reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-2 - Definition of terms.

43-20-2. Definition of terms.
Terms used in this chapter mean:
(1)"Accessory to a corner," any exclusively identifiable physical object whose spatial relationship to the corner is recorded. The term includes bearing trees, bearing objects, monuments, reference monuments, line trees, pits, mounds, charcoal-filled bottles, steel or wooden stakes, or other similar objects;
(2)"Board," the Board of Technical Professions;
(3)"Corner," unless otherwise qualified, a property corner, a property controlling corner, or a public land survey corner;
(4)"Monument," an accessory that is presumed to occupy the exact position of a corner;
(5)"Property controlling corner," any corner that may or may not lie on a property line, but that controls the location for one or more property corners;
(6)"Property corner," a geographic point that controls a property line;
(7)"Public land survey corner," any corner established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the state or federal government;
(8)"Reference monument," a special monument that does not occupy the same geographical position as the corner itself, but whose spatial relationship to the corner is recorded and serves to witness the corner;
(9)"Survey," any field operation in which corners are used to locate streets, roads, utilities, airports, railroads, buildings, dams, canals, drainage ways, or any other works as well as property boundaries;
(10)"Registered land surveyor," a person who is licensed by the board and is in good standing and legally authorized to practice land surveying in this state.
Source:
SL 1967, ch 58, §3; SL 1982, ch 297, §5; SL 1990, ch 309, §4; SL 2019, ch 176, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-3 - Record of corner establishment or restoration--Execution and filing.

43-20-3. Record of corner establishment or restoration--Execution and filing.
A surveyor shall complete, sign, and file with the register of deeds of the county where the corner is situated, a written record of corner establishment or restoration to be known as a "corner file" for every public land survey corner and accessory to the corner which is established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated, or used as control in any survey by the surveyor, and within ninety days thereafter, unless the corner and its accessories are substantially as described in an existing corner record filed in accordance with the provisions of this chapter.
Source:
SL 1967, ch 58, §§4, 12; SL 1982, ch 297, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-4 - Corner records which may be filed.

43-20-4. Corner records which may be filed.
A surveyor may file such corner record as to any property corner, property controlling corner, reference monument, or accessory to a corner.
Source:
SL 1967, ch 58, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-5 - Survey corner required to be filed under chapter--Reconstruction of monument of corner.

43-20-5. Survey corner required to be filed under chapter--Reconstruction of monument of corner.
In every case where a corner record of a public land survey corner is required to be filed under the provisions of this chapter, the surveyor must reconstruct or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be found with facility at all times in the future.
Source:
SL 1967, ch 58, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-6 - Corners established or restored before July 1, 1967--Records may be filed.

43-20-6. Corners established or restored before July 1, 1967--Records may be filed.
Corner records may be filed concerning corners established, reestablished, or restored before July 1, 1967.
Source:
SL 1967, ch 58, §10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-7 - Promulgation of rules.

43-20-7. Promulgation of rules.
The board shall, by rule adopted pursuant to chapter 1-26, prescribe the method of construction and placement of corner markers or monuments used to identify reference points on plats and the information that is necessary to be included in the corner file. The board shall prescribe the form in which the corner record shall be presented and filed.
Source:
SL 1967, ch 58, §6; SL 1982, ch 297, §2; SL 1986, ch 317, §2; SL 1990, ch 309, §4; SL 2019, ch 176, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-8 - Signatures required for filing of corner record.

43-20-8. Signatures required for filing of corner record.
No corner record shall be filed unless the same is signed by a registered surveyor, or, in the case of an agency of the United States government the certificate may be signed by the survey party chief making the survey.
Source:
SL 1967, ch 58, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-10 - Corner record--Filing fee.

43-20-10. Corner record--Filing fee.
The register of deeds of the county in which the corner is located shall charge a recording fee of ten dollars.
Source:
SL 1967, ch 58, §7 (c); SL 1983, ch 305, §1; SL 1989, ch 380; SL 2012, ch 51, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-11 - Filing fees--Exemption of surveys by United States.

