Easement Agreement - South Dakota

EASEMENT AGREEMENT

South Dakota Drafting and Recording Packet

Select and describe the property interest before signing. SDCL § 43-13-2
identifies easements attached to other land as appurtenances, while § 43-13-1
lists the servitudes that may be held without attachment to land. For an
appurtenant easement, identify both the Dominant Tenement and the Servient
Tenement. Do not label a right “in gross” unless South Dakota counsel confirms
that the selected right fits § 43-13-1 or another controlling statute.

The written grant controls scope. Under SDCL § 43-13-5, the extent of a
granted servitude is determined by the grant's terms. Complete the legal
descriptions, route, dimensions, uses, access rights, maintenance allocation,
duration, and termination provisions; do not rely on a sketch or broad label
alone.

Do not use unilateral recordation to decide a title dispute. This form does
not permit Grantor to extinguish the Easement merely by alleging nonuse or
breach. Use a holder-signed recordable release, an agreed instrument, a final
court order, an express expiration stated in the grant, or another termination
event that title counsel confirms is legally effective.

Prepared by: [NAME]

Address: [STREET, CITY, STATE ZIP]

Telephone: [NUMBER]

SDCL § 7-9-1 requires a recorded document to state “prepared by” followed by
the preparer's name, address, and telephone number.

DOCUMENT AND PARTY CONTROL

Grantor's vesting instrument: [TYPE, DATE, RECORDING INFORMATION]

Existing mortgages, easements, leases, covenants, and other title matters:

[____________________________________________________________]

Required consents, subordinations, or joinders:

[____________________________________________________________]

TABLE OF CONTENTS

1. Definitions
2. Grant of Easement
3. Consideration
4. Permitted Uses & Use Restrictions
5. Improvements; Maintenance & Repair
6. Term; Termination & Release
7. Representations & Warranties
8. Covenants of the Parties
9. Insurance
10. Indemnification; Limitation of Liability
11. Events of Default; Remedies
12. Recording; Title & Further Assurances
13. Taxes & Assessments
14. Dispute Resolution
15. General Provisions
16. Execution & Acknowledgment

Exhibits:
A. Legal Description of Grantor Property
B. Legal Description of Dominant Tenement, if appurtenant
C. Easement Area Depiction / Metes-and-Bounds
D. Insurance Requirements
E. Counsel-Approved Form of Release or Termination Instrument

1. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings ascribed to them in context.

“Easement” or “Easement Rights” means the non-exclusive, [perpetual / term-limited [TERM]] right granted in Section 2.

“Applicable Law” means the federal, state, tribal, county, and municipal law that applies to the selected property, use, construction, or Party. This defined term does not identify or waive any permit or approval.

“Easement Area” means that portion of the Grantor Property legally described and/or depicted on Exhibit C.

“Effective Date” means [__/__/____], after every condition to effectiveness listed in Schedule 7.2 has been satisfied or waived in a signed writing by the Party protected by that condition.

“Governmental Authority” means any federal, state, county, municipal, or other governmental or quasi-governmental body having jurisdiction over the Property or the Parties.

“Dominant Tenement” means the South Dakota land described in Exhibit B to which
the Easement is attached, if the appurtenant option is selected. SDCL § 43-13-3.

“Grantor Property” or “Servient Tenement” means the South Dakota land described
in Exhibit A upon which the burden is laid. SDCL § 43-13-3.

“Environmental Laws” means the environmental requirements identified by counsel for the selected property and use: [LIST].

“Hazardous Materials” means the substances identified or regulated under the Environmental Laws listed above.

“Permitted Use(s)” has the meaning set forth in Section 4.1.

“SD Law” means the statutory and common law of the State of South Dakota, without regard to conflicts-of-law principles.

2. GRANT OF EASEMENT

2.1 Grant. For good and valuable consideration, the receipt of which is acknowledged, Grantor grants and conveys to Grantee the following selected interest over, across, under, upon, and through the Easement Area for the Permitted Uses:

☐ Appurtenant Easement. The Easement is attached to and benefits the Dominant Tenement described in Exhibit B.

☐ Servitude Not Attached to Land. The selected right is [DESCRIBE], and South Dakota counsel has confirmed that it may be granted and held without attachment to land under SDCL § 43-13-1 or other controlling law.

☐ Term-Limited Easement. The interest ends on [DATE / EVENT], subject to the termination provisions below.

