There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 43 PROPERTY
Chapter 13. Easements And Servitudes
§43-13-12 Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude.
SD Codified L § 43-13-12 (through 2011) What's This?
43-13-12. Performance of act incompatible with nature or exercise of easement--Extinguishment of servitude. A servitude is extinguished by the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise.
Source: CivC 1877, § 254, subdiv 3; CL 1887, § 2770, subdiv 3; RCivC 1903, § 277, subdiv 3; RC 1919, § 347 (3); SDC 1939, § 51.0609 (3).
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