43-23-1. Erection and maintenance of partition fence--Liability of owners of adjoining land.
Unless adjoining landowners otherwise agree, every owner of land shall be liable for one-half of the expense of erecting and maintaining a partition fence between his own and adjoining lands. However, no owner of land is liable for such expense if neither keeps livestock on the affected tract of land and neither derives any other substantial benefit from the fence for a period of five years from the date of erection or repair of the fence.
Source: SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §1.
Structure South Dakota Codified Laws
Section 43-23-2 - Duty of adjoining owner of land to build half of partition fence.
Section 43-23-3 - Fence agreed to by owners of adjoining land is legal fence.
Section 43-23-4 - Description and specifications for legal partition fence--Wire spacing.
Section 43-23-4.1 - Legal fences for buffalo.
Section 43-23-7 - Erection of partition fence not required when earth is frozen.
Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.
Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.