CHAPTER 43-8

PRESENT ESTATES IN REAL PROPERTY

43-8-1    Rights of life tenant--Use of land--Exception.

43-8-2    Building and fences--Duty of life tenant to repair, and pay taxes and assessments.

43-8-3    Lease for life--Recovery of rent due.

43-8-4    Recovery of rent dependent upon life of another.

43-8-5    Tenant for years or at will--Restriction of rights by instrument creating tenancy.

43-8-6    Rights of tenant for years or at will not holding over.

43-8-7    Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.

43-8-8    Estate at will--Residential property--Termination by notice--Extended notice for active military service.

43-8-8.1    Estate at will--Commercial property--Termination by notice.

43-8-9    Written notice to terminate estate at will required--Manner of delivery--Posting on premises.

43-8-10    Estate at will--Termination by notice--Reentry by landlord or action for possession.

43-8-11    Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.

43-8-12    Accrual of right to reenter--Notice of action for possession unnecessary.

43-8-1. Rights of life tenant--Use of land--Exception.

The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance.

Source: CivC 1877, § 256; CL 1887, § 2772; RCivC 1903, § 279; RC 1919, § 349; SDC 1939, § 51.0706.

43-8-2. Building and fences--Duty of life tenant to repair, and pay taxes and assessments.

The owner of a life estate must keep the building and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance.

Source: CivC 1877, § 271; CL 1887, § 2787; RCivC 1903, § 294; RC 1919, § 364; SDC 1939, § 51.0710.

43-8-3. Lease for life--Recovery of rent due.

Rent due upon a lease for life may be recovered in the same manner as upon a lease for years.

Source: CivC 1877, § 262; CL 1887, § 2778; RCivC 1903, § 285; RC 1919, § 355; SDC 1939, § 51.0707.

43-8-4. Recovery of rent dependent upon life of another.

Rent dependent upon the life of a person may be recovered after as well as before his death.

Source: CivC 1877, § 263; CL 1887, § 2779; RCivC 1903, § 286; RC 1919, § 356; SDC 1939, § 51.0708.

43-8-5. Tenant for years or at will--Restriction of rights by instrument creating tenancy.

A tenant for years or at will has no other rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired or by § 43-8-6.

Source: CivC 1877, § 258; CL 1887, § 2774; RCivC 1903, § 281; RC 1919, § 351; SDC 1939, § 38.0406.

43-8-6. Rights of tenant for years or at will not holding over.

A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the building, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest the crops growing at the end of his tenancy.

Source: CivC 1877, § 257; CL 1887, § 2773; RCivC 1903, § 280; RC 1919, § 350; SDC 1939, § 38.0405.

43-8-7. Rights acquired under transfer or devise of real property--Recovery of rent--Enforcement of terms of lease--Action for waste.

A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for nonperformance of any of the terms of the lease or for any waste or cause of forfeiture, as his grantor or devisor might have had.

Source: CivC 1877, § 259; CL 1887, § 2775; RCivC 1903, § 282; RC 1919, § 352; SDC 1939, § 38.0407.

43-8-8. Estate at will--Residential property--Termination by notice--Extended notice for active military service.

A tenancy or other estate at will for a residential property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than fifteen days. However, if the tenancy at will is the residence of a tenant who is on active military service or if a person on active military service is an immediate family member of the tenant, the tenant is entitled to two months' notice in the manner prescribed by § 43-8-9 unless:

(1)    The tenant has engaged in sustained conduct that is either disruptive to other residents or neighbors, illegal, destructive, negligent toward the maintenance of the property, or constitutes a material breach in the implied lease conditions; or

(2)    The landlord has sold the property or the property has passed to the landlord's estate.

For the purposes of this section, an immediate family member is a spouse or minor child.

Source: CivC 1877, § 239; CL 1887, § 2755; RCivC 1903, § 262; RC 1919, § 332; SDC 1939, § 51.0501; SL 2011, ch 197, § 1; SL 2024, ch 178, § 1.

43-8-8.1. Estate at will--Commercial property--Termination by notice.

A tenancy or other estate at will for a commercial property, however created, may be terminated by the landlord giving notice to the tenant in the manner prescribed by § 43-8-9 to remove from the premises within a period, specified in the notice, of not less than one month.

Source: SL 2024, ch 178, § 2.

43-8-9. Written notice to terminate estate at will required--Manner of delivery--Posting on premises.

The notice prescribed by § 43-8-8 must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.

Source: CivC 1877, § 240; CL 1887, § 2756; RCivC 1903, § 263; RC 1919, § 333; SDC 1939, § 51.0502.

43-8-10. Estate at will--Termination by notice--Reentry by landlord or action for possession.

After the notice prescribed by §§ 43-8-8 and 43-8-9 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may reenter or proceed according to law to recover possession.

Source: CivC 1877, § 241; CL 1887, § 2757; RCivC 1903, § 264; RC 1919, § 334; SDC 1939, § 51.0503.

43-8-11. Right of reentry--Reservation in grant or lease--Three days' previous written notice sufficient.

Whenever the right of reentry is given to a grantor or lessor in any grant or lease, or otherwise, such reentry may be made any time after the right has accrued, upon three days' previous written notice of intention to reenter, served in the mode prescribed by § 43-8-9.

Source: CivC 1877, § 242; CL 1887, § 2758; RCivC 1903, § 265; RC 1919, § 335; SDC 1939, § 51.0504.

43-8-12. Accrual of right to reenter--Notice of action for possession unnecessary.

An action for the possession of real property leased or granted, with a right of reentry, may be maintained at any time after the right to reenter has accrued, without the notice prescribed in § 43-8-11.

Source: CivC 1877, § 243; CL 1887, § 2759; RCivC 1903, § 266; RC 1919, § 336; SDC 1939, § 51.0505.