SDCL § 43-25-1 requires the transfer of a covered real-property estate to be made by operation of law or by a writing subscribed by the disposing party or a duly authorized agent. Grantor shall sign this Agreement and represents under Section 7 that Grantor holds the vested estate required by SDCL § 43-13-4.

The grant includes only the following rights:
(a) the right of ingress to and egress from the Easement Area over the Grantor Property by the route designated on Exhibit C;
(b) the right to construct, install, operate, inspect, maintain, repair, replace, relocate within the Easement Area, and remove Improvements (defined in Section 5.1) reasonably necessary to accomplish the Permitted Uses; and
(c) the following expressly described incidental rights: [DESCRIBE; DO NOT LEAVE AS A GENERAL CATCH-ALL].

2.2 Nature of Easement. If the appurtenant option is selected, the Parties intend the Easement to burden the Servient Tenement and benefit the Dominant Tenement, subject to the exact terms of this grant. If the servitude-not-attached option is selected, successor and assignment rights are only those expressly stated in Section 15.2 and confirmed by counsel. The Easement is non-exclusive unless the following box is selected:

☐ Exclusive solely as to [DESCRIBE PRECISELY].

Grantor reserves every use not expressly granted, provided that Grantor may not materially interfere with the selected Easement Rights.

2.3 Acceptance. Grantee hereby accepts the Easement Rights and agrees to perform and observe all obligations imposed herein.

2.4 Common Ownership and Merger Selection. SDCL § 43-13-6 generally addresses extinguishment when the right to the servitude and the right to the Servient Tenement vest in the same person. SDCL § 43-13-6.1, added in 2025, provides that an easement or servitude created by an owner remains valid and effective despite common ownership of the benefited and burdened property at creation or after reacquisition by the creator.

☐ At execution, the same owner holds the benefited and burdened property, and the Parties intend this creator-made Easement to remain valid under § 43-13-6.1.

☐ Common ownership does not exist at execution.

Any later common-ownership event must be reviewed against §§ 43-13-6 and 43-13-6.1 before a release, title conclusion, or termination instrument is recorded.

2.5 Partition of Dominant Tenement. If the appurtenant option is selected and the Dominant Tenement is partitioned, the Parties acknowledge SDCL § 43-13-7: the burden is apportioned according to the division but may not be increased on the Servient Tenement. Any allocation document must preserve that limit.

3. CONSIDERATION

3.1 Easement Fee. Grantee shall pay Grantor the sum of $[AMOUNT] (“Easement Fee”) on or before the Effective Date.

3.2 Additional Consideration. [Describe any continuing payments, cost-sharing, or other consideration, e.g., maintenance cost allocations.]

3.3 Independent Consideration. The Parties acknowledge that the Easement Fee constitutes separate and independent consideration supporting all covenants herein, including those that survive termination.

4. PERMITTED USES & USE RESTRICTIONS

4.1 Permitted Uses. The Easement Rights may be used solely for the following purpose(s):

☐ Access/Ingress & Egress

☐ Utility Installation & Operation (water, sewer, electric, gas, telecom)

☐ Drainage/Stormwater Management

☐ Pipeline/Conduit

☐ Other: [___]

Confirm that every selected use fits the chosen SDCL § 43-13-1 or § 43-13-2
classification or another controlling statute. A carbon pipeline,
conservation interest, public utility, access imposed by law, or other
specialized right may require a different form and additional approvals.

4.2 Use Restrictions. Grantee shall:
(a) use the Easement Area solely for the Permitted Uses;
(b) comply with all Applicable Laws;
(c) not unreasonably impede Grantor’s use of the Grantor Property; and
(d) avoid hazardous or unsafe conditions.

4.3 Grantor Reserved Rights. Grantor retains the right to use the Easement Area for any purpose not inconsistent with the Easement Rights, including farming, landscaping, and installation of compatible utilities, provided Grantor’s activities do not materially interfere with Grantee’s Permitted Uses.

5. IMPROVEMENTS; MAINTENANCE & REPAIR

5.1 Improvements. Grantee may, at its sole cost, construct, install, maintain, repair, replace, relocate, or remove improvements reasonably necessary to accomplish the Permitted Uses (collectively, “Improvements”), subject to:
(a) prior submission of plans and specifications to Grantor for review and reasonable approval; approval is deemed granted after [15] days only if this option is selected: ☐; and
(b) compliance with all permitting and regulatory requirements.

