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Property OwnershipAdverse PossessionHARD

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.

Answer Options
A
5 years
B
10 years
C
20 years
D
25 years

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Related Topics & Key Terms

Related Topics:

prescriptive-easementtackingcolor-of-titlestatutory-periods

Key Terms:

adverse possession20 yearsOCEANcontinuous possessionhostile
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