Granting and holding of servitudes not attached to land.

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

The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:

(1)The right to pasture, and of fishing and taking game;

(2)The right of a seat in church;

(3)The right of burial;

(4)The right of taking rents and tolls;

(5)The right of way;

(6)The right of taking water, wood, minerals, or other things.

Source: CivC 1877, §245; CL 1887, §2761; RCivC 1903, §268; RC 1919, §338; SDC 1939, §51.0602.


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