43-12-2. Classification of covenants running with land. The only covenants which run with the land are:
(1) Those made for the direct benefit of the property or some part of it, then in existence;
(2) Covenants of warranty for quiet enjoyment or for further assurance, on the part of the grantor;
(3) Covenants for the payment of rent or of taxes or assessments upon the land, on the part of a grantee; and
(4) All covenants incidental to any of the foregoing covenants.Source: CivC 1877, §§ 820 to 822; CL 1887, §§ 3444 to 3446; RCivC 1903, §§ 1137 to 1139; RC 1919, §§ 744 to 746; SDC 1939, § 51.0424.