43-34-1      Ownership of things--Extent--Products and accessions.
43-34-2      Effect of uniting things of different owners--Inseparable without injury--Ownership--Duties of owner.
43-34-3      Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.
43-34-4      Uniting things of different owners--Absence of principal part--Value or bulk as determinable factor.
43-34-5      Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.
43-34-6      Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception.
43-34-7      Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement.
43-34-8      Common ownership provisions not applicable to willful use of materials of another without his consent--Ownership of product by owner of materials--Tracing identity.
43-34-9      Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product.
43-34-10      Wrongful employment of materials of another--Liability for damage.
43-34-11      Taking possession of thing to render service about it--Rights and duties of person rendering service.

43-34-1. Ownership of things--Extent--Products and accessions.

The owner of a thing owns also all its products and accessions.

Source: CivC 1877, § 209; CL 1887, § 2725; RCivC 1903, § 232; RC 1919, § 302; SDC 1939, § 51.0203.

43-34-2. Effect of uniting things of different owners--Inseparable without injury--Ownership--Duties of owner.

When things belonging to different owners have been united so as to form a single thing and cannot be separated without injury, the whole belongs to the owner of the thing which forms the principal part, who must, however, reimburse the value of the residue to the other owner or surrender the whole to him.

Source: CivC 1877, § 590; CL 1887, § 3213; RCivC 1903, § 906; RC 1919, § 508; SDC 1939, § 51.1201.

43-34-3. Principal part of thing which has been united--Definition--Necessity for separation and return to original owner.

For the purposes of § 43-34-2, that part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the more valuable and has been united without the knowledge of its owner, who may in the latter case require it to be separated and returned to him although some injury should result to the thing to which it has been united.

Source: CivC 1877, § 591; CL 1887, § 3214; RCivC 1903, § 907; RC 1919, § 509; SDC 1939, § 51.1201.

43-34-4. Uniting things of different owners--Absence of principal part--Value or bulk as determinable factor.

If neither part can be considered the principal within the rule prescribed by § 43-34-3, the more valuable, or if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part.

Source: CivC 1877, § 592; CL 1887, § 3215; RCivC 1903, § 908; RC 1919, § 510; SDC 1939, § 51.1201.

43-34-5. Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.

When one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description without having destroyed any of the materials but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship.

Source: CivC 1877, § 594; CL 1887, § 3217; RCivC 1903, § 910; RC 1919, § 512; SDC 1939, § 51.1202.

43-34-6. Thing formed by admixture of materials of different owners without consent of some--Inseparable without inconvenience--Common ownership--Exception.

When a thing has been formed by the admixture of several materials of different owners and neither can be considered the principal substance, an owner, without whose consent the admixture was made, may require a separation, if the materials can be separated without inconvenience. If they cannot be thus separated, the owners acquire the thing in common, in proportion to the quantity, quality, and value of their materials; but if the materials of one were far superior to those of the others, both in quantity and value, he may claim the thing on reimbursing to the others the value of their materials.

Source: CivC 1877, § 595; CL 1887, § 3218; RCivC 1903, § 911; RC 1919, § 513; SDC 1939, § 51.1203.

43-34-7. Thing made from material of another--Ownership--Value of workmanship and material--Reimbursement.

If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of the materials.

Source: CivC 1877, § 593; CL 1887, § 3216; RCivC 1903, § 909; RC 1919, § 511; SDC 1939, § 51.1204.

43-34-8. Common ownership provisions not applicable to willful use of materials of another without his consent--Ownership of product by owner of materials--Tracing identity.

Sections 43-34-2 to 43-34-7, inclusive, are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced.

Source: CivC 1877, § 596; CL 1887, § 3219; RCivC 1903, § 912; RC 1919, § 514; SDC 1939, § 51.1205.

43-34-9. Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product.

In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof, in place of the product.

Source: CivC 1877, § 597; CL 1887, § 3220; RCivC 1903, § 913; RC 1919, § 515; SDC 1939, § 51.1206.

43-34-10. Wrongful employment of materials of another--Liability for damage.

One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this chapter.

Source: CivC 1877, § 598; CL 1887, § 3221; RCivC 1903, § 914; RC 1919, § 516; SDC 1939, § 51.1207.

43-34-11. Taking possession of thing to render service about it--Rights and duties of person rendering service.

One who officiously, and without the consent of the real or apparent owner of a thing, takes it into his possession, for the purpose of rendering a service about it, must complete such service and use ordinary care, diligence, and reasonable skill about the same. He is not entitled to any compensation for his service or expenses, except that he may deduct actual and necessary expenses incurred by him about such service from any profits which his service has caused the thing to acquire for its owner and must account to the owner for the residue.

Source: CivC 1877, § 1206; CL 1887, § 3829; RCivC 1903, § 1525; RC 1919, § 1107; SDC 1939, § 17.0105.