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The Fence Between Neighbors

SDCL § 43-23-2 — each owner builds the right-hand half, and thirty days' written notice to a neighbor who will not

The right-hand half. Unless they agree otherwise, where adjoining owners share the cost of a partition fence, each builds the half on their right hand when standing on their own land facing the line.

  • SDCL § 43-23-2
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If one neglects or refuses to build or keep up their half, the neighbor may serve written notice demanding they do so within thirty days.

  • SDCL § 43-23-5

A particular fence is a question for a licensed South Dakota attorney.

  • SDCL § 43-23-2
Sources for this section (2)
  1. SDCL § 43-23-2 — Duty of adjoining owner of land to build half of partition fence
  2. SDCL § 43-23-5 — Neglect or refusal to erect and maintain half of legal fence; Enforcement by adjoining landowner; Service of notice and demand

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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