Neighbors may testify that the adverse claimant occupied the land for a certain period of time. Affidavits may prove useful to the adverse claimant by establishing the claim as being adverse to that of any other persons.
South Dakota Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely — Squatters Rights Keywords: South Dakota, affidavit, adverse possessor, third party, property, squatters rights Description: In South Dakota, an Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely, commonly referred to as a Squatters Rights Affidavit, is a legally binding document used by individuals who have occupied a property without permission for a certain period of time. This affidavit serves as a means for a third party, other than the property owner or the adverse possessor, to assert their claim over the property. There are different types of South Dakota Affidavits in Support of Adverse Possessor by Third Party that Property Held Adversely, depending on the specific circumstances of the situation: 1. Regular Squatters Rights Affidavit: This type of affidavit is employed when a third-party adverse possessor claims ownership over a property they have occupied for an extended period, typically at least 10 years, without the knowledge or permission of the property owner. The affidavit outlines the details of their possession, including continuous occupancy, use, and maintenance of the property. 2. Peaceable Entry Squatters Rights Affidavit: This variant of the affidavit is used when a third party enters a vacant property openly, without secrecy, and peacefully, with the intention of establishing adverse possession. This type of affidavit may require a longer period of possession, often 20 years, to establish a claim. 3. Claim by Color of Title Squatters Rights Affidavit: This type of affidavit is applicable when a third party occupies a property they believe they legally obtained from a previous owner who had a defective or invalid title. The affidavit asserts that the third party's claim to the property is based on a legal document, such as a deed or a contract, which they consider as evidence of their legitimate ownership. 4. Cultivation or Enclosure Squatters Rights Affidavit: In agricultural or rural areas, a third party may seek a claim over unoccupied land by cultivating it or enclosing it with fences. This type of affidavit demonstrates how the third party has actively used and maintained the land for agricultural purposes, which can help support their adverse possession claim. Regardless of the specific type, a South Dakota Affidavit in Support of Adverse Possessor by Third Party that Property Held Adversely should be filed with the appropriate county recorder's office, and the adverse possessor must follow the necessary legal procedures and requirements to establish their claim. Please note that the information provided here is for informational purposes only and should not be considered legal advice. It is essential to consult with a qualified attorney familiar with South Dakota laws to navigate the intricacies of adverse possession and ensure full compliance with the legal requirements.
