There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 43 PROPERTY
Chapter 30. Marketable Title To Real Estate
§9-02. Rights-of-way as encumbrances.
SD Codified L § 43-30S-9-2 (through 2011) What's This?
9-02. Rights-of-way as encumbrances. A covenant of warranty should not be considered broken by the existence of a highway or railway, or right-of-way for either, upon the land conveyed by an instrument of conveyance, unless otherwise particularly specified in the deed. However, the existence of such highway, railway, or right-of-way should be noted.
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