South Dakota Codified Laws
Chapter 23 - Partition Fences
Section 43-23-9.1 - Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.

43-23-9.1. Privileges and obligations of persons in physical possession--Contract with owner--Rights and liabilities of parties absent contract.
For the purposes of §§43-23-1 to 43-23-9, inclusive, any person who is in physical possession of real property, whether by fee, lease, conveyance, or other lawful means, has the same privileges and obligations as the owner of such property. If the person in physical possession of real property is different from the owner of such property, they may provide for the disposition of rights and responsibilities pursuant to §§43-23-1 to 43-23-9, inclusive, by contract. In the absence of such a contract, both the person in physical possession of real property and the owner of such property may, individually or jointly, exercise such rights and be held liable for such responsibilities as are provided for in §§43-23-1 to 43-23-9, inclusive.

Source: SL 1988, ch 351.

Structure South Dakota Codified Laws