5.2 Maintenance & Repair. Grantee shall keep the Easement Area and Improvements in a neat, safe, and good condition, promptly repairing any damage caused by Grantee. Grantor shall have no maintenance obligations except for damage caused by Grantor.

5.3 Restoration. Upon completion of any construction or maintenance activity, Grantee shall restore the Easement Area and any affected portion of the Grantor Property as nearly as reasonably possible to its prior condition, ordinary wear and tear excepted.

6. TERM; TERMINATION & RELEASE

6.1 Term. The Easement Rights shall commence on the Effective Date and shall continue [in perpetuity / until __________] unless terminated earlier pursuant to this Section.

6.2 Express Expiration. If a term-limited option is selected, the Easement expires on [DATE / OBJECTIVELY DETERMINABLE EVENT]. Counsel shall determine whether a recordable confirmatory instrument is needed after expiration.

6.3 Voluntary Release. The Easement may be released by a written, acknowledged, recordable instrument signed by the holder of the Easement and by any other person whose joinder title counsel requires. If the Parties choose a bilateral termination, both shall sign. The instrument must be recorded in the county where the affected land is situated under SDCL § 43-28-1.

6.4 Default Does Not Alone Clear Title. An uncured Event of Default permits the remedies in Section 11 but does not, by itself, authorize either Party to record a unilateral release or termination. A disputed termination must be resolved by a written settlement, a final court order, or another title-clearing procedure approved by South Dakota counsel.

6.5 Operation of Law. Nothing in this Agreement overrides a termination or preservation rule imposed by controlling law. Any asserted common-ownership extinguishment must account for both SDCL § 43-13-6 and the creator exception in § 43-13-6.1.

6.6 Effect of Effective Termination. After an effective termination and any required title-clearing recordation, Grantee shall remove Improvements and restore the Easement Area only to the extent stated here: [DESCRIBE / NONE], except that Grantor may elect in a signed writing to retain identified Improvements.

7. REPRESENTATIONS & WARRANTIES

7.1 Mutual. Each Party represents that it has authority to sign in the stated capacity and that it has disclosed any agreement known to it that would prohibit the contemplated grant or obligations. No representation in this form substitutes for legal review of enforceability.

7.2 Grantor Additional Representations. Grantor represents that:
(a) Grantor holds a vested estate in the Servient Tenement sufficient to create the selected servitude, as SDCL § 43-13-4 requires;
(b) all liens, existing easements, leases, marital or homestead interests, purchase rights, and other recorded or known interests are listed on Schedule 7.2;
(c) required lender, spouse, co-owner, tenant, governmental, and other consents or joinders are attached or listed as conditions to effectiveness; and
(d) pending condemnation or similar proceedings affecting the property are disclosed on Schedule 7.2.

7.3 Survival. The representations survive for [PERIOD / UNTIL EVENT], except that no stated period shortens a duty or remedy that controlling law does not permit the Parties to shorten.

8. COVENANTS OF THE PARTIES

8.1 Compliance with Laws. Each Party shall comply with all Applicable Laws, including environmental, safety, and land-use regulations, with respect to its activities on the Grantor Property.

8.2 Hazardous Materials. Neither Party shall introduce or permit the release of Hazardous Materials in violation of Environmental Laws. The responsible Party shall promptly remediate any contamination it causes, at its sole cost.

8.3 Relocation. Upon Grantor’s written request, Grantee shall relocate the Improvements within the Grantor Property to another mutually acceptable location, provided:
(a) Grantor demonstrates a reasonable necessity for relocation;
(b) relocation does not materially impair Grantee’s Easement Rights; and
(c) Grantor pays all reasonable relocation costs.

8.4 Notice & Cooperation. Each Party shall promptly notify the other of any material event, claim, or governmental inquiry affecting the Easement Area and shall reasonably cooperate in responding thereto.

8.5 Insurance. Each Party shall maintain the insurance coverages described in Exhibit D for so long as it conducts activities in the Easement Area.

9. INSURANCE

9.1 Coverage Requirements. Without limiting its indemnity obligations, Grantee shall maintain the coverages and limits selected by the Parties after review by their insurance advisers:
(a) Commercial General Liability: [LIMITS / TERMS];
(b) Workers' Compensation and Employer's Liability, if applicable: [LIMITS / TERMS];
(c) Automobile Liability: [LIMITS / TERMS]; and
(d) Contractors Pollution Liability or other project coverage: [LIMITS / TERMS].

