43-23-2. Duty of adjoining owner of land to build half of partition fence.
Unless otherwise agreed upon, if adjoining landowners are liable for one-half of the expense of erecting and maintaining a partition fence pursuant to §43-23-1, each owner of adjoining lands shall build that half of the fence which shall be upon his right hand when he stands upon his own land and faces the line upon which the proposed fence is to be built.
Source: SL 1909, ch 197, §2; RC 1919, §10532; SDC 1939, §19.0102; SL 1988, ch 350, §2.