South Dakota § 43-23-9.1 Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

South Dakota Statutes

§ 43-23-9.1 — Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

South Dakota § 43-23-9.1

Title 43PROPERTY

Ch. 43-23PARTITION FENCES

This text of South Dakota § 43-23-9.1 (Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.) 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 § 43-23-9.1 (2026).

Text

For the purposes of §§ 43-23-1 to 43-23-9 , inclusive, any person who is in physical possession of real property, whether by fee, lease, conveyance, or other lawful means, has the same privileges and obligations as the owner of such property. If the person in physical possession of real property is different from the owner of such property, they may provide for the disposition of rights and responsibilities pursuant to §§ 43-23-1 to 43-23-9 , inclusive, by contract. In the absence of such a contract, both the person in physical possession of real property and the owner of such property may, individually or jointly, exercise such rights and be held liable for such responsibilities as are provided for in §§ 43-23-1 to 43-23-9 , inclusive.

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For the purposes of §§ 43-23-1 to 43-23-9 , inclusive, any person who is in physical possession of real property, whether by fee, lease, conveyance, or other lawful means, has the same privileges and obligations as the owner of such property. If the person in physical possession of real property is different from the owner of such property, they may provide for the disposition of rights and responsibilities pursuant to §§ 43-23-1 to 43-23-9 , inclusive, by contract. In the absence of such a contract, both the person in physical possession of real property and the owner of such property may, individually or jointly, exercise such rights and be held liable for such responsibilities as are provided for in §§ 43-23-1 to 43-23-9 , inclusive.