Squatter’s Rights in South Dakota

In South Dakota, squatters can claim legal ownership through adverse possession after 20 years of continuous occupation. This process requires meeting several strict requirements: the occupation must be open and obvious to the public, hostile (without the owner’s permission), continuous without extended gaps, and exclusive (not shared with others including the legal owner).

Beyond the occupation period, squatters must pay all property taxes during the entire 20-year period and make visible improvements to the property through building, farming, or fencing. Failure to pay taxes even for a single year can invalidate their entire claim.

South Dakota law distinguishes between abandoned property (where the owner has surrendered all rights) and unoccupied property (not currently used but still owned). Adverse possession claims can be made on both types as long as all requirements are met. Out-of-state owners face particular challenges in preventing adverse possession, as distance makes property monitoring more difficult.

Unlike some states, South Dakota has no statute of limitations on adverse possession claims, meaning original owners can attempt to reclaim their property even after 20 years of squatter occupation, though the process becomes increasingly difficult. Property owners can protect themselves by conducting regular inspections, posting “No Trespassing” signs, paying property taxes on time, and taking immediate legal action against trespassers.