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"; andWHEREAS, ___________________________, and ___________________________is/are the owner(s) of real property adjoining the above-described property and described as follows: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________designated hereafter as "Tract B"; andWHEREAS, 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 ACounty 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 DakotaMy commission expires: _______________Notary Printed Name: __________________

Source: SL 2018, ch 125, § 1.