South Dakota Codified Laws
Chapter 34 - Accessions To Personal Property
Section 43-34-5 - Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.

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.

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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.