2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-20 - Partition fence agreement.

15-3-20. Partition fence agreement.
Adjacent landowners in an unincorporated area of the state may agree to waive the provisions of this chapter. The agreement may, but need not, be in the following form:
This document prepared by:
Name: ________________________
Address: ______________________
______________________
Telephone: ____________________
PARTITION FENCE AGREEMENT
This Agreement is made this __________ day of _____________, 20 _____.
WHEREAS, _________________________, and _____________________________
is/are the owner(s) of certain real property described as follows:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
designated hereafter as "Tract A"; and
WHEREAS, ___________________________, and ___________________________
is/are the owner(s) of real property adjoining the above-described property and described as follows: _________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
designated hereafter as "Tract B"; and
WHEREAS, there is a partition fence separating the property described above.
NOW, THEREFORE, it is hereby agreed as follows:
The partition fence separating Tract A and Tract B is for the mutual convenience of the owners. The partition fence does not necessarily reflect the actual or true boundary line separating Tract A and Tract B. The partition fence is placed and constructed to accommodate surface terrain rather than identify the actual legal property lines. To the extent that the partition fence deviates from the legal property line, the owners agree that neither holds the possession adversely to the other as contemplated in South Dakota Codified Laws chapter 15-3. Due to the cost of replacing and repositioning the partition fence, neither the owner of Tract A or the owner of Tract B at this time desires to do so.
Nothing in this agreement restricts the right of the owner of either tract in the future, to exercise the right to have the partition fence repaired or repositioned upon the legal property line. Ownership and right of possession of the real property and the real estate tax attendant to the real property are governed by the records in the Register of Deeds for ______________ County.
Dated this ________ day of ___________, 20 ____.
_____________________________ ________________________________
Owner, Tract A Owner, Tract A
County of _________________
State of ___________________
On this _______ day of ____________, 20 ____, before me, the undersigned officer, personally appeared __________________ and __________________, Owners of Tract A above described, known to me or satisfactorily proven to be the person(s) whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
___________________________________
Notary Public, South Dakota
My commission expires: _______________
Notary Printed Name: __________________
Dated this _____ day of __________, 20 _____.
________________________________ __________________________________
Owner, Tract B Owner, Tract B
County of _______________________
State of _________________________
On this ____ day of __________, 20 ____, before me, the undersigned officer, personally appeared ___________________________ and ________________________________, Owners of Tract B above described, known to me or satisfactorily proven to be the person(s) whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
___________________________________
Notary Public, South Dakota
My commission expires: _______________
Notary Printed Name: __________________
Source:
SL 2018, ch 125, §1.