prudent buyer inquiry (South Dakota) · Go Syfert
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prudent buyer inquiry in South Dakota

7 South Dakota opinions name it 1 courts 1980–2008 0 in the last five years

The cases below were cited by South Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Wiege v. Knockgreen
sd · 1980 · cited in 5 South Dakota opinions naming this issue, 1985–2008
2 sentences

1996The grantee is bound where a reasonably careful inspection of the premises would disclose the existence of the easement or where the grantee has knowledge of facts sufficient to put a prudent buyer on inquiry.” *617 Townsend v. Yankton Super 8 Motel, Inc., 371 N.W.2d 162, 165 (S.D.1985) (quoting Wiege v. Knock, 293 N.W.2d 146, 148 (S.D. 1980)). [¶ 14] Constructive notice does not require the purchaser to ascertain the exact terms of an easement solely through circumstances.

1985The grantee is bound where a reasonably careful inspection of the premises would disclose the existence of the easement or where the grantee has knowledge of facts sufficient to put a prudent buyer on inquiry. 293 N.W.2d at 148 .

35
Townsend v. Yankton Super 8 Motel, Inc.green
sd · 1985 · cited in 2 South Dakota opinions naming this issue, 1995–1996
2 sentences

1996The grantee is bound where a reasonably careful inspection of the premises would disclose the existence of the easement or where the grantee has knowledge of facts sufficient to put a prudent buyer on inquiry.” *617 Townsend v. Yankton Super 8 Motel, Inc., 371 N.W.2d 162, 165 (S.D.1985) (quoting Wiege v. Knock, 293 N.W.2d 146, 148 (S.D. 1980)). [¶ 14] Constructive notice does not require the purchaser to ascertain the exact terms of an easement solely through circumstances.

1995See Townsend v. Yankton Super 8 Motel, Inc., 371 N.W.2d 162, 164-65 (S.D.1985) (constructive notice of an unrecorded easement exists under SDCL 17-1-4 when purchaser or his agent has sufficient knowledge of the facts to put the prudent buyer on inquiry); Steele v. Pfeifer, 310 N.W.2d 782, 786 (S.D.1981) (notice of easement is determined by whether the purchaser had sufficient facts to inquire about the situation).

22
Steele v. Pfeifergreen
sd · 1981 · cited in 2 South Dakota opinions naming this issue, 1985–1995
2 sentences

1995See Townsend v. Yankton Super 8 Motel, Inc., 371 N.W.2d 162, 164-65 (S.D.1985) (constructive notice of an unrecorded easement exists under SDCL 17-1-4 when purchaser or his agent has sufficient knowledge of the facts to put the prudent buyer on inquiry); Steele v. Pfeifer, 310 N.W.2d 782, 786 (S.D.1981) (notice of easement is determined by whether the purchaser had sufficient facts to inquire about the situation).

1985See also Steele v. Pfeifer, 310 N.W.2d 782 (S.D.1981).

22
Madson v. Ballougreen
sd · 1935 · cited in 1 South Dakota opinions naming this issue, 1981–1981
2 sentences

1981“If facts are sufficient to put a purchaser of a title or lien upon inquiry of any adverse right or equity of a third party, his want of diligence in making such inquiry is equivalent to a want of good faith.” Madson v. Ballou, 63 S.D. 501, 505 , 260 N.W. 831, 833 (1935).

1981“If facts are sufficient to put a purchaser of a title or lien upon inquiry of any adverse right or equity of a third party, his want of diligence in making such inquiry is equivalent to a want of good faith.” Madson v. Ballou, 63 S.D. 501, 505 , 260 N.W. 831, 833 (1935).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Gilmore v. New Beck Levee District, Harrison County green
iowa · 1973
1 sentence

1980Gilmore v. New Beck Levee District, Harrison County, 212 N.W.2d 477 (Iowa 1973); Putnam v. Dickinson, 142 N.W.2d 111 (N.D.1966); Magnuson v. Coburn, 154 Neb. 24 , 46 N.W.2d 775 (1951); 28 C.J.S.

11980–1980
Magnuson v. Coburn green
neb · 1951
2 sentences

1980Gilmore v. New Beck Levee District, Harrison County, 212 N.W.2d 477 (Iowa 1973); Putnam v. Dickinson, 142 N.W.2d 111 (N.D.1966); Magnuson v. Coburn, 154 Neb. 24 , 46 N.W.2d 775 (1951); 28 C.J.S.

1980Gilmore v. New Beck Levee District, Harrison County, 212 N.W.2d 477 (Iowa 1973); Putnam v. Dickinson, 142 N.W.2d 111 (N.D.1966); Magnuson v. Coburn, 154 Neb. 24 , 46 N.W.2d 775 (1951); 28 C.J.S.

11980–1980
Putnam v. Dickinson green
nd · 1966
1 sentence

1980Gilmore v. New Beck Levee District, Harrison County, 212 N.W.2d 477 (Iowa 1973); Putnam v. Dickinson, 142 N.W.2d 111 (N.D.1966); Magnuson v. Coburn, 154 Neb. 24 , 46 N.W.2d 775 (1951); 28 C.J.S.

11980–1980

Statutes the citing opinions construe

SD § S.D. Codified Laws § 17-1-4 (4) SD § S.D. Codified Laws § 43-13-5 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

SD 7 (1980–2008) TX 2 (1978–1990)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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