Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-16-1 Owner of land in fee, right to surface and things beneath or above it
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The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. Source: CivC 1877, § 265; CL 1887, § 2781; RCivC 1903, § 288; RC 1919, § 358; SDC 1939, § 51.0701.
SDCL § 43-16-2 Coterminous owner--Right to lateral and subjacent support
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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 a…
SDCL § 43-16-3 Land bounded by road or street--Scope of ownership
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An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. Source: CivC 1877, § 267; CL 1887, § 2783; RCivC 1903, § 290; RC 1919, § 360; SDC 1939, § 51.0704.
SDCL § 43-16-4 Ownership of tree on land determined by the location of its trunk
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Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another. Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. Source: CivC 1877, §§ 269, 270; CL 18…
SDCL § 43-16-5 Boundaries and monuments--Maintenance by coterminous owners
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Coterminous owners are mutually bound equally to maintain the boundaries and monuments between them. Source: CivC 1877, § 272; CL 1887, § 2788; RCivC 1903, § 295; RC 1919, § 365; SDC 1939, § 51.0711.
SDCL § 43-16-6 Monument designating point in boundary--Malicious removal as misdemeanor
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Any person who maliciously removes any monument of stone, wood, or other material, erected for the purpose of designating any point in the boundary of any lot or tract of land, is guilty of a Class 2 misdemeanor. Source: PenC 1877, § 709, subdiv 1; CL 1887, § 6900, subdiv 1; RPen…
SDCL § 43-16-7 Defacing or altering boundary marker as misdemeanor
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Any person who maliciously defaces or alters the marks upon any tree, post, or other monument, made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, is guilty of a Class 2 misdemeanor. Source: PenC 1877, § 709, subdiv 2; CL 18…
SDCL § 43-16-8 Malicious removal of tree used as boundary marker as misdemeanor
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Any person who maliciously cuts down or removes any tree upon which marks have been made for the purpose of designating any point, course, or line in the boundary of any lot or tract of land, with intent to destroy such marks, is guilty of a Class 2 misdemeanor. Source: PenC 1877…