# S.D. Codified Laws § 15-3-20: Partition fence agreement

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-20

## Section

- **Citation:** S.D. Codified Laws § 15-3-20
- **Heading:** Partition fence agreement
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 15 / Chapter 3 / Section 15-3-20

## Text

Adjacent landowners in an unincorporated area of the state may agree to waive the provisions of this chapter. The agreement may, but need not, be in the following form:

______________________

PARTITION FENCE AGREEMENT

The partition fence separating Tract A and Tract B is for the mutual convenience of the owners. The partition fence does not necessarily reflect the actual or true boundary line separating Tract A and Tract B. The partition fence is placed and constructed to accommodate surface terrain rather than identify the actual legal property lines. To the extent that the partition fence deviates from the legal property line, the owners agree that neither holds the possession adversely to the other as contemplated in South Dakota Codified Laws chapter 15-3 . Due to the cost of replacing and repositioning the partition fence, neither the owner of Tract A or the owner of Tract B at this time desires to do so.

Nothing in this agreement restricts the right of the owner of either tract in the future, to exercise the right to have the partition fence repaired or repositioned upon the legal property line. Ownership and right of possession of the real property and the real estate tax attendant to the real property are governed by the records in the Register of Deeds for ______________ County.

Source: SL 2018, ch 125, § 1.

## Nearby sections

- [S.D. Codified Laws § 15-3-1 Seizin or possession within twenty years required for action to recover real property or possession](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-1.md)
- [S.D. Codified Laws § 15-3-2 Seizin or possession within twenty years required for cause of action or defense based on title to real property](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-2.md)
- [S.D. Codified Laws § 15-3-3 Limitation of actions based on entry on real estate](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-3.md)
- [S.D. Codified Laws § 15-3-4 Limitation of actions by state based on title to real property](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-4.md)
- [S.D. Codified Laws § 15-3-5 Grantee of state limited by limitations applicable to state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-5.md)
- [S.D. Codified Laws § 15-3-6 Limitation of actions to recover real property after invalidation of state grant](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-6.md)
- [S.D. Codified Laws § 15-3-7 Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-7.md)
- [S.D. Codified Laws § 15-3-8 Tenant's possession deemed that of landlord--Continuation after termination of tenancy](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-8.md)
- [S.D. Codified Laws § 15-3-9 Possessory right not impaired by descent on death of person in possession](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-9.md)
- [S.D. Codified Laws § 15-3-10 Twenty years' possession under written instrument or judgment deemed adverse possession--Tract divided into lots](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-10.md)
- [S.D. Codified Laws § 15-3-11 Acts constituting adverse possession based on written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-11.md)
- [S.D. Codified Laws § 15-3-12 Actual occupation required for adverse possession under claim other than written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-12.md)
- [S.D. Codified Laws § 15-3-13 Acts constituting adverse possession under claim other than written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-13.md)
- [S.D. Codified Laws § 15-3-14 Tolling of statute during disability--Time for commencement of action after removal of disability](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-20. Check the current official text before relying on it. Not legal advice.