SDCL § 43-13-6: Owner of servient tenement cannot hold servitude--Extinguishment of servitude.

Except as provided in § 43-13-6.1, a servitude on a servient tenement may not be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.