Ownership of tree on land determined by the location of its trunk.

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43-16-4. Ownership of tree on land determined by the location of its trunk.

Trees whose trunks stand wholly upon the land of one owner, belong exclusively to him, although their roots grow into the land of another.

Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common.

Source: CivC 1877, §§269, 270; CL 1887, §§2785, 2786; RCivC 1903, §§292, 293; RC 1919, §§362, 363; SDC 1939, §51.0705.


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