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South Dakota · TitleSouth Dakota adverse possession: twenty years, or ten with color of title and taxes

South Dakota has a long general period and a shorter path for good-faith title holders. No action for the recovery of real property or its possession may be maintained unless the plaintiff or an ancestor, predecessor or grantor was seized or possessed of the premises within twenty years before the action (SDCL 15-3-1). Every person in actual possession of land under claim and color of title made in good faith who has continued in possession for ten successive years and paid all taxes legally assessed during that time is adjudged the legal owner, to the extent and according to the purport of the paper title; successors by purchase, devise or descent can complete the ten years (SDCL 15-3-15). A person with good-faith color of title to vacant and unoccupied land who has paid all taxes on it for ten successive years is likewise deemed the legal owner (SDCL 15-3-16).

What the statutes set

  1. Twenty years (SDCL 15-3-1)

    No recovery unless possessed within twenty years.

  2. Ten years (SDCL 15-3-15)

    Possession under good-faith color of title plus all taxes for ten years.

  3. Vacant land (SDCL 15-3-16)

    Good-faith color of title and ten years of taxes.

What the TC does when a South Dakota survey shows an encroachment

  • Send the survey to the title company and ask whether an encroachment is excepted or insured over.
  • If a neighbor claims land by long possession, track any boundary agreement or South Dakota court filing as a task.
  • Keep the seller's and the claimant's documents – deeds, tax receipts, fence history – in the deal file.

Questions about South Dakota adverse possession

How long is adverse possession in South Dakota?

Twenty years under the general limit, or ten successive years of possession under good-faith color of title with all taxes paid (SDCL 15-3-1, 15-3-15).

Can paying taxes on vacant South Dakota land give title?

Yes, with good-faith color of title and all taxes paid for ten successive years (SDCL 15-3-16).

Related guides

Track survey review and any boundary agreement as tasks on the deal in ClosingCode.

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Sources: SDCL 15-3-1, 15-3-15, 15-3-16 (sdlegislature.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.