If the right to a mine is separate from the ownership or right of occupancy to the surface, the owner or rightful occupant of the surface may demand satisfactory security from the miner, and if such security is refused, may enjoin such miner from working until the same is given. The injunctional order must fix the amount of the bond.
38-02-11. Additional certificate to correct or extend boundaries may be filed by locator or assigns - Limitations. If the locator of any mining claim, or the locator's assigns, shall apprehend that the original certificate was defective, erroneous, or that the requirements of the law had not been complied with before filing, or is desirous of changing the locator's surface boundaries, or of taking in any part of an overlapping claim which has been abandoned, such locator or the locator's assigns may file an additional certificate subject to the provisions of this chapter. Such relocation may not interfere with the existing rights of others at the time of such relocation. No such relocation, nor the record thereof, may preclude the claimant from proving any such title as the claimant may have held under previous locations.