South Dakota Codified Laws
Chapter 23 - Partition Fences
Section 43-23-3 - Fence agreed to by owners of adjoining land is legal fence.

43-23-3. Fence agreed to by owners of adjoining land is legal fence.
Any fence upon which owners of such adjoining lands may agree, shall be a legal fence.

Source: SL 1909, ch 197, §3; RC 1919, §10533; SDC 1939, §19.0103 (1); SL 1949, ch 79.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 23 - Partition Fences

Section 43-23-1 - Erection and maintenance of partition fence--Liability of owners of adjoining land.

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 43-23-5 - Neglect or refusal to erect and maintain half of legal fence--Enforcement by adjoining landowner--Service of notice and demand.

Section 43-23-6 - Aggrieved owner of adjoining land--Erection or repair of fence after notice and demand on delinquent owner--Recovery of costs and damages.

Section 43-23-7 - Erection of partition fence not required when earth is frozen.

Section 43-23-8 - Judgment for construction or repair of partition fence is lien upon land of delinquent owner.

Section 43-23-9 - Removal of partition fence restricted to repair or construction of new fence.

Section 43-23-9.1 - Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

Section 43-23-10 - Opening or injuring fence or gate as misdemeanor.