43-20-11. Filing fees--Exemption of surveys by United States.
All filings relative to official cadastral surveys of the Bureau of Land Management of the United States of America performed by authorized personnel shall be exempt from filing fees.
Source:
SL 1967, ch 58, §11.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-12 - Completed corner record--Preservation in hardbound book--Numbering and indexing.

43-20-12. Completed corner record--Preservation in hardbound book--Numbering and indexing.
The county register of deeds of the county containing the corner shall receive the completed corner record and preserve it in a hardbound book. The books shall be numbered in numerical order and indexed by legal description showing section, township, and range (or addition, block, and lot).
Source:
SL 1967, ch 58, §7 (a); SL 1982, ch 297, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 20 - Perpetuation Of Survey Corners › Section 43-20-13 - Inspection of corner records.

43-20-13. Inspection of corner records.
The register of deeds shall make these records available for public inspection during all usual office hours.
Source:
SL 1967, ch 58, §7 (b); SL 1982, ch 297, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 21 - Survey And Recording Of Plats › Section 43-21-2 - Refusal or neglect to comply with law requiring plat and survey--Auditor to make and record plat.

43-21-2. Refusal or neglect to comply with law requiring plat and survey--Auditor to make and record plat.
If the owner of any parcel or lot of land that has been divided as set forth in §43-21-1 shall refuse or neglect to cause such plat and survey to be made and recorded within thirty days after written request by the county auditor at the direction of the board of county commissioners then said auditor shall cause such plat to be made from the records of the register of deeds or from an actual survey of the land when necessary and shall have the same recorded.
Source:
SL 1895, ch 154, §3; RPolC 1903, §985; RC 1919, §5815; SDC 1939, §51.1405; SL 1945, ch 214.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 21 - Survey And Recording Of Plats › Section 43-21-3 - Cost of platting, surveying, and recording when made by auditor--Payment by county--Added to tax upon tract of land.

43-21-3. Cost of platting, surveying, and recording when made by auditor--Payment by county--Added to tax upon tract of land.
When the owner of such divided parcels of land fails to comply with the provisions of §43-21-1, the cost of platting and recording, and surveying when necessary, shall be paid by the county and the amount thereof shall be added to the tax upon such tract or lot of land the next ensuing year, which tax when collected shall be credited to the county general fund.
Source:
SL 1895, ch 154, §4; RPolC 1903, §986; RC 1919, §5816; SDC 1939, §51.1405; SL 1945, ch 214.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 21 - Survey And Recording Of Plats › Section 43-21-4 - Description of property in accordance with certified and recorded plat valid.

43-21-4. Description of property in accordance with certified and recorded plat valid.
Such plat being duly certified and recorded, a description of the property in accordance with the numbers and description set forth in such plat shall be deemed a good and valid description of the lots or parcels of land so described.
Source:
SL 1895, ch 154, §3; RPolC 1903, §985; RC 1919, §5815; SDC 1939, §51.1405; SL 1945, ch 214.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 21 - Survey And Recording Of Plats › Section 43-21-4.1 - Recording real property described by metes and bounds.

43-21-4.1. Recording real property described by metes and bounds.
Conveyances describing real property by metes and bounds shall be recorded if a previous conveyance by the same metes and bounds has been made and recorded.
Source:
SL 1979, ch 293.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 21 - Survey And Recording Of Plats › Section 43-21-5 - Plats of federal, state, county, and municipality property--Recording--Exemption from law pertaining to filing of private plats for record--Use for descriptive purposes.

