A servitude acquired by enjoyment is extinguished by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment.
S.D. Codified Laws § 43-13-13
Servitude acquired by enjoyment extinguished by disuse for prescribed period
Applied in 1 court decision — leading case Shippy v. Hollopeter (1981)
Most recently applied in Shippy v. Hollopeter (April 1981)
Source: CivC 1877, § 254, subdiv 4; CL 1887, § 2770, subdiv 4; RCivC 1903, § 277, subdiv 4; RC 1919, § 347 (4); SDC 1939, § 51.0609 (4).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.