South Dakota Statewide Rule

South Dakota Squatter's Rights and Adverse Possession

Some RestrictionsApplies statewide across South Dakota (2026)

South Dakota adverse possession generally requires 20 years of possession: SDCL 15-3-1 bars an action to recover real property unless the owner was 'seized or possessed' within 20 years. A shorter 10-year path exists under SDCL 15-3-15 for someone in actual possession under good-faith color of title who also pays all taxes for ten successive years.

Key Facts

General period: 20 years of possession (SDCL 15-3-1)
Color-of-title period: 10 years plus paying all taxes (SDCL 15-3-15)
Tax payment: Required for the 10-year color-of-title path
Tacking: Successors may add possession and tax payments to reach 10 years

Last verified: 2026-06-27

Full Breakdown

Under SDCL 15-3-1, 'no action for the recovery of real property... shall be maintained unless it appears that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within twenty years before the commencement of such action' — the baseline 20-year period. SDCL 15-3-15 provides a 10-year route: 'Every person in the actual possession of lands or tenements under claim and color of title made in good faith, and who shall have continued for ten successive years in such possession, and shall also during said time have paid all taxes legally assessed... shall be held and adjudged to be the legal owner' to the extent of the paper title. A successor may tack possession and tax payments to complete the ten years.

Violations & Penalties

No specific statutory penalty. Adverse possession is a civil property doctrine, not a crime. An owner defeats a squatter by bringing a recovery action within the 20-year period, or before a color-of-title claimant completes 10 years of possession plus tax payments under SDCL 15-3-15.

Frequently Asked Questions

How long must a squatter possess property to claim it in South Dakota?

Generally 20 years under SDCL 15-3-1. The period drops to 10 years under SDCL 15-3-15 if the person holds under good-faith color of title and pays all taxes legally assessed for those ten successive years.

Does paying property taxes help a squatter in South Dakota?

Yes, on the shorter path. SDCL 15-3-15 grants title after 10 years of actual possession under good-faith color of title only if the claimant also paid all taxes legally assessed during that period.

Sources

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