South Dakota Statutes

§ 43-23-1 — Erection and maintenance of partition fence--Liability of owners of adjoining land.

South Dakota·Title 43 PROPERTY·Ch. 43-23 PARTITION FENCES
Unless adjoining landowners otherwise agree, every owner of land shall be liable for one - half of the expense of erecting and maintaining a partition fence between his own and adjoining lands. However, no owner of land is liable for such expense if neither keeps livestock on the affected tract of land and neither derives any other substantial benefit from the fence for a period of five years from the date of erection or repair of the fence.

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South Dakota § 43-23-1 (Erection and maintenance of partition fence--Liability of owners of adjoining land.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Jensen Ranch, Inc. v. Marsden
440 N.W.2d 762 (South Dakota Supreme Court, 1989)
32 case citations
Catron Land Co. v. Kane
304 N.W.2d 123 (South Dakota Supreme Court, 1981)

Legislative History

SL 1909, ch 197, § 1; RC 1919, § 10531; SL 1919, ch 204; SDC 1939, § 19.0101; SL 1988, ch 350, § 1.

Nearby Sections

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