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.
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