# S.D. Codified Laws § 15-3-11: Acts constituting adverse possession based on written instrument or judgment

> South Dakota · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-11

## Section

- **Citation:** S.D. Codified Laws § 15-3-11
- **Heading:** Acts constituting adverse possession based on written instrument or judgment
- **Jurisdiction:** South Dakota
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** SD Code / Title 15 / Chapter 3 / Section 15-3-11

## Text

For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment, or a decree, land shall be deemed to have been possessed and occupied in the following cases:

(1) Where it has been usually cultivated or improved;

(2) Where it has been protected by a substantial inclosure;

(3) Where, although not inclosed, it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or the ordinary use of the occupant; or

(4) Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not inclosed according to the usual course and custom of the adjoining country shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

Source: SDC 1939 & Supp 1960, § 33.0222.

## Nearby sections

- [S.D. Codified Laws § 15-3-1 Seizin or possession within twenty years required for action to recover real property or possession](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-1.md)
- [S.D. Codified Laws § 15-3-2 Seizin or possession within twenty years required for cause of action or defense based on title to real property](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-2.md)
- [S.D. Codified Laws § 15-3-3 Limitation of actions based on entry on real estate](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-3.md)
- [S.D. Codified Laws § 15-3-4 Limitation of actions by state based on title to real property](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-4.md)
- [S.D. Codified Laws § 15-3-5 Grantee of state limited by limitations applicable to state](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-5.md)
- [S.D. Codified Laws § 15-3-6 Limitation of actions to recover real property after invalidation of state grant](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-6.md)
- [S.D. Codified Laws § 15-3-7 Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-7.md)
- [S.D. Codified Laws § 15-3-8 Tenant's possession deemed that of landlord--Continuation after termination of tenancy](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-8.md)
- [S.D. Codified Laws § 15-3-9 Possessory right not impaired by descent on death of person in possession](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-9.md)
- [S.D. Codified Laws § 15-3-10 Twenty years' possession under written instrument or judgment deemed adverse possession--Tract divided into lots](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-10.md)
- [S.D. Codified Laws § 15-3-11 Acts constituting adverse possession based on written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-11.md)
- [S.D. Codified Laws § 15-3-12 Actual occupation required for adverse possession under claim other than written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-12.md)
- [S.D. Codified Laws § 15-3-13 Acts constituting adverse possession under claim other than written instrument or judgment](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-13.md)
- [S.D. Codified Laws § 15-3-14 Tolling of statute during disability--Time for commencement of action after removal of disability](https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SD_T15_C3_S15-3-11. Check the current official text before relying on it. Not legal advice.