{"id":376282,"date":"2016-03-31T21:36:41","date_gmt":"2016-04-01T02:36:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-adverse-possession-laws.html"},"modified":"2016-06-20T19:51:08","modified_gmt":"2016-06-21T00:51:08","slug":"south-dakota-adverse-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-adverse-possession-laws.html","title":{"rendered":"South Dakota Adverse Possession Laws"},"content":{"rendered":"\n
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South Dakota Adverse Possession Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Adverse possession is a legal process whereby a possessor (often called a \u201ctrespasser\u201d) can come to own a plot of land over time<\/a>. The underlying idea is that land should be used, and that someone who is actively possessing, improving, and occupying property should eventually gain title<\/a> at the expense of an absent owner.<\/p>\n

For example, if a landowner goes off and isn\u2019t heard from again, a possessor can move onto the land, occupy it, improve it, and otherwise use it. After a period of time has elapsed, adverse possession gives the possessor title to it. It can also apply to portions of property, such as when a fence, shed, walkway, or other intrusion is made onto a neighboring piece of land.<\/p>\n

South Dakota Adverse Possession Laws<\/h2>\n

South Dakota permits adverse possession when a claim is \u201cactual, open, visible, notorious, continuous, and hostile\u201d for a period of twenty years. This means that someone making an adverse possession claim must:<\/p>\n