43-21-5. Plats of federal, state, county, and municipality property--Recording--Exemption from law pertaining to filing of private plats for record--Use for descriptive purposes.
Each plat of real property acquired by the forest service of the United States Department of Agriculture, the State Department of Transportation, the South Dakota Building Authority, and the several counties and municipalities of the State of South Dakota and, which plat is subscribed to by the forest engineer of the forest service of the United States Department of Agriculture, an authorized agent of the State Department of Transportation, or any registered land surveyor in the employ of the forest service of the United States Department of Agriculture, the State Department of Transportation, the South Dakota Building Authority, or the several counties or municipalities of the State of South Dakota, shall be entitled to record in the office of the register of deeds, in which such lands or any portion thereof are situated without compliance with the provisions of chapter 11-3 or this chapter, pertaining to the filing of plats for record. Any amendments or vacations of plats filed by the forest service of the United States Department of Agriculture, the State Department of Transportation, the South Dakota Building Authority, or several counties or municipalities of the State of South Dakota may be entitled to record in like manner. All plats filed by the counties subsequent to January 1, 1968 shall be valid and covered by the provisions of this section. No plats filed for record under this section may operate of themselves to transfer title to the property described but such plats are for descriptive purposes only.
Source:
SL 1964, ch 98, §§1, 2; SL 1966, ch 84; SL 1968, ch 126; SL 1975, ch 269; SL 1988, ch 348.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 21 - Survey And Recording Of Plats › Section 43-21-6 - Plats of governmental acquisitions filed with director of equalization.

43-21-6. Plats of governmental acquisitions filed with director of equalization.
Notwithstanding the provisions of §43-21-5, copies of plats filed in accordance therewith shall be furnished to the director of equalization in each county wherein such plat is to be filed within ten days after such filing.
Source:
SL 1971, ch 247.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-1 - Designation of South Dakota state plane coordinate system.

43-22-1. Designation of South Dakota state plane coordinate system.
The most recent system of plane coordinates established by the National Geodetic Survey for defining and stating the geographic positions or locations of points on, within, or above the surface of the earth within the State of South Dakota are hereafter to be known and designated as the South Dakota state plane coordinate system.
Source: SL 1947, ch 231, §1; SDC Supp 1960, §18.0301; SL 1988, ch 349, §1; SL 2022, ch 163, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-2 - Division of state into zones for purpose of system.

43-22-2. Division of state into zones for purpose of system.
For the purposes of this chapter, the South Dakota state plane coordinate system is divided into zones established by the National Geodetic Survey as a component of the National Spatial Reference System. Each zone shall be uniquely and consistently defined within the South Dakota state plane coordinate system.
Source: SL 1947, ch 231, §1; SDC Supp 1960, §18.0301; SL 1988, ch 349, §2; SL 2022, ch 163, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-4 - Counties included in south zone.

43-22-4. Repealed.
Source: SL 1947, ch 231, §1; SDC Supp 1960, §18.0301; SL 1983, ch 13, §6; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015; SL 2022, ch 163, §13.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-5 - Zone designations.

43-22-5. Zone designations.
The South Dakota state plane coordinate system shall be named in any land description in which it is used, and the zone used shall be specified.
Source: SL 1947, ch 231, §2; SDC Supp 1960, §18.0302; SL 1988, ch 349, §3; SL 2022, ch 163, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-6 - Definition of system.

43-22-6. Definition of system.
The official geodetic datums that geodetic coordinates, including latitude, longitude, ellipsoid height, orthometric height, or dynamic height, are referenced within this state, shall be defined for the National Spatial Reference System or its successor.
Source: SL 1947, ch 231, §5; SDC Supp 1960, §18.0305 (1); SL 1988, ch 349, §4; SL 2022, ch 163, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-8 - Plane coordinate values--X and Easting--Y and Northing--Definitions.

43-22-8. Plane coordinate values--X and Easting--Y and Northing--Definitions.
The plane coordinate values of a point on the earth's surface, to be used to express the geographic position or location of such point in the appropriate zone of the South Dakota state plane coordinate system, consist of two distances, expressed in feet and decimals of a foot or meters and decimals of a meter. If the values are expressed in feet, a definition of one foot equals 0.3048 meter exactly is used as the standard foot for the South Dakota state plane coordinate system. One of the two distances, to be known as the east or x-coordinate, gives the distance east of the y-axis; the other, to be known as the north or y-coordinate, gives the distance north of the x-axis. The y-axis of any zone is parallel with the central meridian of that zone. The x-axis of any zone is at the right angles to the central meridian of that zone. Height is the coordinate value of the vertical elements of the National Spatial Reference System expressed as feet or meters and identified as ellipsoid height or orthometric height.
Source: SL 1947, ch 231, §3; SDC Supp 1960, §18.0303; SL 1988, ch 349, §6; SL 1991, ch 364; SL 2022, ch 163, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-9 - Recordation of land description based on coordinate system--Limitation.

