What are squatters’ rights in South Dakota?
In South Dakota, land must be held and possessed adversely to the legal title for 20 years, and an action to recover real property cannot be maintained unless the plaintiff or a predecessor possessed it within the prior 20 years. A person in actual possession under claim and color of title made in good faith, who stays in possession for 10 successive years and pays all taxes legally assessed on the land during that time, is treated as the legal owner to the extent of the paper title. South Dakota’s forcible entry and detainer action may be brought against a party who entered the real property or occupied structure of another by force, intimidation, fraud or stealth and detains it. The complaint must be in writing, verified by the plaintiff or the plaintiff’s agent or signed by the plaintiff’s attorney, and served with a summons. The time to appear and plead is five days from service on the defendant, or 30 days after service by publication, whichever comes sooner. Until that period has run, a person occupying property without permission has no claim to its title. This is SDCL §§ 15-3-1, 15-3-7, 15-3-15; SDCL §§ 21-16-1, 21-16-6, 21-16-7.
| What | South Dakota |
|---|---|
| Adverse possession period | 20 years |
| Removing an unauthorized occupant | Through a court proceeding, after notice |
Source
SDCL §§ 15-3-1, 15-3-7, 15-3-15; SDCL §§ 21-16-1, 21-16-6, 21-16-7
Read the statute in the South Dakota Codified Laws (South Dakota Legislature): sdlegislature.gov.
Checked against the statute on November 13, 2026.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
How Seayora uses this rule
Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Guides on this rule
- Squatters’ Rights by State: Adverse Possession and Removal — How long adverse possession takes in 51 states, what the statutes require, and which states let law enforcement remove a squatter without an eviction case.
Compare this rule in every state
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- Every South Dakota rule on one page
The same question in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii