44-1-1      Lien defined.
44-1-2      Classification of liens--Definition of terms--General lien--Special lien.
44-1-3      Application of general statutes to liens--Exception.
44-1-4      Creation of lien--Contract--Operation of law.
44-1-5      Security for performance of future obligations--Creation of lien.
44-1-6      Agreement to create lien on future interest--Attachment of lien.
44-1-7      Lien or contract of lien transfers no title to property.
44-1-8      Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void.
44-1-9      Obligation to perform not implied from lien.
44-1-10      Lien limited to specified obligation.
44-1-11      Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.
44-1-12      Destruction, disposal, or removal of personal property subject to security interest as felony.
44-1-13      Priority of lien securing future advances.

44-1-1. Lien defined.

A lien is a charge imposed upon specific property by which it is made security for the performance of an act.

Source: CivC 1877, § 1697; CL 1887, § 4321; RCivC 1903, § 2017; RC 1919, § 1522; SDC 1939, § 39.0102.

44-1-2. Classification of liens--Definition of terms--General lien--Special lien.

Liens are general or special. A general lien is one which the holder thereof is entitled to enforce as security for the performance of all the obligations or all of a particular class of obligations which exist in his favor against the owner of the property. A special lien is one which the holder thereof can enforce only as security for the performance of a particular act or obligation and of such obligations as may be incidental thereto.

Source: CivC 1877, §§ 1698 to 1700; CL 1887, §§ 4322 to 4324; RCivC 1903, §§ 2018 to 2020; RC 1919, §§ 1523 to 1525; SDC 1939, § 39.0102.

44-1-3. Application of general statutes to liens--Exception.

The general statutes relating to liens apply to all liens including mortgages and pledges unless from the context relating to any of them a different intention plainly appears.

Source: CivC 1877, § 1701; CL 1887, § 4325; RCivC 1903, § 2021; RC 1919, § 1526; SDC 1939, § 39.0101.

44-1-4. Creation of lien--Contract--Operation of law.

A lien is created:

(1)    By contract; or

(2)    By operation of law; but no lien arises by mere operation of law until the time at which the act to be secured thereby ought to be performed.

Source: CivC 1877, §§ 1702, 1703; CL 1887, §§ 4326, 4327; RCivC 1903, §§ 2022, 2023; RC 1919, §§ 1527, 1528; SDC 1939, § 39.0103.

44-1-5. Security for performance of future obligations--Creation of lien.

A lien may be created by contract, to take immediate effect, as security for performance of obligations not then in existence.

Source: CivC 1877, § 1705; CL 1887, § 4329; RCivC 1903, § 2025; RC 1919, § 1530; SDC 1939, § 39.0104.

44-1-6. Agreement to create lien on future interest--Attachment of lien.

An agreement may be made to create a lien upon property not yet acquired by the party agreeing to give the lien, or not yet in existence. In such case the lien agreed for attaches from the time when the party agreeing to give it acquires an interest in the property and to the extent of such interest.

Source: CivC 1877, § 1704; CL 1887, § 4328; RCivC 1903, § 2024; RC 1919, § 1529; SDC 1939, § 39.0105.

44-1-7. Lien or contract of lien transfers no title to property.

No title to the property is transferred by a lien or contract for lien notwithstanding any agreement to the contrary.

Source: CivC 1877, § 1706; CL 1887, § 4330; RCivC 1903, § 2026; RC 1919, § 1531; SDC 1939, § 39.0107.

44-1-8. Forfeiture of property to satisfy obligation secured by lien or restraint of right of redemption void.

All contracts for forfeiture of property subject to a lien in satisfaction of the obligation secured thereby and all contracts in restraint of the right of redemption from a lien are void.

Source: CivC 1877, § 1707; CL 1887, § 4331; RCivC 1903, § 2027; RC 1919, § 1532; SDC 1939, § 39.0108.

44-1-9. Obligation to perform not implied from lien.

The creation of a lien does not of itself imply that any person is bound to perform the act for which the lien is security.

Source: CivC 1877, § 1708; CL 1887, § 4332; RCivC 1903, § 2028; RC 1919, § 1533; SDC 1939, § 39.0109.

44-1-10. Lien limited to specified obligation.

The existence of a lien on property does not of itself entitle the person in whose favor it exists to a lien upon the same property for the performance of any other obligation than that which the lien originally secured.

Source: CivC 1877, § 1709; CL 1887, § 4333; RCivC 1903, § 2029; RC 1919, § 1534; SDC 1939, § 39.0110.

44-1-11. Lien holder not entitled to compensation from owner for expenses incurred respecting lien--Exception.

One who holds property by virtue of a lien thereon is not entitled to compensation from the owner thereof for any trouble or expense which he incurs respecting it, except to the same extent as a borrower under §§ 43-37-11 and 43-37-12.

Source: CivC 1877, § 1710; CL 1887, § 4334; RCivC 1903, § 2030; RC 1919, § 1535; SDC 1939, § 39.0111.

44-1-12. Destruction, disposal, or removal of personal property subject to security interest as felony.

Any mortgagor or grantor of a security interest or other lien of personal property who, while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied, willfully destroys, conceals, sells, or in any manner disposes of or materially injures any part of the property covered by such mortgage, conditional sales agreement, or security agreement without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, or who willfully abandons the property covered by such mortgage, conditional sales agreement, or security agreement without first giving written notice to such secured party of his intention to abandon such property, or who removes any part of the property covered by such mortgage, conditional sales agreement, or security agreement from the county in which such mortgage, conditional sales agreement, or security agreement is filed except temporarily in accordance with the usual and customary use of the same or similar kinds of property while the lien of his mortgage, conditional sales agreement, or security agreement remains in force and unsatisfied without the written consent of the holder of such mortgage, conditional sales agreement, or security agreement, is guilty of a Class 6 felony.

Source: PenC 1877, § 579; CL 1887, § 6933; RPenC 1903, § 767; RC 1919, § 4380; SL 1925, ch 110; SL 1927, ch 68; SDC 1939, § 13.4402; SL 1972, ch 235; SL 1983, ch 306.

44-1-13. Priority of lien securing future advances.

A lien document containing a written provision securing the repayment of future advances, whether or not the lien creditor is obligated to make such future advances, has priority over all subsequent encumbrancers to the extent of all sums advanced, with interest thereon, with the same effect as if the entire sum had been advanced at the time of the creation of the lien.

Source: SL 1985, ch 339.