South Dakota Statutes
§ 43-13-12 — Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
South Dakota § 43-13-12
This text of South Dakota § 43-13-12 (Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 43-13-12 (2026).
Text
A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise.
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Related
Brown v. Cahanson
2007 SD 134 (South Dakota Supreme Court, 2007)
Graves v. Dennis
2004 SD 137 (South Dakota Supreme Court, 2004)
Swaby v. Northern Hills Regional Railroad Authority
2009 SD 57 (South Dakota Supreme Court, 2009)
Boyer v. Dennis
2007 SD 121 (South Dakota Supreme Court, 2007)
Swaby v. NORTHERN HILLS REGIONAL RAILROAD AUTH.
2009 SD 57 (South Dakota Supreme Court, 2009)
Legislative History
CivC 1877, § 254, subdiv 3; CL 1887, § 2770, subdiv 3; RCivC 1903, § 277, subdiv 3; RC 1919, § 347 (3); SDC 1939, § 51.0609 (3).
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-13-12, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-13-12.