Under South Dakota's general adverse possession statute, without color of title, a person must openly and continuously occupy another's property for at least:
Correct Answer
C) 20 years
Under South Dakota's general adverse possession statute (SDCL 15-3-1), a claimant must maintain continuous, open, notorious, hostile, and exclusive possession for 20 years to acquire title by adverse possession. The possession must be under a claim of right and without the true owner's permission. Note that a separate provision (SDCL 15-3-15) allows adverse possession under color of title combined with payment of property taxes for a shorter period of 10 years, but the standard statutory period without color of title is 20 years.
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Related Topics & Key Terms
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Key Terms:
Related Concepts
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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