Granting and holding of servitudes not attached to land
Applied in 2 court decisions — leading case Benson v. State (2006)
Most recently applied in Benson v. State (January 2006)
Source: CivC 1877, § 245; CL 1887, § 2761; RCivC 1903, § 268; RC 1919, § 338; SDC 1939, § 51.0602.
The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:
(1) The right to pasture, and of fishing and taking game;
(2) The right of a seat in church;
(3) The right of burial;
(4) The right of taking rents and tolls;
(5) The right of way;
(6) The right of taking water, wood, minerals, or other things.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.