South Dakota Statutes

§ 43-16-2 — Coterminous owner--Right to lateral and subjacent support.

South Dakota § 43-16-2
JurisdictionSouth Dakota
Title 43PROPERTY
Ch. 43-16LAND BOUNDARIES, MONUMENTS AND SUBSURFACE RIGHTS

This text of South Dakota § 43-16-2 (Coterminous owner--Right to lateral and subjacent support.) 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 § 43-16-2 (2026).

Text

Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations.

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Related

Salmon v. Peterson
311 N.W.2d 205 (South Dakota Supreme Court, 1981)
4 case citations

Legislative History

CivC 1877, § 268; CL 1887, § 2784; RCivC 1903, § 291; RC 1919, § 361; SDC 1939, § 51.0702.

Nearby Sections

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Bluebook (online)
South Dakota § 43-16-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-16-2.