South Dakota Codified Laws
Chapter 34 - Accessions To Personal Property
Section 43-34-11 - Taking possession of thing to render service about it--Rights and duties of person rendering service.

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.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 43 - Property

Chapter 34 - Accessions To Personal Property

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

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

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

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

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

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

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

Section 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.

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

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

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