South Dakota Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence

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US-01134BG
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Description

A partition fence is one erected on the boundary line between two adjoining landowners, where there is no road, alley, or such between them. As a general rule, a partition fence built on a boundary line is owned by the adjoining landowners as tenants in common. A landowner has no duty at common law to construct or maintain a fence except with regard to grazing animals. Generally the duty to construct or maintain a partition fence is established by contract, covenant, agreement, or statute.


This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A tenant has the right to possession and "quiet enjoyment" of the property he or she is renting - that is, to be free from unreasonable interference by the landlord or other persons. The landlord has the right to make a reasonable inspection, but only with a prior 24-hour notice to the tenant and at a reasonable time.

The South Dakota Condominium Law regulates condominium associations in the state. These condominium associations must explicitly choose to be governed by this Act by recording a declaration or master deed in the county register of deeds where the condominium is situated.

43-32-13 Modification of lease--Written notice by landlord, effect--Termination by tenant. 43-32-14 Retention of possession by lessee after expiration of hiring--Acceptance of rent by lessor--Renewal of hiring--Terms. 43-32-15 Renewal of hiring of real property presumed unless notice given of termination.

Citation of code. The code enacted into law by § 2-16-13, and as hereafter amended and supplemented and printed and published pursuant to law, shall be known as the South Dakota Codified Laws and may be cited as "SDCL" followed by the number of the title, chapter, or section, as appropriate.

Codified Law 43-32-35 | South Dakota Legislature. 43-32-35. Service animal documentation requirements. The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation.

False reporting to authorities is a Class 1 misdemeanor.

Unless adjoining landowners otherwise agree, all landowners are liable for one-half of the expense of erecting and maintaining a partition fence between adjoining lands. Each landowner must build the half of the fence that is on the right-hand side when they stand on their own land, facing the property line.

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South Dakota Demand on Adjoining Landowner to Repair Portion of Damaged Partition Fence