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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 43-13-2: Easements--Definition--Classification.

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Where this section sits in the code
  1. TITLE 43. PROPERTY
  2. CHAPTER 43-13. EASEMENTS AND SERVITUDES

The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements:

(1) The right of pasturage;

(2) The right of fishing;

(3) The right of taking game;

(4) The right of way;

(5) The right of taking water, wood, minerals, and other things;

(6) The right of transacting business upon land;

(7) The right of conducting lawful sports upon land;

(8) The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

(9) The right of receiving water from or discharging the same upon land;

(10) The right of flooding land;

(11) The right of having water flow without diminution or disturbance of any kind;

(12) The right of using a wall as a party wall;

(13) The right of receiving more than natural support from adjacent land or things affixed thereto;

(14) The right of having the whole of a division fence maintained by a coterminous owner;

(15) The right of having public conveyances stopped, or of stopping the same on land;

(16) The right of burial;

(17) The right of preserving land areas for public recreation, education, or scenic enjoyment;

(18) The right of preserving historically important land area or structures;

(19) The right of preserving natural environmental systems.

Collected 2026-09-03T15:18:57Z. Source file · JSON

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