Planning to buy acreage or recreational land around Lead and Deadwood? If you see a thin line on a map labeled “section line,” you might be looking at a section line easement. It can shape how you access the property, where you can build, and what the county can do in the future. In this guide, you’ll learn what a section line easement is, why it matters in Lawrence County, and how to research it before you close. Let’s dive in.
What is a section line easement?
A section line easement comes from the Public Land Survey System, the grid that divides land into mile-square sections across much of the West and Midwest. When land was originally surveyed, rights-of-way were commonly reserved along those section lines so people could travel and governments could establish roads later.
These easements are usually corridors. A common historical width is about 66 feet, but widths can vary by state, survey, or recorded plat. The corridor is often centered on the section line, though the exact description comes from recorded surveys, plats, or county road records.
A section line easement is a right-of-way, not a transfer of ownership. You can own the underlying land, but the public or the county may hold certain rights to use or improve that strip. Whether that right is active depends on county actions like acceptance, maintenance, or vacation of the road.
How it can affect your purchase
Section line easements show up in many Northern Hills parcels, including the 57759 area. Here is what to watch for as a buyer.
Access and driveways
If the section line has been opened and is maintained as a county road, the public can travel there and your driveway approach may need county approval. If there is an easement but no road yet, the county may still have the right to open or maintain a road later. Always confirm whether your legal access is over a recognized public road or only along a section line easement.
Building, fences, and improvements
Building inside an active road easement is typically not allowed. Structures or permanent improvements placed within the corridor can be ordered removed or create liability. Fences or gates across an easement may be limited by county rules, and you must preserve public travel where a road is established. Easements can also affect where you place wells, septic systems, or outbuildings.
Road maintenance and costs
If the county has accepted and maintains the road on the section line, routine upkeep is the county’s job. If the easement exists but is not a formal county road, maintenance may be informal or shared by neighbors, which can be unclear. Make sure your expectations match the legal status on the ground.
Future opening or vacation
Counties can open roads along section lines or choose to vacate them through a formal process. Opening a road can change traffic patterns and permit needs. Vacation can remove the easement, subject to state and county rules. Petitioning for vacation usually requires notice, a hearing, and compliance with procedures. Outcomes are not guaranteed.
Title, lending, and insurance
Title commitments and surveys often disclose section line easements. Lenders may ask for clarity on access or require that any encroachments be resolved before closing. Expect easements to appear as exceptions in the title commitment and plan to address any conflicts early.
Land value and recreational use
For recreational buyers, an unimproved section line can offer practical access but carries a risk that a road could open later. If privacy is a priority, that risk may matter to you. For grazing or timber ground, the easement can influence fence lines and where the public might reach the parcel.
How to research a parcel in Lawrence County
Here is a step-by-step approach to evaluate a section line easement before you write an offer.
Quick map and records check
- County GIS: Review parcel boundaries, section lines, and road layers to see how the easement relates to your property lines.
- Recorded plats and subdivision maps: Look for notes reserving rights-of-way or showing where section lines fall.
- Deeds and chain of title: Ask for the current deed and recent conveyances to identify recorded easements or reservations.
Title and survey
- Title commitment: Read the exceptions. Look for recorded rights-of-way, road vacations, and any special conditions tied to access or encroachments.
- Boundary or ALTA survey: Have a licensed surveyor mark section lines, existing roads, fences, and improvements. Survey notes often clarify whether a road is established along a section line.
Who to call at the County
- Register of Deeds: For recorded deeds, easements, and plats.
- Highway or Road Department and County Commission: To confirm whether the county accepted or maintains a road along the section line and whether any portion has been vacated.
- Planning and Zoning: For setback requirements and permit rules near a road easement.
- GIS or mapping staff: For aerials and layers that show past improvements or road history.
State and federal resources
- Bureau of Land Management PLSS maps: To verify the official section line location for the township and range.
- South Dakota Department of Transportation: For county road inventories or classifications that can help you understand nearby road networks.
Questions to ask the seller and county
Use simple, direct questions to get clear answers:
- Is there a county-maintained road on the section line near this parcel? If yes, when was it accepted or established?
- Is any part of the section line in front of the parcel vacated or abandoned?
- What permits or restrictions apply to driveways, fences, or structures within the section line corridor?
- Do county records show any additional easements, encroachments, or rights-of-way affecting this parcel?
Smart moves before you make an offer
Take these actions to reduce risk and keep your deal on track.
- Order a recent boundary or ALTA survey. A current survey identifies the section line on the ground and its relationship to your planned building envelope.
- Review the preliminary title commitment early. Discuss exceptions with your title officer and lender so there are no surprises at closing.
- Confirm permitting with the county. Know what approvals are needed for driveways, culverts, fences, or structures near the easement.
- Plan for contingencies. If the easement conflicts with your plan, ask about vacation procedures, potential conditions, or alternatives.
- Consider legal guidance. If you need a road vacated, an encroachment resolved, or a release of rights, a local real estate attorney can advise on process and probability.
Scenarios you might encounter
These examples reflect common situations buyers face in the Northern Hills.
Unimproved easement across a 40-acre tract
You find a 40-acre parcel with no visible road along the section line. The easement still exists, and the county may have the right to open a road. You plan a private entrance and value privacy, so you confirm with the county whether the road is accepted or likely to be opened, and you set timelines for a survey and title review.
Accepted county road along the border
A maintained gravel road follows the section line on the south boundary. Public travel is allowed, and your driveway approach will likely require a permit. You review setbacks and avoid placing a gate or fence that would obstruct traffic.
Encroaching shed or barn in the corridor
A past owner built a structure close to the line. Your survey shows it inside the easement area. You discuss options with the county and your title company, knowing removal or relocation may be required and that the issue could affect financing.
Common mistakes to avoid
- Assuming a visible two-track equals legal access. Always verify the legal status of the corridor and the road.
- Placing driveways or utilities without permits. Even simple approaches may need county approval if they touch a section line road.
- Overlooking title exceptions. If the commitment lists easements or road vacations, read them and clarify terms early.
- Building inside the unknown. Do not pour foundations or place permanent improvements until your survey marks the easement and building envelope.
- Ignoring future changes. An unimproved easement can become an active road. Factor that into your long-term plans and privacy goals.
Work with a local guide
Section line easements involve maps, surveys, and county records. With the right plan, you can buy confidently and avoid surprises. Our locally rooted team helps you evaluate access, coordinate the right due diligence, and connect with the people and offices you need to keep your deal moving. When you are looking at acreage or recreational land in 57759 and greater Lawrence County, we are here to help from first showing through closing.
Ready to move forward on a parcel or want a quick read on an easement shown in a listing? Reach out to the team at Real Properties of Lead Deadwood to talk through your goals and next steps.
FAQs
What is a section line easement in Lawrence County?
- A section line easement is a reserved public right-of-way that follows the grid lines of the Public Land Survey System and may be used for access or future roads.
Does a section line easement mean there is a public road?
- Not always. It becomes a public road only if the county has accepted and maintains it, which you must confirm with county records.
Can the county open a road on my section line later?
- Generally yes, subject to procedures. If the easement was not vacated, the county may open or maintain a road in the future based on local processes.
What happens if a building encroaches on the easement?
- Structures in an active road easement can be subject to removal or relocation, and they can create title or insurance issues.
How do I research a section line on a specific parcel?
- Review county GIS and recorded plats, order a survey, read the title commitment, and contact county road and planning offices to confirm status and permits.
Will a section line easement lower my property value?
- It depends. Privacy-focused buyers may see risk if an unimproved easement could open later, while others may value the access. Market impact varies by property and use.
