This bill amends South Dakota law to allow landowners to hold easements on their own property, which was previously prohibited. Specifically, it modifies section 43-13-6 to state that a servitude on a servient tenement cannot be held by the owner of that tenement, but introduces a new section that validates easements or servitudes created by an owner, even if the owner also holds the benefited property.

The new legal language clarifies that such easements or servitudes remain valid and effective regardless of the common ownership of the benefited and burdened properties, whether at the time of creation or after the property has been reacquired by the creator. This change aims to provide greater flexibility for landowners in managing their property rights.

Statutes affected:
Introduced, 02/05/2025: 43-13-6
Senate Judiciary Engrossed, 02/13/2025: 43-13-6
Enrolled, 03/10/2025: 43-13-6