Changes to Existing Law

SB215 — Remove the prohibition against a landowner having an easement on the landowner's property.

2 sections modified+20-447

View:

§ 43-13

New Section

+20

NEW SECTION added to Chapter 43-13

The common law doctrine of merger does not apply to a servitude held by the owner ~~of the servient tenement.~~

§ 43-13-6

Repealed

-447

Section 43-13-6 — REPEALED

Except as provided in § 43-13-6.1 , a servitude on a servient tenement may not be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person. Source: CivC 1877, §§ 248, 254, subdiv 1; CL 1887, §§ 2764, 2770, subdiv 1; RCivC 1903, §§ 271, 277, subdiv 1; RC 1919, §§ 341, 347 (1); SDC 1939, §§ 51.0604, 51.0609 (1); SL 2025, ch 182, § 1.