43-23-1. Erection and maintenance of partition fence--Liability of owners of adjoining land.
Unless adjoining landowners otherwise agree, every owner of land shall be liable for one-half of the expense of erecting and maintaining a partition fence between his own and adjoining lands. However, no owner of land is liable for such expense if neither keeps livestock on the affected tract of land and neither derives any other substantial benefit from the fence for a period of five years from the date of erection or repair of the fence.
Source: SL 1909, ch 197, §1; RC 1919, §10531; SL 1919, ch 204; SDC 1939, §19.0101; SL 1988, ch 350, §1.