9.2 Additional Insured. Grantor shall be named as an additional insured on Grantee’s liability policies.

9.3 Certificates. Upon request, each Party shall furnish certificates and endorsements evidencing required coverage.

10. INDEMNIFICATION; LIMITATION OF LIABILITY

10.1 Indemnification by Grantee. Grantee shall indemnify, defend, and hold harmless Grantor and Grantor’s expressly identified successors and assigns from and against any and all claims, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from:
(a) Grantee’s breach of this Agreement;
(b) Grantee’s negligence or willful misconduct; or
(c) violations of law by Grantee, its employees, agents, or contractors,
except to the extent caused by Grantor’s gross negligence or willful misconduct.

10.2 Indemnification by Grantor. Grantor shall indemnify, defend, and hold harmless Grantee and Grantee's expressly identified successors and assigns from and against any claims arising out of Grantor’s breach, negligence, or willful misconduct, except to the extent caused by Grantee.

10.3 Optional Risk Allocation. No liability cap or consequential-damages waiver is included. If the Parties want one, South Dakota counsel must draft the provision for the parties, property use, insurance program, indemnity obligations, bodily-injury and property-damage risks, environmental liabilities, and available remedies.

10.4 Survival. This Article 10 survives expiration or termination.

11. EVENTS OF DEFAULT; REMEDIES

11.1 Events of Default. A Party is in default if it:
(a) fails to make a monetary payment when due and such failure continues for [10] days after written notice;
(b) fails to perform any non-monetary obligation and such failure continues for [30] days after written notice (or, if non-curable within 30 days, fails to commence and diligently pursue cure);
(c) materially exceeds the expressly granted scope or materially interferes with the Easement Rights and fails to cure within the applicable notice period; or
(d) materially violates applicable law in activities conducted under this Agreement.

11.2 Remedies. Upon an Event of Default, the non-defaulting Party may:
(a) seek damages proved under applicable law;
(b) seek specific performance, injunctive relief, or another remedy that a court determines is available;
(c) suspend a separable contractual performance if counsel confirms suspension will not create a safety hazard or unlawfully interfere with the real-property interest; or
(d) pursue the title-clearing procedures in Section 6.4 if termination is disputed.

11.3 Optional Contractual Fee Provision. ☐ If selected, and only to the extent enforceable, the court or arbitrator may award the prevailing Party reasonable attorneys’ fees and taxable costs. If not selected, each Party bears its own attorneys’ fees except where controlling law or a court order provides otherwise.

12. RECORDING; TITLE & FURTHER ASSURANCES

12.1 Recording. Promptly following execution, [GRANTEE / GRANTOR] shall submit this Agreement, or a counsel-approved memorandum that accurately states the granted interest, for recording with the register of deeds of each South Dakota county in which affected real property is situated. SDCL § 43-28-1. The same review applies to later amendments, assignments, releases, and termination instruments.

12.2 Acknowledgment and Notice. Before ordinary recordation, execution must be acknowledged or proved and certified as SDCL § 43-28-8 provides. An unrecorded instrument is valid between the parties and persons with notice under § 43-28-14; proper recording supplies the constructive notice stated in § 43-28-15. These rules do not eliminate the need for title review of priority, indexing, or competing interests.

12.3 Recording Format. The final recording copy must comply with SDCL § 43-28-23, including permitted sheet size, black 10-point-or-larger print, white twenty-pound-or-heavier paper, a three-inch first-page top space, one-inch other margins, a displayed title, and reproducible text. The left half of the first-page top space must carry the document-preparer information required by SDCL § 7-9-1. Under §§ 43-28-24 and 43-28-25, the preparer must not place an individual's name together with a Social Security number, checking/savings/share account number, or credit/debit/charge-card number in the recording copy, subject to the statutes' definitions and exceptions.

12.4 Title Matters. Before signing, obtain [TITLE COMMITMENT / TITLE REPORT / OTHER EVIDENCE] identifying the vested owner, mortgages, prior easements, covenants, leases, tax items, judgments, and other interests. Specify which parties must consent, subordinate, or join. This section does not promise that an insurer will insure the Easement or treat it as a permitted encumbrance.

12.5 Further Assurances. Each Party shall execute additional instruments reasonably necessary to carry out the accurately described grant, but no further-assurances request may enlarge the Easement Rights without a signed, acknowledged, and, where appropriate, recorded amendment.

