South Dakota § 15-3-20 - Partition fence agreement.

§ 15-3-20. Partition fence agreement.

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:

This document prepared by:

Name: ________________________

Address: ______________________

______________________

Telephone: ____________________

PARTITION FENCE AGREEMENT

This Agreement is made this __________ day of _____________, 20 _____.

WHEREAS, _________________________, and _____________________________

is/are the owner(s) of certain real property described as follows:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

designated hereafter as "Tract A"; and

WHEREAS, ___________________________, and ___________________________

is/are the owner(s) of real property adjoining the above-described property and described as follows: _________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

designated hereafter as "Tract B"; and

WHEREAS, there is a partition fence separating the property described above.

NOW, THEREFORE, it is hereby agreed as follows:

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.

Dated this ________ day of ___________, 20 ____.

_____________________________ ________________________________

Owner, Tract A Owner, Tract A

County of _________________

State of ___________________

On this _______ day of ____________, 20 ____, before me, the undersigned officer, personally appeared __________________ and __________________, Owners of Tract A above described, known to me or satisfactorily proven to be the person(s) whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

___________________________________

Notary Public, South Dakota

My commission expires: _______________

Notary Printed Name: __________________

Dated this _____ day of __________, 20 _____.

________________________________ __________________________________

Owner, Tract B Owner, Tract B

County of _______________________

State of _________________________

On this ____ day of __________, 20 ____, before me, the undersigned officer, personally appeared ___________________________ and ________________________________, Owners of Tract B above described, known to me or satisfactorily proven to be the person(s) whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

___________________________________

Notary Public, South Dakota

My commission expires: _______________

Notary Printed Name: __________________

Source: SL 2018, ch 125, § 1.