Easements--Definition--Classification.

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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;

(4)The right of way;

(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.

Source: CivC 1877, §244; CL 1887, §2760; RCivC 1903, §267; RC 1919, §337; SDC 1939, §51.0601; SL 1982, ch 296.


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