Squatters Rights in South Dakota: 20-Year Adverse Possession Law
South Dakota requires 20 years of possession, or 10 years if the claimant holds color of title and pays property taxes for that period — both elements are required together, making South Dakota stricter than states that accept either one alone.
Last reviewed July 8, 2026 — statutes and case law independently verified against official sources
South Dakota vs Neighboring States: Quick Comparison
- Statutory Period
- 20 years
- Tax Payment Required
- Yes
- Color of Title
- Required
- Expedited Removal Law
- Standard process
- Statutory Period
- 20 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Yes 2024–2025
- Statutory Period
- 15 years
- Tax Payment Required
- Yes
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
- Statutory Period
- 10 years
- Tax Payment Required
- No
- Color of Title
- Not required
- Expedited Removal Law
- Standard process
Data verified for 2026. Laws subject to change, verify with official state statutes.
The Path to Adverse Possession in South Dakota
A visual summary of what a claimant must complete, start to finish.
How Adverse Possession Works in South Dakota
To claim ownership of property through adverse possession in South Dakota, a claimant must possess the land for 20 years while meeting the legal requirements established under state law. A shorter 10-year track is available for claimants who pay property taxes and, where required, hold color of title.
Legal Basis and Statutory Period
South Dakota’s adverse possession law is codified under S.D. Codified Laws §§ 15-3-1, 15-3-15. The standard statutory period is 20 years of continuous, open, and hostile possession.
Property Tax Requirements
A shorter 10-year period applies only to claimants who both hold color of title and pay property taxes for that period — South Dakota requires both elements together, not tax payment alone.
Color of Title Rules
Color of title is required, together with tax payment, to qualify for the shorter 10-year track.
Key Legal Requirements
- Actual possession
- Open and notorious possession
- Hostile possession
- Exclusive possession
- Continuous possession for 20 years, or 10 years with both color of title and tax payment
What Are Your Legal Options in South Dakota?
2 minutes • No sign-up • Get a personalized legal assessment based on South Dakota law
Step 1: Choose your situation to begin
Recent Law Changes in South Dakota
No major legislative changes found in available research for 2024-2025 specifically targeting squatter removal or adverse possession in South Dakota.
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 circuit court of the county where the property is located
- Provide evidence meeting either the 20-year requirement under SDCL 15-3-1 (no color of title needed), or the 10-year requirement under SDCL 15-3-15 (with good-faith color of title and payment of all legally assessed taxes)
- Demonstrate that possession was actual, open, visible, notorious, and continuous, and that the land was protected by a substantial enclosure or usually cultivated/improved
- 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 county register of deeds to establish clear title.
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
Any action that interrupts the continuity of possession — including the record owner paying taxes during the period — will restart the statutory clock.
Removing Squatters
South Dakota provides property owners with several options for removing unauthorized occupants:
- Trespassers (who do not reside on the property) can be removed immediately by law enforcement as criminal trespassers
- Squatters who are actually living on the property generally must be removed through the courts: serve a notice to quit (e.g., a 3-day unconditional notice under SDCL 21-16-1)
- File a complaint for forcible entry and detainer with the circuit or magistrate court after the notice period expires
- Attend the hearing and obtain a writ of restitution if the court rules in the owner's favor
- Only the sheriff — not the property owner or police alone — may physically remove an occupying squatter under the writ
South Dakota law prohibits "self-help" evictions such as changing locks or shutting off utilities; violating this can create civil liability for the property owner.
Notable South Dakota Adverse Possession Cases
Taylor v. Tripp (1983)
330 N.W.2d 542 (S.D. 1983)
The South Dakota Supreme Court held that a claimant need not have a good-faith belief or intent to claim another's land — a boundary mistake or inadvertence can still support adverse possession. The court also confirmed that land is 'possessed and occupied' under the statute where it is protected by a substantial enclosure (such as a fence) or usually cultivated or improved.
Lewis v. Moorhead (1994)
522 N.W.2d 1 (S.D. 1994)
The Supreme Court affirmed an adverse possession award where occupants had resided on, cultivated, and improved a disputed triangular parcel with the prior owner's acquiescence, and the record owners failed to bring a boundary action within the 20-year statutory period. The court reiterated that possession must be actual, open, continuous, and protected by a substantial enclosure.
Rotenberger v. Burghduff (2007)
2007 SD 7, 727 N.W.2d 291
In a dispute over a ranch access trail, the South Dakota Supreme Court applied the state's adverse-possession interruption statute and the two-part test for prescriptive easements: open, continued, unmolested use for 20 years, used in a manner hostile to the owner. This case is frequently cited alongside adverse possession claims involving long-used trails and roads.
Mohnen v. Estate of Mohnen (2024)
2024 S.D. 35
The Supreme Court clarified that the shortened 10-year adverse possession track under SDCL 15-3-15 requires only (1) claim and color of title made in good faith, (2) ten successive years of possession, and (3) payment of all legally assessed taxes — with no separate exclusivity or hostility requirement. The court nonetheless affirmed rejection of the estate's adverse possession claim to family land on the facts presented.
Frequently Asked Questions About South Dakota Adverse Possession
How long must someone occupy my property in South Dakota to claim adverse possession?
South Dakota requires 20 years of continuous, open, and hostile possession under SDCL 15-3-1, or 10 years if the claimant has good-faith color of title and has paid all legally assessed property taxes during that period (SDCL 15-3-15). The '30-day squatter's rights' claim is a myth.
Is payment of property taxes required for adverse possession in South Dakota?
Only on the shortened 10-year track. Under SDCL 15-3-15 and the 2024 Mohnen v. Estate of Mohnen decision, a claimant with good-faith color of title must pay all legally assessed taxes for the full 10 years. On the standard 20-year track, tax payment is not required.
What does "substantial enclosure" mean in South Dakota adverse possession law?
South Dakota courts (e.g., Taylor v. Tripp) recognize land as possessed and occupied where it is protected by a substantial enclosure, such as a fence, or is usually cultivated or improved consistent with how an owner would use that type of land.
Can I legally remove squatters from my property in South Dakota?
Yes, but the process depends on the situation. Trespassers who do not live on the property can be removed immediately by law enforcement. Squatters who are residing there must be removed through notice and a forcible entry and detainer action in circuit or magistrate court, with the sheriff carrying out any writ of restitution.
Can someone claim adverse possession against government-owned land in South Dakota?
No. Land owned by the state, federal government, counties, cities, and other public entities is exempt from adverse possession claims.
Can trespassers gain rights to my property after 30 days in South Dakota?
No. South Dakota requires either 20 years (standard) or 10 years (with color of title and tax payment) of continuous, open, hostile possession. Short-term occupancy of days or months establishes no ownership rights.
Can I have a squatter removed by police in South Dakota?
South Dakota police can remove a person immediately as a criminal trespasser under SDCL 22-35-6 if they entered or refuse to leave after being notified, and they are not living there or claiming any right to the property. Once someone is actually residing on the property, though, officers generally treat it as a civil matter and require the owner to file a forcible entry and detainer action under SDCL Title 21, Chapter 16. Notably, a 2024 law (SB 90) repealed the old three-day notice-to-quit requirement in SDCL 21-16-2, so an owner can now go straight to filing the FED summons and complaint rather than serving a separate notice first; the case proceeds to a court hearing and, if the owner prevails, the sheriff executes the writ of restitution to physically remove the occupant. South Dakota has not enacted a standalone expedited squatter-removal statute comparable to those passed in some other states in 2024-2025.
This information is provided for general educational purposes only and does not constitute legal advice. Adverse possession claims are highly fact-specific. Consult a licensed attorney in the relevant state before relying on this information.