13. TAXES & ASSESSMENTS

As between the Parties, Grantee shall pay taxes and assessments allocated to its Improvements, and Grantor shall pay taxes allocated to the Servient Tenement. If an assessment increases solely because of Grantee's Improvements, Grantee shall reimburse the documented incremental increase. This private allocation does not bind a taxing authority or determine legal tax incidence.

14. DISPUTE RESOLUTION

14.1 Governing Law. This Agreement is governed by and construed in accordance with SD Law.

14.2 Forum Selection. Subject to the court's jurisdiction and venue rules, the Parties select the state court serving [COUNTY], South Dakota, for litigation concerning the Easement or affected land. Counsel must confirm that the selected county is legally available for the claim presented.

14.3 Optional Arbitration. [OPTIONAL—CHECK BOX IF ELECTED] ☐ The Parties agree that any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration shall be [CITY], South Dakota. Judgment on the award may be entered in any court of competent jurisdiction.

14.4 Jury Trial. This form does not include a pre-dispute jury waiver. If the Parties request one, South Dakota counsel must separately assess and draft it under current constitutional, statutory, and case authority.

14.5 Equitable Relief. A Party may request specific performance or injunctive relief, but the court determines whether such relief is available and whether security or bond is required. Nothing in this Agreement promises bondless relief or permits self-help that exceeds the granted rights.

15. GENERAL PROVISIONS

15.1 Amendment; Waiver. An amendment affecting the Easement Rights must be in writing, signed by every owner or holder whose interest is changed, acknowledged when required for recording, and recorded when title counsel determines recordation is needed for notice or chain of title. A waiver of breach must be signed by the waiving Party and does not waive another or later breach.

15.2 Assignment; Binding Effect. For an appurtenant Easement, any assignment provision must be coordinated with conveyance of the Dominant Tenement and may not increase the burden on the Servient Tenement. For a servitude not attached to land, identify every permitted successor or assignee and any required consent: [TERMS]. No assignment may enlarge the purposes, area, intensity, or duration stated in the grant.

15.3 Severability. If any provision is held invalid or unenforceable, it shall be severed and the remainder construed to effectuate the Parties’ intent as closely as possible.

15.4 Entire Agreement. This Agreement (including the Exhibits) constitutes the entire agreement of the Parties with respect to the Easement and supersedes all prior or contemporaneous understandings.

15.5 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts. Under SDCL § 53-12-8, the electronic-transactions chapter applies only when each Party has agreed to transact electronically. Sections 53-12-13, 53-12-15, and 53-12-16 prevent denial of effect solely because of electronic form and address writing and signature requirements. The Parties agree to electronic execution: ☐ Yes ☐ No. Before electronic execution or recording, confirm that the acknowledgment method and receiving register of deeds' current system accept the selected record.

15.6 Notices. All notices must be in writing and delivered (i) by certified U.S. mail, return receipt requested, (ii) by nationally recognized overnight courier, or (iii) by email with confirmation of receipt, in each case addressed to the Parties at the addresses set forth below (or such other address as a Party designates in writing). Notice is deemed given on actual receipt or refusal.

Grantor Notice Address:
[NAME]
[ATTN:]
[STREET]
[CITY, STATE ZIP]
Email: [___]

Grantee Notice Address:
[NAME]
[ATTN:]
[STREET]
[CITY, STATE ZIP]
Email: [___]

15.7 Interpretation. Headings are for convenience only and do not affect interpretation. “Including” means “including, without limitation.”

16. EXECUTION & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

GRANTOR:
[GRANTOR LEGAL NAME]
By: _______________________________
Name: _____________________________
Title: ______________________________

GRANTEE:
[GRANTEE LEGAL NAME]
By: _______________________________
Name: _____________________________
Title: ______________________________

INDIVIDUAL ACKNOWLEDGMENT — SDCL § 18-4-12

State of [____________________________]

County of [__________________________] ss

On this [____] day of [________________], in the year [________], before me personally appeared [SIGNER NAME], known to me (or proved to me on the oath of [IDENTIFYING WITNESS]) to be the person who is described in, and who executed the within instrument and acknowledged to me that [he / she / they] executed the same.

Notarial officer signature: [________________________________]

Printed name and title: [________________________________]

Commission expiration: [__/__/____]

[SEAL]

CORPORATE ACKNOWLEDGMENT — SDCL § 18-4-13

State of [____________________________]

County of [__________________________] ss

On this [____] day of [________________], in the year [________], before me [NOTARIAL OFFICER], personally appeared [SIGNER NAME], known to me (or proved to me on the oath of [IDENTIFYING WITNESS]) to be the [OFFICE] of the corporation that is described in and that executed the within instrument and acknowledged to me that such corporation executed the same.

