RC 1919, § 270; SDC 1939, § 51.0213.

43-2-16. Interest in common defined.

An interest in common is one owned by several persons not in joint ownership or partnership.

Source: CivC 1877, § 178; CL 1887, § 2694; RCivC 1903, § 201; RC 1919, § 271; SDC 1939, § 51.0214.

43-2-17. Interest created in several persons in their own right as interest in common.

Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership purposes, or unless declared in its creation to be a joint interest, as provided in §§ 43-2-12 to 43-2-14, inclusive.

Source: CivC 1877, § 179; CL 1887, § 2695; RCivC 1903, § 202; RC 1919, § 272; SDC 1939, § 51.0214.