South Dakota § 31-22-7 - Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.
Full text of South Dakota South Dakota Codified Laws § 31-22-7 — Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable., with citation guidance and answers to common questions.
§ 31-22-7. Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.
If the right-of-way be laid along the line separating two farms, then the owner of the isolated tract for which such right-of-way was laid shall erect and maintain one-half of the fence along both sides of such right-of-way, but if it be laid through a farm and not along the border thereof, no fence will be deemed necessary unless requested by the owner of land through which such road passes, in which cases the owner of the isolated tract shall erect and maintain the fence along both sides of such right-of-way and shall locate at a point to be described by the owner of the land gates at least sixteen feet wide in each of such fences. But if no fence is requested the owner of such isolated land shall construct, maintain, and keep closed substantial and suitable gates in all fences which such roadway may cross. The laws of this state pertaining to the erection and maintenance of partition fences shall apply to the fencing of such right-of-way wherever not in conflict with this section.
Source: SL 1935, ch 179, § 5; SDC 1939, § 28.0805.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 31-22-7
What does South Dakota Codified Laws § 31-22-7 cover?
Section 31-22-7 ("Responsibility for erecting fence--Easement separating farms--Easement through one farm--Gates--Law of partition fences applicable.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 31-22-7?
A common citation format is "South Dakota Codified Laws § 31-22-7" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 31-22-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.