South Dakota Codified Laws
Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate
Section 15-3-12 - Actual occupation required for adverse possession under claim other than written instrument or judgment.

15-3-12. Actual occupation required for adverse possession under claim other than written instrument or judgment.
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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate

Section 15-3-1 - Seizin or possession within twenty years required for action to recover real property or possession.

Section 15-3-2 - Seizin or possession within twenty years required for cause of action or defense based on title to real property.

Section 15-3-3 - Limitation of actions based on entry on real estate.

Section 15-3-4 - Limitation of actions by state based on title to real property.

Section 15-3-5 - Grantee of state limited by limitations applicable to state.

Section 15-3-6 - Limitation of actions to recover real property after invalidation of state grant.

Section 15-3-7 - Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title.

Section 15-3-8 - Tenant's possession deemed that of landlord--Continuation after termination of tenancy.

Section 15-3-9 - Possessory right not impaired by descent on death of person in possession.

Section 15-3-10 - Twenty years' possession under written instrument or judgment deemed adverse possession--Tract divided into lots.

Section 15-3-11 - Acts constituting adverse possession based on written instrument or judgment.

Section 15-3-12 - Actual occupation required for adverse possession under claim other than written instrument or judgment.

Section 15-3-13 - Acts constituting adverse possession under claim other than written instrument or judgment.

Section 15-3-14 - Tolling of statute during disability--Time for commencement of action after removal of disability.

Section 15-3-15 - Vesting of title by possession and payment of taxes for ten years under color of title--Continuation of possession and tax payment by successor in interest.

Section 15-3-16 - Vesting of title to unoccupied land by payment of taxes for ten years under color of title--Continuation of tax payment by successor in interest.

Section 15-3-17 - Tax payment vesting provisions not applicable to public lands or religious or charitable societies.

Section 15-3-18 - Tax payment vesting provisions not applicable against person under disability--Time for commencement of action after removal of disability .

Section 15-3-19 - Time allowed for assertion of irregularities in notice involving real property--Persons under disability.

Section 15-3-20 - Partition fence agreement.

Section 15-3-21 - Real estate taxes following determination of adverse possession.

Section 15-3-22 - Existing utility lines not affected.