South Dakota Easement Laws

State:
South Dakota
Control #:
SD-EAS-1
Format:
Word; 
Rich Text
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Description

This easement form, an Easement (general fill in blank purposes), provides a perpetual easement and right-of-way over and across real property.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention.

A period of non-use is evidence, but not conclusive evidence, that an easement has been abandoned. The circumstances of each individual case will contribute to the decision and factors showing that the non-user implies abandonment must be evident.

An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.

An Easement has been defined as a privilege to pass over the land of another, whereby the holder of the easement, called the Dominant Estate, acquires only a reasonable and usual enjoyment of the property, and the owner of the land, called the Servient Estate, retains the benefits and privileges of ownership consistent

An easement is a real right on another's property, corporeal and immovable, whereby the owner of the latter must refrain from doing or allowing somebody else to do or something to be done on his property, for the benefit of another person or tenement Unisource Commercial and Development Corporation vs. Chung, G.R. No.

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Restrictions on easements for forest purposes. Shall not affect the Ordinance as a whole, but only that portion so adjudged.(c) Owner agrees to provide Spearfish with a reasonable timeframe in which to complete the relocation of the improvements. 11. Compliance with Laws. This specific restriction is designed to help grassland nesting species, such as ducks and pheasants, complete their nesting before the grass is disturbed. For navigable rivers and lakes, free use extends 50 feet landward from the Low Water Mark, so long as the distance does not extend past the High Water Mark. The status of a public road offers section lines some legal protections, primarily the roadway cannot be obstructed. Condominium ownership with no public right-of-way dedications, drainage or utility easements shall follow South Dakota state statutes;. South Dakota Codified Laws (SDCL) in Chapter 9-45. 300 Sixth Street, Rapid City, SD 57701-2724.

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South Dakota Easement Laws