Who Legally Owns Fence Between Two Houses In South Dakota?

If there is a fence between your house and your neighbor's house who is responsible for the maintenance and upkeep in South Dakota?

In South Dakota, the legal ownership of the fence between two neighboring properties is generally split evenly between the two property owners.

The state has laws that establish what is known as "partition fences". These are fences that sit directly on the property line between two parcels of land.

According to South Dakota Codified Law 43-24, partition fences are to be maintained and kept in good repair at the joint and equal expense of the owners of the lands on both sides.

This means that unless there is a preexisting agreement or easement stating otherwise, the fence is considered jointly owned by the adjacent landowners.

The law goes on to state that if one neighbor refuses to pay their fair share of the fence maintenance costs, the other neighbor can complete the repairs and then seek reimbursement for half the expenses in civil court.

There are also provisions that allow neighbors to agree in writing to have one party take full ownership and responsibility for the partition fence.

Overall, the general rule in South Dakota is that a fence on the property line is a shared asset that both landowners are required to help maintain and pay for equally.

The laws aim to promote good neighborly relations and prevent disputes over fence ownership.