South Dakota Codified Laws
Chapter 24 - Local Option Woven Wire Fences
Section 43-24-5 - Fence upon which owners of adjoining lands agree is a legal fence.

43-24-5. Fence upon which owners of adjoining lands agree is a legal fence.
Any fence upon which the owners of such adjoining lands may agree, shall be a legal fence.

Source: SL 1917, ch 237, §3; RC 1919, §10537 (1); SL 1921, ch 236; SDC 1939, §19.0203 (1).

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 24 - Local Option Woven Wire Fences

Section 43-24-1 - Townships covered by chapter--Assessed value of farmland--Petition for township election to make chapter applicable--Form of ballot--Effect of majority vote.

Section 43-24-2 - Adoption of chapter by civil township supersedes partition fence law.

Section 43-24-3 - Owners of adjoining land--Liability for expenses of erecting and maintaining local option partition fence.

Section 43-24-4 - Duty of owner of adjoining land to build half of local option partition fence.

Section 43-24-5 - Fence upon which owners of adjoining lands agree is a legal fence.

Section 43-24-6 - Legal local option partition fence--Disagreement of owners of adjoining lands as to sort of fence--Definition.

Section 43-24-7 - Neglect or refusal to erect half of local option partition fence--Enforcement by adjoining landowner--Service of notice and demand.

Section 43-24-8 - Aggrieved owner of adjoining land--Erection or repair of local option fence after notice and demand on delinquent owner--Recovery of costs and damages.

Section 43-24-9 - Erection of local option partition fence not required when earth is frozen.

Section 43-24-10 - Judgment for construction or repair of local option partition fence is lien upon land of delinquent owner.