43-22-9. Recordation of land description based on coordinate system--Limitation.
No coordinates based on the South Dakota state plane coordinate system purporting to define the position of a point on a land boundary may be presented to be recorded in any plat, easement, exhibit, deed, certified corner records, or other document unless the coordinate or coordinates are accompanied by a description of the horizontal datum, realization, and methodology used and published within the same document.
Source: SL 1947, ch 231, §6; SDC Supp 1960, §18.0306; SL 1988, ch 349, §7; SL 2022, ch 163, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-10 - Use of terms on maps, reports of survey, or other documents--Limitation.

43-22-10. Use of terms on maps, reports of survey, or other documents--Limitation.
The use of the term, South Dakota state plane coordinate system, on any map, report of survey, or other documents, is limited to coordinates based on the South Dakota state plane coordinate system as defined in this chapter.
Source: SL 1947, ch 231, §7; SDC Supp 1960, §18.0307; SL 1988, ch 349, §8; SL 2022, ch 163, §7.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-11 - Description of land located in more than one zone.

43-22-11. Description of land located in more than one zone.
If any tract of land to be defined by a single description extends from one coordinate zone into another coordinate zone, the positions of all points on its boundaries may be referred to by the zone that is used being specifically named in the description.
Source: SL 1947, ch 231, §4; SDC Supp 1960, §18.0304; SL 1988, ch 349, §9; SL 2022, ch 163, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-12.1 - Description of location on system of plane coordinates.

43-22-12.1. Description of location on system of plane coordinates.
For purposes of describing the location of any survey station or land boundary corner in the state, it is a complete, legal, and satisfactory description of the location to give the position of the survey station or land boundary corner on the system of plane coordinates defined in this chapter. Whenever coordinates based on the South Dakota state plane coordinate system are used to describe any tract of land that in the same document is also described by reference to any subdivision, line, or corner of the United States Public Lands Survey, the description by coordinates must be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record, and in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States Public Lands Survey prevails over the description by coordinates.
Source: SL 1988, ch 349, §11; SL 2022, ch 163, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 22 - South Dakota Coordinate System › Section 43-22-13 - Purchaser, mortgagee, or insurer not required to rely on description which depends exclusively upon coordinate system.

43-22-13. Purchaser, mortgagee, or insurer not required to rely on description which depends exclusively upon coordinate system.
Nothing contained in this chapter requires a purchaser, mortgagee, or insurer of real property to rely wholly on a land description, any part of which depends exclusively upon the South Dakota state plane coordinate system.
Source: SL 1947, ch 231, §9; SDC Supp 1960, §18.0309; SL 1988, ch 349, §12; SL 2022, ch 163, §10.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-1 - Erection and maintenance of partition fence--Liability of owners of adjoining land.

43-23-1. Erection and maintenance of partition fence--Liability of owners of adjoining land.
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 affected tract of land and neither derives any other substantial benefit from the fence for a period of five years from the date of erection or repair of the fence.
Source:
SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-2 - Duty of adjoining owner of land to build half of partition fence.

43-23-2. Duty of adjoining owner of land to build half of partition fence.
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 upon his own land and faces the line upon which the proposed fence is to be built.
Source:
SL 1909, ch 197, §2; RC 1919, §10532; SDC 1939, §19.0102; SL 1988, ch 350, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-3 - Fence agreed to by owners of adjoining land is legal fence.

43-23-3. Fence agreed to by owners of adjoining land is legal fence.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-4 - Description and specifications for legal partition fence--Wire spacing.

