An Act to remove the prohibition against a landowner having an easement on the landowner's property.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 43-13:

The common law doctrine of merger does not apply to a servitude held by the owner of the servient tenement.

Section 2. That § 43-13-6 be REPEALED.

A servitude thereon cannot 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.