Adverse Possession in South Dakota
State-specific overview · Property & Real Estate
South Dakota requires 20 years of continuous, open, and exclusive possession to claim adverse possession.
How South Dakota treats Adverse Possession
An adverse possessor must occupy the land openly, continuously, and exclusively for the full 20-year period without the owner's permission. The possession must be actual and visible—not hidden or secret. South Dakota courts examine whether the possessor's actions match what a true owner would do with the property. Paying property taxes strengthens an adverse possession claim but is not strictly required.
The general definition of Adverse Possession
Gaining legal ownership of land by occupying it openly and continuously for a set period.
If someone uses another person's land openly, without permission, and continuously for many years (typically 7–21 years depending on the state), they may eventually become the legal owner. The original owner must not have stopped them during that time. This doctrine rewards people who improve and maintain land while punishing owners who abandon or ignore their property.
Read the full Adverse Possession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.