43-1-1. Property defined.

In this code, the thing of which there may be ownership is called property.

Source: CivC 1877, § 159; CL 1887, § 2675; RCivC 1903, § 182; RC 1919, § 252; SDC 1939, § 51.0201.

43-1-2. Classes of property.

Property is either:

(1)    Real or immovable; or

(2)    Personal or movable.

Source: CivC 1877, § 162; CL 1887, § 2678; RCivC 1903, § 185; RC 1919, § 255; SDC 1939, § 51.0101.

43-1-3. Real and personal property distinguished.

Real or immovable property consists of:

(1)    Land;

(2)    That which is affixed to land;

(3)    That which is incidental or appurtenant to land;

(4)    That which is immovable by law.

Every kind of property that is not real is personal.

Source: CivC 1877, §§ 163, 167; CL 1887, §§ 2679, 2683; RCivC 1903, §§ 186, 190; RC 1919, §§ 256, 260; SDC 1939, § 51.0102.

43-1-4. Land as solid material of earth.

Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance.

Source: CivC 1877, § 164; CL 1887, § 2680; RCivC 1903, § 187; RC 1919, § 257; SDC 1939, § 51.0103.

43-1-5. Appurtenant to land defined--Mining machinery and equipment.

A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way or watercourse, or of a passage for light, air, or heat, from or across the land of another. Sluice boxes, flumes, hose, pipes, railway tracks, cars, blacksmith shops, mills, and all other machinery or tools used in working or developing a mine, are to be deemed affixed to the mine.

Source: CivC 1877, § 166; CL 1887, § 2682; RCivC 1903, § 189; RC 1919, § 259; SDC 1939, § 51.0105.

43-1-6. Law governing real property.

Real property within this state is governed by the law of this state, except where the title is in the United States.

Source: CivC 1877, § 217; CL 1887, § 2733; RCivC 1903, § 240; RC 1919, § 310; SDC 1939, § 51.0401.

43-1-7. Law governing personal property.

If there is no law to the contrary in the place where personal property is situated, it is deemed to follow the person of its owner and is governed by the law of his domicile.

Source: CivC 1877, § 359; CL 1887, § 2875; RCivC 1903, § 382; RC 1919, § 470; SDC 1939, § 51.0801.