Apportionment of burden or benefit of covenant running with land between several titles.

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43-12-6. Apportionment of burden or benefit of covenant running with land between several titles.

Where several persons holding by several titles are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.

Source: CivC 1877, §826; CL 1887, §3450; RCivC 1903, §1143; RC 1919, §750; SDC 1939, §51.0428.


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