{"id":376278,"date":"2017-12-11T16:13:57","date_gmt":"2017-12-11T21:13:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/property-line-and-fence-laws-in-south-dakota.html"},"modified":"2018-01-23T15:31:17","modified_gmt":"2018-01-23T20:31:17","slug":"property-line-and-fence-laws-in-south-dakota","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/property-line-and-fence-laws-in-south-dakota.html","title":{"rendered":"Property Line and Fence Laws in South Dakota"},"content":{"rendered":"\n
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Property Line and Fence Laws in South Dakota<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Living with neighbors is not always as harmonious as we would like. Next door neighbors must make joint decisions about fences and trees along the boundary line, and unfortunately it’s all too common for these issues to be a source of conflict. Read on to learn more about boundary fence and tree trimming laws in South Dakota.<\/p>\n

Boundary and "Spite Fence" Laws in South Dakota<\/h2>\n

Like many other states, South Dakota has passed statues that specifically govern partition fences that divide plots of land. South Dakota Codified Laws set forth the rules regarding building partition fences, and responsibility for their maintenance. The law also provides a remedy for landowners when a neighbor refuses to maintain a boundary fence.<\/p>\n

South Dakota courts have also created case law regarding "spite fences." Various states have different rules about how a court determines if a particular structure is a "spite fence." In South Dakota, courts adhere to the "sole-purpose test," which means that a court will find a structure to be a nuisance if it’s built for the sole purpose of annoying or inconveniencing a neighbor.<\/p>\n

The following chart provides more information about property line and fence laws in South Dakota.<\/p>\n\n

Statutes and Case Law<\/b><\/p>\n<\/td>\n

Boundary Fences<\/b><\/p>\n<\/td>\n

Spite Fences<\/b><\/p>\n<\/td>\n

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  • Building of a spite fence can be enjoined only if it provides no "benefit or pleasure" to the builder, and instead is built "solely with the malicious motive of injuring the plaintiff by shutting out his light, air, or view."<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Tree Trimming<\/b><\/p>\n<\/td>\n