Legal Question in Real Estate Law in South Dakota

Re: property crossing by neighbor

What you describe can best be characterized as a "nuisance."

The problem with dealing legally with such things is the legal expense.

You may be better off to put up the fence and bide your time waiting for the kids to grow up and leave home.

There are statutory remedies for the situation;also, there may be local ordinances for your city or town.

South Dakota Statutes. See:SDCL

21-10-1. *Definitions - "Nuisance."

A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:

(1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;

(2) Offends decency;

(3) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, street, or highway;

(4) In any way renders other persons insecure in life, or in the use of property.

The neigbors actions may also constitute a trespass, for which $ damages (to your property)

may be sought. Again, the problem is cost. Your money is better spent on the fence, and a neighborly chat,

asking them to please stay out of the yard.