Notarial officer signature: [________________________________]

Printed name and title: [________________________________]

Commission expiration: [__/__/____]

[SEAL]

Use a separate certificate for each signer or entity unless the notarial
officer and recording counsel confirm that a combined certificate is proper.
For an LLC, partnership, trust, attorney-in-fact, or other capacity, attach a
current capacity-appropriate certificate rather than altering the corporate
form by guesswork.

EXHIBIT A

Legal Description of Grantor Property / Servient Tenement
[Attach metes-and-bounds or lot/block description]

EXHIBIT B

Legal Description of Dominant Tenement, if Appurtenant
[Attach the complete legal description]

EXHIBIT C

Easement Area Depiction / Metes-and-Bounds
[Attach survey or scaled drawing]

EXHIBIT D

Insurance Requirements
[List specific coverage types, limits, additional insured wording, waiver of subrogation, etc.]

EXHIBIT E

Counsel-Approved Form of Release or Termination Instrument
[Do not sign or record unless the stated termination event is established and title counsel confirms the necessary signers and recordable form.]

SOUTH DAKOTA RECORDING CHECKLIST

☐ Grantor's vested estate and signing authority were confirmed under SDCL § 43-13-4.

☐ The appurtenant or not-attached structure was selected under SDCL §§ 43-13-1 to 43-13-3.

☐ Exhibit A fully describes the Servient Tenement; Exhibit B describes the Dominant Tenement if appurtenant; Exhibit C precisely locates the Easement Area.

☐ Uses, dimensions, access, improvements, maintenance, intensity, exclusivity, duration, and termination are stated expressly because SDCL § 43-13-5 makes the grant's terms central to scope.

☐ Common ownership was reviewed under both SDCL §§ 43-13-6 and 43-13-6.1; the 2025 creator exception was not mistaken for a universal no-merger rule.

☐ Grantor signed the written transfer as SDCL § 43-25-1 requires, and all required co-owner, spouse, lender, tenant, or other joinders were obtained.

☐ Each execution was acknowledged or proved and certified for recording under SDCL § 43-28-8 and chapter 18-4.

☐ The prepared-by legend states the preparer's name, address, and telephone number under SDCL § 7-9-1.

☐ The recording copy follows SDCL § 43-28-23 and omits prohibited personally identifiable information.

☐ The instrument will be recorded in every South Dakota county where affected real property is situated under SDCL § 43-28-1.

☐ County indexing, fees, transfer or certificate forms, electronic-recording acceptance, return address, parcel information, and local requirements were confirmed with the receiving register of deeds.

☐ No unilateral release or termination will be recorded merely because one Party alleges nonuse, abandonment, or breach.

OFFICIAL SOURCES VERIFIED

• SDCL § 43-25-1 — Requisites for transfer
• SDCL § 43-13-1 — Servitudes not attached to land
• SDCL § 43-13-2 — Appurtenant easements
• SDCL § 43-13-3 — Dominant and servient tenements
• SDCL § 43-13-4 — Vested estate required
• SDCL § 43-13-5 — Scope determined by grant
• SDCL § 43-13-6 — Common-ownership rule
• SDCL § 43-13-6.1 — Creator exception
• 2025 SB 215 enrolled — source of §§ 43-13-6 and 43-13-6.1 amendment
• SDCL § 43-13-7 — Partition limit
• SDCL § 43-13-9 — Enforcement
• SDCL § 43-28-1 — County recording
• SDCL § 43-28-8 — Acknowledgment before recording
• SDCL § 43-28-14 — Validity of unrecorded instrument
• SDCL § 43-28-15 — Constructive notice
• SDCL § 43-28-23 — Recording format
• SDCL § 43-28-24 — Protected identity information definitions
• SDCL § 43-28-25 — Prohibition for document preparers
• SDCL § 7-9-1 — Prepared-by legend
• SDCL § 18-4-12 — General acknowledgment
• SDCL § 18-4-13 — Corporate acknowledgment
• SDCL § 53-12-8 — Agreement to transact electronically
• SDCL § 53-12-13 — Electronic form
• SDCL § 53-12-15 — Electronic record as writing
• SDCL § 53-12-16 — Electronic signature