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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In South Dakota, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including through an express grant in a deed, by implication, by necessity, or through prescriptive use over a period of time. South Dakota law recognizes the importance of rights of way and provides mechanisms for their creation, transfer, and termination. The statutes governing easements and rights of way can be found in the South Dakota Codified Laws (SDCL), particularly in Title 43, which pertains to property. It is important for property owners and those seeking to establish or use a right of way to understand their legal rights and obligations, and they may benefit from consulting with an attorney to navigate the specific requirements and procedures under South Dakota law.

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Real property

right of way easement

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Real property

right of way easement

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