Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-23-1 Erection and maintenance of partition fence--Liability of owners of adjoining land
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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…
SDCL § 43-23-10 Opening or injuring fence or gate as misdemeanor
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Any person who shall intentionally open, or leave open, let down, throw down, tear down, or prostrate any fence, gate, or bars, legally constructed, located, and lawfully maintained, which encloses a meadow, pasture, livestock range, or private other inclosure, is guilty of a Cla…
SDCL § 43-23-2 Duty of adjoining owner of land to build half of partition fence
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Unless otherwise agreed upon, if adjoining landowners are liable for one - half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 , each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands …
SDCL § 43-23-3 Fence agreed to by owners of adjoining land is legal fence
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Any fence upon which owners of such adjoining lands may agree, shall be a legal fence. Source: SL 1909, ch 197 , § 3; RC 1919, § 10533; SDC 1939, § 19.0103 (1); SL 1949, ch 79 .
Description and specifications for legal partition fence--Wire spacing
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Where such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound wood posts at least six and one - half feet long and four inches in diameter, and firmly set at least two feet in the earth and not over thirty feet apart, or concrete po…
SDCL § 43-23-4.1 Legal fences for buffalo
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A legal fence for buffalo is the same as provided in § 43-23-4 , except as provided in this section. A legal fence for buffalo may use smooth wire rather than barbed wire. All posts shall be of sufficient length to provide for fifty - four inches above the surface, and one additi…
SDCL § 43-23-5 Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand
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If any owner of any land who is liable for one - half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 neglects or refuses to so erect and maintain one - half of a legal fence on the lines separating his land from adjoining land, the owner of the…
SDCL § 43-23-6 Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages
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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 ac…
Erection of partition fence not required when earth is frozen
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The delinquent owner shall not be required to build such partition fence at any season when the earth is frozen. Source: SL 1909, ch 197 , § 4; RC 1919, § 10534; SDC 1939, § 19.0104.
SDCL § 43-23-8 Judgment for construction or repair of partition fence is lien upon land of delinquent owner
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The judgment entered for construction or repair of a partition fence shall be a lien upon the land of the delinquent owner for which it was constructed, superior to all other liens thereon except taxes. Source: SL 1909, ch 197 , § 4; RC 1919, § 10534; SDC 1939, § 19.0104.
SDCL § 43-23-9 Removal of partition fence restricted to repair or construction of new fence
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If adjoining owners of land have shared the expense of erecting and maintaining a partition fence pursuant to the provisions of this chapter, neither owner shall have the right as against the owner of the adjoining lands to remove the same or any part thereof, except for the purp…
SDCL § 43-23-9.1 Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract
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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 …