21-40-1. Action against adjoining landowner to determine boundary. An action may be brought in the circuit court by any person owning land or any interest therein against the owner or persons interested in adjoining land to have the boundary lines thereof established. Source: SL 1923, ch 140, §1; SDC 1939 & Supp 1960, §37.1301.
21-40-2. Action to determine boundaries of tracts dependent on common landmark. When the boundary lines of two or more tracts depend upon any common point, line, or landmark, an action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, […]
21-40-3. Addition of parties defendant for more complete settlement. When in any action under this chapter it appears to the court that any owner, lien holder, or person interested in any of the tracts involved ought, for a full settlement and adjudication of all the questions involved, to be made a party, the court shall […]
21-40-4. Practice and procedural rules. Actions to determine boundary lines shall be governed by the general rules relating to pleadings, practice, and procedure in civil actions as near as may be, except as otherwise provided in this chapter. Source: SL 1923, ch 140, §2; Supreme Court Rule 577, 1939; SDC 1939 & Supp 1960, §37.1302.
21-40-5. Determination of adverse claims–Survey ordered. The court shall determine any adverse claims in respect to any portion of the land involved which it may be necessary to determine for a complete settlement of the boundary lines and the marking thereof and may order a survey to be made by a competent surveyor of such […]
21-40-6. Judgment to refer to permanent landmarks–Survey–Specifications for judicial landmark. Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established […]
21-40-7. Filing and recording of report on survey and landmarks–Incorporation of report in judgment. The surveyor shall make a full and complete report of his action to the court and therein accurately describe the landmarks so placed and define their location as nearly as practicable. Such report shall be filed with the clerk as one […]
21-40-8. Costs and expenses of survey. The court shall make such order respecting the costs and disbursements including the costs and expenses of a survey thereof and of the establishing of any markings of such boundaries between the parties to such action as it shall deem just. Source: SL 1923, ch 140, §1; SDC 1939 […]
