South Dakota Code § 43-13-6

Owner of servient tenement cannot hold servitude--Extinguishment of servitude
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Except as provided in §
43-13-6.1
, a servitude on a servient tenement may not be held by the owner of the servient tenement. A servitude is extinguished by the vesting of the right to servitude and the right to the servient tenement in the same person.

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