The extent of a servitude is determined by the terms of the grant, or the nature of the enjoyment by which it was acquired.
S.D. Codified Laws § 43-13-5
Extent of servitude--Determination
Applied in 15 court decisions — leading case Vander Heide v. Boke Ranch, Inc. (2007)
Most recently applied in Brandt v. County of Pennington (February 2013)
Source: CivC 1877, § 249; CL 1887, § 2765; RCivC 1903, § 272; RC 1919, § 342; SDC 1939, § 51.0604.
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.