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Adverse Possession Laws in South Dakota

In South Dakota, an owner's action to recover land is barred after 20 years, and title vests after 10 years of possession under good-faith color of title with all taxes paid.

Last checked . General information, not legal advice.

South Dakota at a glance

Standard period
20 years
With color of title
10 years (with taxes paid)
Possession under claim and color of title made in good faith for 10 years, paying all taxes. Vacant land: 10 years of tax payment under color of title.
Property taxes required
Only for the 10-year route
Tax payment is required under SDCL 15-3-15 and 15-3-16, not for the 20-year limitation.

Sources

Last checked

The rules in South Dakota

How many years of possession are required for adverse possession in South Dakota?

Standard period in South Dakota: 20 years.

Is the adverse possession period shorter with color of title in South Dakota?

With color of title in South Dakota: 10 years (with taxes paid). Possession under claim and color of title made in good faith for 10 years, paying all taxes. Vacant land: 10 years of tax payment under color of title.

Does the occupant have to pay property taxes to claim adverse possession in South Dakota?

Only for the 10-year route. Property taxes required in South Dakota: only for the 10-year route. Tax payment is required under SDCL 15-3-15 and 15-3-16, not for the 20-year limitation.

Where do the South Dakota adverse possession laws come from?

The rules above come from S.D. Codified Laws 15-3-1, S.D. Codified Laws 15-3-15 and S.D. Codified Laws 15-3-16. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Courts usually require possession that is actual, open, continuous, exclusive and hostile (without the owner's permission) for the full statutory period. The person claiming the land generally has to prove each element, and courts read these requirements strictly.

Owners can protect themselves by inspecting vacant or rural land regularly, keeping boundary lines marked, and responding quickly to fences, buildings or other uses that cross the line. Written permission, such as a simple license or lease, can make a neighbor's use permissive instead of hostile.

Adverse possession does not usually transfer title automatically. The occupant often needs a court judgment, such as in a quiet title action, before the new ownership can be recorded. Boundary disputes between neighbors are often settled with a survey and a recorded deed instead of a lawsuit.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.