43-16-2. Coterminous owner--Right to lateral and subjacent support.
Each coterminous owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations.
Source: CivC 1877, §268; CL 1887, §2784; RCivC 1903, §291; RC 1919, §361; SDC 1939, §51.0702.
Structure South Dakota Codified Laws
Chapter 16 - Land Boundaries Monuments And Subsurface Rights
Section 43-16-1 - Owner of land in fee, right to surface and things beneath or above it.
Section 43-16-2 - Coterminous owner--Right to lateral and subjacent support.
Section 43-16-3 - Land bounded by road or street--Scope of ownership.
Section 43-16-4 - Ownership of tree on land determined by the location of its trunk.
Section 43-16-5 - Boundaries and monuments--Maintenance by coterminous owners.
Section 43-16-6 - Monument designating point in boundary--Malicious removal as misdemeanor.
Section 43-16-7 - Defacing or altering boundary marker as misdemeanor.
Section 43-16-8 - Malicious removal of tree used as boundary marker as misdemeanor.