43-13-1. Granting and holding of servitudes not attached to land.

The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:

(1)    The right to pasture, and of fishing and taking game;

(2)    The right of a seat in church;

(3)    The right of burial;

(4)    The right of taking rents and tolls;

(5)    The right of way;

(6)    The right of taking water, wood, minerals, or other things.

Source: CivC 1877, § 245; CL 1887, § 2761; RCivC 1903, § 268; RC 1919, § 338; SDC 1939, § 51.0602.