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S.D. Codified Laws § 43-13-2

Easements--Definition--Classification

Applied in 6 court decisions — leading case Benson v. State (2006)

Most recently applied in Ehlebracht v. Deuel Cnty. Pln. Comm'n and Crowned Ridge Wind II, LLC (March 2022)

Source: CivC 1877, § 244; CL 1887, § 2760; RCivC 1903, § 267; RC 1919, § 337; SDC 1939, § 51.0601; SL 1982, ch 296.

How often courts cite this section

200220102020202220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements:

(1) The right of pasturage;

(2) The right of fishing;

(3) The right of taking game;

(4) The right of way;

(5) The right of taking water, wood, minerals, and other things;

(6) The right of transacting business upon land;

(7) The right of conducting lawful sports upon land;

(8) The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

(9) The right of receiving water from or discharging the same upon land;

(10) The right of flooding land;

(11) The right of having water flow without diminution or disturbance of any kind;

(12) The right of using a wall as a party wall;

(13) The right of receiving more than natural support from adjacent land or things affixed thereto;

(14) The right of having the whole of a division fence maintained by a coterminous owner;

(15) The right of having public conveyances stopped, or of stopping the same on land;

(16) The right of burial;

(17) The right of preserving land areas for public recreation, education, or scenic enjoyment;

(18) The right of preserving historically important land area or structures;

(19) The right of preserving natural environmental systems.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.