Actual occupation required for adverse possession under claim other than written instrument or judgment
South DakotaStatutes
Ask Donna
How this section applies to your facts.
SD Code › Title 15 › Chapter 3 › Section 15-3-12
This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.
Text
Where it shall appear that there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment, or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.
Source: SDC 1939 & Supp 1960, § 33.0223.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.