43-7-1      Duration of enjoyment of estates in real property.
43-7-2      Classification of estates in real property.
43-7-3      Estate of inheritance--Fee simple or absolute fee.
43-7-4      Abolishment of estates tail--Fee tail is now a fee simple.
43-7-5      Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.
43-7-6      Estate during life of a third person is a freehold.

43-7-1. Duration of enjoyment of estates in real property.

Estates in real property, in respect to the duration of their enjoyment are:

(1)    Estates of inheritance or perpetual estates;

(2)    Estates for life;

(3)    Estates for years; or

(4)    Estates at will.

Source: CivC 1877, § 218; CL 1887, § 2734; RCivC 1903, § 241; RC 1919, § 311; SDC 1939, § 51.0402.

43-7-2. Classification of estates in real property.

Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not liable as such to sale on execution.

Source: CivC 1877, § 222; CL 1887, § 2738; RCivC 1903, § 245; RC 1919, § 315; SDC 1939, § 51.0403.

43-7-3. Estate of inheritance--Fee simple or absolute fee.

Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an absolute fee.

Source: CivC 1877, § 219; CL 1887, § 2735; RCivC 1903, § 242; RC 1919, § 312; SDC 1939, § 51.0404.

43-7-4. Abolishment of estates tail--Fee tail is now a fee simple.

Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple, and if no valid remainder is limited thereon, is a fee simple absolute.

Source: CivC 1877, § 220; CL 1887, § 2736; RCivC 1903, § 243; RC 1919, § 313; SDC 1939, § 51.0405.

43-7-5. Remainder in fee limited upon fee tail estate is valid as contingent limitation upon a fee.

Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation upon a fee, and vests in possession, on the death of the first taker, without issue living at the time of his death.

Source: CivC 1877, § 221; CL 1887, § 2737; RCivC 1903, § 244; RC 1919, § 314; SDC 1939, § 51.0406.

43-7-6. Estate during life of a third person is a freehold.

An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.

Source: CivC 1877, § 223; CL 1887, § 2739; RCivC 1903, § 246; RC 1919, § 316; SDC 1939, § 51.0407.