43-16-4. Ownership of tree on land determined by the location of its trunk.
Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another.
Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.
Source: CivC 1877, §§269, 270; CL 1887, §§2785, 2786; RCivC 1903, §§292, 293; RC 1919, §§362, 363; SDC 1939, §51.0705.
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.