South Dakota has a very long claim period of six (6) years, meaning the claimant can enforce the lien at any point within that timeframe after completing their work on a project. However, the property owner has the right to deliver a written demand to the claimant that will limit the enforcement period to thirty (30) days. It’s common practice to file a lien release form once payment has been received.
Laws & Requirements
- Laws: Title 44, Ch. 9
- Signing Requirements (§ 44-9-16): Notary Public
- Time Limit for Recording Lien (§ 44-9-15): One hundred and twenty (120) days
- Deadline for Enforcing Lien (§ 44-9-24 and 44-9-26): Six (6) years from the date of completion; thirty (30) days if the owner requests the lawsuit be initiated sooner.