43-23-4. Description and specifications for legal partition fence--Wire spacing.
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 posts six feet or more in length, having a diameter of not less than four inches and having a reinforcing rod not less than one-fourth inch in diameter throughout the full length thereof, firmly set and spaced as in the case of wood posts, or of steel posts not less than five and one-half feet in length, firmly set at least seventeen inches in the earth and not over twenty feet apart, or a combination of steel and concrete or wood posts in a ratio of not more than three steel posts to one of wood or concrete as above specified, firmly set as aforesaid according to the type of post and not over twenty-five feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each at least four strands of ordinary commercial barbed fencing wire, the lower strand to be eighteen inches, the next twenty-eight inches, the third thirty-eight inches, and the fourth forty-eight inches from the earth. A deviation of not more than two inches in the wire spacing shall be considered to be in compliance with this section.
Source:
SL 1909, ch 197, §3; RC 1919, §10533; SDC 1939, §19.0103 (2); SL 1949, ch 79; SL 1973, ch 274.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-4.1 - Legal fences for buffalo.

43-23-4.1. Legal fences for buffalo.
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 additional strand of wire shall be included at fifty-four inches above the earth. The additional cost and maintenance of the legal fence for buffalo, other than an as provided in §43-23-4, shall be borne by the owner or caretaker of the buffalo if only one of the parties partitioned possesses the buffalo.
Source:
SL 2001, ch 224, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-5 - Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand.

43-23-5. Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand.
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 adjoining land may serve upon the delinquent owner a notice in writing demanding that the delinquent owner shall erect or repair, as the case may be, a legal fence along one-half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him.
Source:
SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104; SL 1988, ch 350, §3; SL 1990, ch 350, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 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.

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.
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 action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.
Source:
SL 1909, ch 197, §4; RC 1919, §10534; SDC 1939, §19.0104; SL 1990, ch 350, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-7 - Erection of partition fence not required when earth is frozen.

43-23-7. Erection of partition fence not required when earth is frozen.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-8 - Judgment for construction or repair of partition fence is lien upon land of delinquent owner.

43-23-8. Judgment for construction or repair of partition fence is lien upon land of delinquent owner.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.

43-23-9. Removal of partition fence restricted to repair or construction of new fence.
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 purpose of making immediate repairs or constructing a new fence.
Source:
SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-9.1 - Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

43-23-9.1. Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.
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 of real property is different from the owner of such property, they may provide for the disposition of rights and responsibilities pursuant to §§43-23-1 to 43-23-9, inclusive, by contract. In the absence of such a contract, both the person in physical possession of real property and the owner of such property may, individually or jointly, exercise such rights and be held liable for such responsibilities as are provided for in §§43-23-1 to 43-23-9, inclusive.
Source:
SL 1988, ch 351.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 23 - Partition Fences › Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.

43-23-10. Opening or injuring fence or gate as misdemeanor.
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 Class 2 misdemeanor.
Source:
SL 1919, ch 253; SDC 1939, §19.9901; SL 1983, ch 15, §9.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 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.

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.
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 township on or before February first, in any year, shall be submitted to the township board of supervisors by filing the same in the office of the town clerk, requesting such supervisors to submit to the voters of such civil township at the next township election on a separate ballot, the question whether or not this chapter shall be of force and effect in such civil township. Such ballot shall be in the following form: "Yes ____ No ____ for division and partition fence law." If a majority of voters of such township voting on such proposition shall vote in favor of the division and partition fence law, then this chapter shall be in force and effect in such township.
Source:
SL 1917, ch 237, §5; RC 1919, §10539; SL 1919, ch 205; SDC 1939, §19.0201.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-2 - Adoption of chapter by civil township supersedes partition fence law.

43-24-2. Adoption of chapter by civil township supersedes partition fence law.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-3 - Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.

43-24-3. Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-4 - Duty of owner of adjoining land to build half of local option partition fence.

43-24-4. Duty of owner of adjoining land to build half of local option partition fence.
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 1939, §19.0205.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-5 - Fence upon which owners of adjoining lands agree is a legal fence.

43-24-5. Fence upon which owners of adjoining lands agree is a legal fence.
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).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-6 - Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.

