Squatters Rights South Dakota Summary
Statutory Period
20 years of continuous possession
Primary Statute
South Dakota Codified Laws § 15-3-1 to § 15-3-20
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 5-year claim)
- Color of title (for 5-year claim)
- Cultivation or improvement of the land
Squatters Rights 30 Days South Dakota
Origins of the 30-Day Myth in South Dakota
- Confusion with tenant laws: South Dakota's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in South Dakota is 10 years (or 5 years with color of title and tax payment), not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
South Dakota's 2025 Squatter Removal Process
South Dakota law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through South Dakota's criminal trespass laws
- For situations requiring court action, South Dakota offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, South Dakota has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: South Dakota has clarified its trespassing laws to better address squatting situations, with amendments to South Dakota's criminal trespass statutes to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in South Dakota, a claimant must occupy the property for either 20 years, or 10 years with color of title and tax payment, not 30 days as commonly misunderstood.
Overview of Adverse Possession in South Dakota
Key information about squatter's rights in South Dakota
South Dakota's adverse possession laws feature a dual-track system with different time requirements based on documentation and tax payment. The state also has unique considerations for what constitutes "cultivation" in humid continental environments.
Statutory Time Requirements
South Dakota offers two different paths to establish adverse possession:
- 20 years: Standard adverse possession period (S.D. Codified Laws § 15-3-1)
- 10 years: Shortened period if the possessor has color of title AND has paid all property taxes during that time (S.D. Codified Laws § 15-3-15)
Reference: South Dakota Codified Laws
Common Law Elements
To establish adverse possession in South Dakota, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Agricultural Land Requirements
South Dakota courts have specific requirements for what constitutes "possession and occupation" of agricultural land for adverse possession claims. These requirements include:
- Protection of the land with a substantial enclosure (fencing)
- Cultivation of crops or maintenance of grazing land
- Construction of agricultural buildings or structures
- Regular maintenance and improvement of the property
- Using the land consistently with how similar properties in the area are used
These requirements acknowledge the agricultural character of much of South Dakota's land and establish clear standards for demonstrating adverse possession.
South Dakota Adverse Possession Statutes
S.D. Codified Laws § 15-3-1. Twenty-year limitation on action for recovery of real property
No action for the recovery of real property or for the recovery of the possession thereof shall be maintained, unless it appears that the plaintiff, his ancestor, predecessor, or grantor, was seized or possessed of the premises in question within twenty years before the commencement of such action.
S.D. Codified Laws § 15-3-15. Occupancy and payment of taxes on real property under color of title
Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises under such claim for ten years, and the payment during such ten years by such occupant, or those under whom he claims, of all taxes legally levied and assessed against such lands during the said period of ten years, the premises so included shall be deemed to have been held adversely.
Important Legal Notes
- South Dakota courts have consistently held that payment of property taxes along with color of title can reduce the statutory adverse possession period from 20 years to 10 years.
- Under South Dakota law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in South Dakota must be initiated by filing a quiet title action.
- South Dakota specifically exempts all government-owned lands from adverse possession claims.
Key South Dakota Adverse Possession Cases
Lewis v. Moorhead (2018)
The South Dakota Supreme Court clarified that "hostility" in adverse possession claims does not require ill will or animosity, but simply occupation without permission of the true owner. The court also emphasized that the claimant must treat the property as their own, excluding others, for the statutory period.
Hoffman v. Van Wyk (2012)
This case established the importance of paying property taxes for the 10-year adverse possession period under S.D. Codified Laws § 15-3-15. The court confirmed that continuous payment of all taxes legally levied is required when seeking to establish adverse possession under color of title.
Andersen v. Aesoph (2008)
This case addressed what constitutes "substantial enclosure" for agricultural property in South Dakota. The court ruled that fencing appropriate for the type of livestock or crops typically maintained in the area could satisfy the enclosure requirement for adverse possession claims.
Rotenberger v. Burghduff (1997)
This case established that in boundary dispute cases between neighbors, when a fence or other boundary marker has been treated as the property line for the statutory period (20 years), the neighbor who has occupied land beyond their true boundary may acquire it through adverse possession.
South Dakota Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in South Dakota, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting either:
- 10-year requirement under A.R.S. § 12-526, OR
- 5-year requirement (with color of title and tax payment) under A.R.S. § 12-527
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county recorder's office to establish clear title to the property.
Defending Against Squatters
South Dakota property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
South Dakota provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under South Dakota's criminal trespass laws (A.R.S. § 13-1502 to § 13-1504).
- Forcible Entry and Detainer: This is South Dakota's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under A.R.S. § 13-1502 to § 13-1504.
Important: South Dakota law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in South Dakota to claim adverse possession?
In South Dakota, there are two timeframes for adverse possession: 10 years under the standard claim, or 5 years if the claimant has color of title (a document that appears to give ownership rights) and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in South Dakota's humid continental environment?
South Dakota courts recognize that traditional cultivation may not be possible in desert areas. Activities like clearing brush, installing fencing, building structures, creating access roads, or other improvements appropriate for desert land can satisfy the cultivation requirement. The courts take a practical approach that acknowledges South Dakota's unique environment.
What is "color of title" in South Dakota adverse possession law?
In South Dakota, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 5 years in South Dakota.
Can I legally remove squatters from my property in South Dakota?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under South Dakota's criminal trespass laws. In other cases, you must use South Dakota's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in South Dakota and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in South Dakota?
No. South Dakota law specifically exempts land owned by the state of South Dakota, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in South Dakota, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in South Dakota?
No. This is a common misconception. In South Dakota, adverse possession requires either 10 years (standard) or 5 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in South Dakota.