§ 43-13-1 Granting and holding of servitudes not attached to land
§ 43-13-2 Easements–Definition–Classification
§ 43-13-3 Definition of terms–Dominant tenement–Servient tenement
§ 43-13-4 Creation of servitude–Vested estate in servient tenement necessary
§ 43-13-5 Extent of servitude–Determination
§ 43-13-6 Owner of servient tenement cannot hold servitude–Extinguishment ofservitude
§ 43-13-7 Effect of partition of dominant tenement–Apportionment of burden–Limitation
§ 43-13-8 Use of easements by owner of future estate in dominant tenement
§ 43-13-9 Owner or occupant of dominant tenement–Right to enforce easement
§ 43-13-10 Owner in fee of servient tenement–Action for possession of land–Publicservitude
§ 43-13-11 Destruction of servient tenement extinguishes servitude
§ 43-13-12 Performance of act incompatible with nature or exercise of easement–Extinguishment of servitude
§ 43-13-13 Servitude acquired by enjoyment extinguished by disuse for prescribed period
§ 43-13-17 Granting of wind or solar easements–Recording–Maximumterm–Development of energy potential required–Encumbrances–Encumbrances
§ 43-13-18 Contents of wind or solar easement instruments
§ 43-13-19 Severance of wind or solar energy rights limited
§ 43-13-20 Holder of wind or solar easement, lease, or easement for essential services toaccommodate reasonable development of another holder–Exception
§ 43-13-20.1 Extension of wind development period–Filing of affidavit
§ 43-13-20.2 Development of potential to produce energy from wind power or solar power
§ 43-13-20.3 Additional contents of wind or solar easement documents
§ 43-13-20.4 Waiting period for execution of wind or solar easement or lease
§ 43-13-20.5 Confidentiality agreements
§ 43-13-21 Small wind energy system defined
§ 43-13-22 Large wind energy system defined
§ 43-13-23 Small wind energy system set back requirement–Exception
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Terms Used In South Dakota Codified Laws > Title 43 > Chapter 13 - Easements and Servitudes

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2