§ 43-13-2 Easements--Definition--Classification.

SD Codified L § 43-13-2 (2019) (N/A)

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43-13-2. Easements--Definition--Classification. The following land burdens or servitudes upon land may be attached to other land as incidents or appurtenances, and are called easements:

(1) The right of pasturage;

(2) The right of fishing;

(3) The right of taking game;

(4) The right of way;

(5) The right of taking water, wood, minerals, and other things;

(6) The right of transacting business upon land;

(7) The right of conducting lawful sports upon land;

(8) The right of receiving air, light, or heat from or over, or discharging the same upon or over land;

(9) The right of receiving water from or discharging the same upon land;

(10) The right of flooding land;

(11) The right of having water flow without diminution or disturbance of any kind;

(12) The right of using a wall as a party wall;

(13) The right of receiving more than natural support from adjacent land or things affixed thereto;

(14) The right of having the whole of a division fence maintained by a coterminous owner;

(15) The right of having public conveyances stopped, or of stopping the same on land;

(16) The right of burial;

(17) The right of preserving land areas for public recreation, education, or scenic enjoyment;

(18) The right of preserving historically important land area or structures;

(19) The right of preserving natural environmental systems.Source: CivC 1877, § 244; CL 1887, § 2760; RCivC 1903, § 267; RC 1919, § 337; SDC 1939, § 51.0601; SL 1982, ch 296.

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§ 43-13-1 Granting and holding of servitudes not attached to land.

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§ 43-13-3 Definition of terms--Dominant tenement--Servient tenement.