21-40-1      Action against adjoining landowner to determine boundary.
21-40-2      Action to determine boundaries of tracts dependent on common landmark.
21-40-3      Addition of parties defendant for more complete settlement.
21-40-4      Practice and procedural rules.
21-40-5      Determination of adverse claims--Survey ordered.
21-40-6      Judgment to refer to permanent landmarks--Survey--Specifications for judicial landmark.
21-40-7      Filing and recording of report on survey and landmarks--Incorporation of report in judgment.
21-40-8      Costs and expenses of survey.

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, to have all of such boundary lines established.

Source: SL 1923, ch 140, § 1; SDC 1939 & Supp 1960, § 37.1301.

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 stay the proceedings in said action and order that they be made parties defendant and be served with the summons therein.

Source: SL 1923, ch 140, § 2; Supreme Court Rule 577, 1939; SDC 1939 & Supp 1960, § 37.1302.

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 boundary lines between such lands.

Source: SL 1923, ch 140, § 1; SDC 1939 & Supp 1960, § 37.1301.

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 for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties after the entry of judgment, the court may order a registered land surveyor to establish and mark such boundaries. Such landmarks so established, located, and placed in the earth shall have distinctly marked thereon the words, judicial landmark or J. L., with the date that it was so placed and the name or initial letters of the name and the registration number of the surveyor who placed the landmark.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303; SL 2011, ch 70, § 2.

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 of the records of the action and a certified copy of the same may be filed in the office of the register of deeds of any county in which any of the land affected is located and thereafter shall be constructive notice of its contents. The judgment shall contain a recital approving such report in whole or in part and may adopt said report as a part of the judgment by incorporating it therein or attaching it as an exhibit thereto.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303.

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 & Supp 1960, § 37.1301.