Title 43 — PROPERTY
57 chapters · 841 sections in this title.
SDCL § 43-24-1 Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote
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This chapter shall not take effect and be in force in any township in this state where the average assessed valuation of agricultural or farmlands is less than thirty dollars per acre, unless a petition signed by at least ten percent of the legal freeholders of said civil townshi…
SDCL § 43-24-10 Judgment for construction or repair of local option 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 thereupon except taxes. Source: SL 1917, ch 237 , § 4; RC 1919, § 10538; SDC 1939, § 19.0206.
SDCL § 43-24-2 Adoption of chapter by civil township supersedes partition fence law
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So long as this chapter is operative in any civil township, its provisions shall supersede the provisions of §§ 43-23-1 to 43-23-9 , inclusive. Source: SL 1917, ch 237 , § 6; RC 1919, § 10540; SDC 1939, § 19.0202.
SDCL § 43-24-3 Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence
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Every owner of land is bound to bear one - half of the expense of erecting and maintaining partition fences between his own and adjoining lands. Source: SL 1917, ch 237 , § 1; RC 1919, § 10535; SDC 1939, § 19.0204.
SDCL § 43-24-4 Duty of owner of adjoining land to build half of local option partition fence
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Unless otherwise agreed upon each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built. Source: SL 1917, ch 237 , § 2; RC 1919, § 10536; SDC …
SDCL § 43-24-5 Fence upon which owners of adjoining lands agree is a legal fence
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Any fence upon which the owners of such adjoining lands may agree, shall be a legal fence. Source: SL 1917, ch 237 , § 3; RC 1919, § 10537 (1); SL 1921, ch 236 ; SDC 1939, § 19.0203 (1).
SDCL § 43-24-6 Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition
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When such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound posts at least six and one - half feet long and four inches in diameter, or standard steel posts, and firmly set at least two feet in the earth and not over twenty feet ap…
SDCL § 43-24-7 Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand
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If any owner of any land 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 adjoining land may serve upon such delinquent owner a notice in writing, demanding that the delinquent owner sh…
SDCL § 43-24-8 Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages
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If the delinquent owner so served with notice fails or refuses to erect or repair such partition fence within the time specified in § 43-24-7 , the aggrieved owner of such adjoining land may erect or repair such partition fence, and may recover the cost of erecting or repairing t…
SDCL § 43-24-9 Erection of local option partition fence not required when earth is frozen
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Such delinquent owner shall not be required to erect such partition fence at any season when the earth is frozen. Source: SL 1917, ch 237 , § 4; RC 1919, § 10538; SDC 1939, § 19.0206.