Current through the 2024 Legislative Session
Section 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;(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. CivC 1877, § 244; CL 1887, § 2760; RCivC 1903, § 267; RC 1919, § 337; SDC 1939, § 51.0601; SL 1982, ch 296.