Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages

If a delinquent owner neglects or refuses to erect or repair a partition fence within the time specified in § 43-23-5 , the aggrieved owner may erect or repair the partition fence. The aggrieved owner may recover the cost of erecting or repairing the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner. Source: SL 1909, ch 197 , § 4; RC 1919, § 10534; SDC 1939, § 19.0104; SL 1990, ch 350 , § 2.