If any owner of any land who is liable for one–half of the expense of erecting and maintaining a partition fence pursuant to § 43-23-1 neglects or refuses to so erect and maintain one–half of a legal fence on the lines separating his land from adjoining land, the owner of the adjoining land may serve upon the delinquent owner a notice in writing demanding that the delinquent owner shall erect or repair, as the case may be, a legal fence along one–half of such line, describing it, within thirty days from the date of the service of the notice and demand upon him.

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Source: SL 1909, ch 197, § 4; RC 1919, § 10534; SDC 1939, § 19.0104; SL 1988, ch 350, § 3; SL 1990, ch 350, § 1.