Acts constituting 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 Hoffman v. Bob Law, Inc. (December 2016)
Source: SDC 1939 & Supp 1960, § 33.0224.
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.
For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, or judgment, or decree, land shall be deemed to have been possessed and occupied in the following cases only:
(1) Where it has been protected by a substantial inclosure; or
(2) Where it has been usually cultivated or improved.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.