South Dakota Statutes
§ 43-23-1 — Erection and maintenance of partition fence--Liability of owners of adjoining land.
South Dakota § 43-23-1
This text of South Dakota § 43-23-1 (Erection and maintenance of partition fence--Liability of owners of adjoining land.) 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 § 43-23-1 (2026).
Text
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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Related
Jensen Ranch, Inc. v. Marsden
440 N.W.2d 762 (South Dakota Supreme Court, 1989)
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
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Repealed§ 43-11-10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 § 43-23-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-23-1.