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.
S.D. Codified Laws § 15-3-12
Actual occupation required for adverse possession under claim other than written instrument or judgment
Applied in 13 court decisions — leading case City of Deadwood v. Summit, Inc. (2000)
Most recently applied in Mohnen v. Estate of Mohnen (June 2024)
Source: SDC 1939 & Supp 1960, § 33.0223.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.