43-24-6. Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.
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 apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each a woven-wire fence thirty-two inches high, the bottom of which shall be firmly stretched even with the ground, which woven-wire fence shall be of eight bars, with six inch stays, and wire to be not smaller than number ten or number thirteen wire; above such woven-wire fence shall be firmly stretched and securely attached to each post at least two strands of ordinary commercial barbed fencing wire, the lowest strand to be four inches from the top of such woven-wire fence and the upper strand to be sixteen inches from the top of such woven-wire fence.
Source:
SL 1917, ch 237, §3; RC 1919, §10537 (2); SL 1921, ch 236; SDC 1939, §19.0203 (2).
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-7 - Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.

43-24-7. Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.
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 shall erect or repair, as the case may be, a legal fence along one-half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him.
Source:
SL 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206; SL 1990, ch 350, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 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.

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.
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 the partition fence in a civil action and, in addition, recover an amount to be determined by the court as compensation for the time spent by the aggrieved owner.
Source:
SL 1917, ch 237, §4; RC 1919, §10538; SDC 1939, §19.0206; SL 1990, ch 350, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-9 - Erection of local option partition fence not required when earth is frozen.

43-24-9. Erection of local option partition fence not required when earth is frozen.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 24 - Local Option Woven-Wire Fences › Section 43-24-10 - Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.

43-24-10. Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.
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.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-1 - Requisites for transfer of certain estates.

43-25-1. Requisites for transfer of certain estates.
An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.
Source:
CivC 1877, §622; CL 1887, §3245; RCivC 1903, §938; RC 1919, §540; SDC 1939, §51.1401.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-2 - Conveyance of interest in property by owner out of possession.

43-25-2. Conveyance of interest in property by owner out of possession.
Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey, and transfer his or her interest in and to the same in as full and complete a manner as if he or she were in actual possession of the lands and premises intended to be conveyed; and the grantee or grantees shall have the same right of action for the recovery thereof, and shall in all respects derive the same benefit and advantage therefrom as if the grantor or grantors had been in actual possession at the time of executing the conveyance.
Source:
SL 1899, ch 109; RCivC 1903, §996; RC 1919, §602; SDC 1939, §51.1409.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-3 - Conclusiveness of grant of estate in real property--Exception.

43-25-3. Conclusiveness of grant of estate in real property--Exception.
Every grant of an estate in real property is conclusive against the grantor and everyone subsequently claiming under him, except a purchaser or encumbrancer who, in good faith, and for a valuable consideration, acquires a title or lien by an instrument that is first duly recorded.
Source:
CivC 1877, §629; CL 1887, §3250; RCivC 1903, §943; RC 1919, §551; SDC 1939, §51.1410.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-4 - Words of inheritance or succession not required to transfer fee in real property.

43-25-4. Words of inheritance or succession not required to transfer fee in real property.
Words of inheritance or succession are not requisite to transfer a fee in real property.
Source:
CivC 1877, §618; CL 1887, §3241; RCivC 1903, §934; RC 1919, §536; SDC 1939, §51.1312.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-5 - Warranty deed--Standard form.

43-25-5. Warranty deed--Standard form.
The standard form of warranty deeds in this state is as follows:
WARRANTY DEED
________, grantor, of ________ county, of ________, for and in consideration of ________ dollars, grants, conveys and warrants to ________, grantee, of ________ P. O. the following described real estate in the county of ________ in the State of South Dakota: __________
__________
__________
__________
Dated this ________ day of ________, 20____.
(Signature) ________________________
(ACKNOWLEDGMENT)
Source:
SL 1911, ch 257, §1; RC 1919, §542; SDC 1939, §51.1403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-6 - Implied covenants and warranties in deed.

43-25-6. Implied covenants and warranties in deed.
Every such instrument duly executed as required by law shall be a conveyance in fee simple of the premises described to the grantee, his heirs, and assigns, with covenants on the part of the grantor, his heirs, and personal representatives,
(1)That he is lawfully seized of the premises in fee simple, and has good right to convey the same;
(2)That the premises are free from all encumbrances;
(3)That he warrants to the grantee, his heirs, and assigns, the quiet and peaceable possession thereof; and
(4)That he will defend the title thereto against all persons who may lawfully claim the same.
Such covenants shall be obligatory upon any grantor, his heirs, and personal representatives, as fully and with like effect as if written at length in such deed.
Source:
SL 1911, ch 257, §1; RC 1919, §542; SDC 1939, §51.1403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-7 - Quitclaim deed--Standard form.

