44-9-2. Construction of improvements with knowledge of owner subjects land to lien--Exceptions.
When improvements are made by one person upon the land of another, all persons interested therein otherwise than as bona fide prior encumbrancers or lienors shall be deemed to have authorized such improvements, insofar as to subject their interests to the liens therefor; provided that as against a lessor no lien is given for repairs made by or at the instance of his lessee.
Source: SL 1913, ch 263, §5; RC 1919, §1647; SDC 1939, §39.0706.