§ 43-13-2 — Easements--Definition--Classification.

The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements: (1) The right of pasturage; (2) The right of fishing; (3) The right of taking game; (4) The right of way; (5) The right of taking water, wood, minerals, and other things; (6) The right of transacting business upon land; (7) The right of conducting lawful sports upon land; (8) The right of receiving air, light, or heat from or over, or discharging the same upon or over land; (9) The right of receiving water from or discharging the same upon land; (10) The right of flooding land; (11) The right of having water flow without diminution or disturbance of any kind; (12) The right of using a wall as a party wall; (13) The right of receiving more than natural support from adjacent land or things affixed thereto; (14) The right of having the whole of a division fence maintained by a coterminous owner; (15) The right of having public conveyances stopped, or of stopping the same on land; (16) The right of burial; (17) The right of preserving land areas for public recreation, education, or scenic enjoyment; (18) The right of preserving historically important land area or structures; (19) The right of preserving natural environmental systems.

Legislative History

CivC 1877, § 244; CL 1887, § 2760; RCivC 1903, § 267; RC 1919, § 337; SDC 1939, § 51.0601; SL 1982, ch 296.