43-25-7. Quitclaim deed--Standard form.
The standard form of quitclaim deeds in this state is as follows:
QUITCLAIM DEED
________, grantor, of ________ county, state of ________, for and in consideration of ________ dollars, conveys and quitclaims to ________, the grantee, of ________ P. O. all interest in the following described real estate in the county of ________ in the State of South Dakota
__________
__________
__________
Dated this ________ day of ________, 20____.
(Signature) __________________________
(ACKNOWLEDGMENT)
Source:
SL 1911, ch 257, §2; RC 1919, §542; SDC 1939, §51.1403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-8 - Right, title, and interest conveyed by quitclaim deed--After-acquired title.

43-25-8. Right, title, and interest conveyed by quitclaim deed--After-acquired title.
Every such instrument, duly executed, shall be a conveyance to the grantee, his heirs, and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after-acquired title, unless words expressing such intention be added.
Source:
SL 1911, ch 257, §2; RC 1919, §542; SDC 1939, §51.1403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-9 - Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.

43-25-9. Other forms of deeds unaffected by standard forms of warranty and quitclaim deeds.
The provisions of §§43-25-5 to 43-25-8, inclusive, do not preclude the use, affect the validity, or control the interpretation of other forms of warranty and quitclaim deeds.
Source:
RC 1919, §543; SDC 1939, §51.1403.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-10 - Use of word "grant" in conveyance--Implied covenants, action to enforce.

43-25-10. Use of word "grant" in conveyance--Implied covenants, action to enforce.
From the use of the word "grant" in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied unless restrained by express terms contained in such conveyance:
(1)That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;
(2)That such estate is, at the time of the execution of such conveyance, free from encumbrances done, made, or suffered by the grantor, or any person claiming under him.
Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
Source:
CivC 1877, §628; CL 1887, §3249; RCivC 1903, §942; RC 1919, §548; SDC 1939, §51.1415.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-11 - Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.

43-25-11. Use of words "remise," "release," or "quitclaim" in conveyance--Implied covenants.
From the use of the words "remise," "release," or "quitclaim" in any conveyance by which an estate or interest in real property is to be passed, the following covenants on the part of the grantor to the grantee, his heirs, or assigns, are implied, unless restricted by express terms contained in such conveyance:
(1)That previous to the time of the execution of such conveyance the grantor has not conveyed the same estate or any right, title, or interest therein to any person other than the grantee; and
(2)That such estate is at the time of the execution of such conveyance free from encumbrances made, done, or suffered by the grantor.
Source:
SL 1909, ch 179, §1; RC 1919, §549; SDC 1939, §51.1416.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-12 - Prior unrecorded conveyance--Rights of purchaser in good faith.

43-25-12. Prior unrecorded conveyance--Rights of purchaser in good faith.
Any person holding real estate or any interest therein under a conveyance in the terms of §43-25-11 shall be deemed a purchaser in good faith and for a valuable consideration, unless such person at the time of the execution and delivery of such conveyance shall have had actual notice or knowledge of a prior unrecorded conveyance affecting the title to such real property.
Source:
SL 1909, ch 179, §2; RC 1919, §550; SDC 1939, §51.1416.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-13 - Lineal and collateral warranties abolished--Exception.

43-25-13. Lineal and collateral warranties abolished--Exception.
Lineal and collateral warranties, with all their incidents, are abolished, except as provided by §§43-25-14 to 43-25-19, inclusive.
Source:
CivC 1877, §633; CL 1887, §3254; RCivC 1903, §947; RC 1919, §555; SDC 1939, §51.1414.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 25 - Deeds And Conveyances › Section 43-25-14 - Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise.

43-25-14. Heirs and devisees answerable for covenant or agreement with reference to land received by descent or devise.
The heirs and devisees of any person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
Source:
CivC 1877, §633; CL 1887, §3254; RCivC 1903, §947; RC 1919, §555; SDC 1939, §51.1414 (1).