Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.
This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.
South Dakota "Complaint to Quiet Title by Person Claiming Adverse Possession — Squatters Rights" is a legal procedure pursued by individuals claiming adverse possession rights over a property. Adverse possession refers to the situation where a person who is not the legal owner of a property occupies and uses it openly, continuously, exclusively, and hostilely for a statutory period of time, typically 20 years in South Dakota. Such individuals may file a complaint seeking a judicial ruling to quiet title, essentially forcing the legal owner to recognize their claim to the property. Several types of South Dakota Complaints to Quiet Title by Person Claiming Adverse Possession — Squatters Rights exist, depending on the specific circumstances of each case, such as: 1. Residential Adverse Possession: This type of claim involves residential properties, where individuals have been openly residing on a property without the legal owner's permission for the required statutory period. 2. Commercial Adverse Possession: This category pertains to claims made on commercial properties, where squatters assert their right to ownership or use due to their adverse possession of the property. 3. Rural Adverse Possession: This type applies to properties located in rural areas, usually involving larger tracts of land, agricultural lots, or unoccupied land, where the claimant has occupied and utilized the property as their own for the requisite period. 4. Abandoned Property Adverse Possession: In cases where the legal owner has abandoned a property, individuals may assert their right to ownership by claiming adverse possession. 5. Vacant Lot Adverse Possession: This category encompasses cases where individuals have occupied and maintained vacant lots over the required period without interference from the legal owner, aiming to establish their ownership rights. 6. Unregistered Land Adverse Possession: This form of adverse possession refers to situations where the property in question is not registered or does not have a designated legal owner, making it easier for a squatter to make a claim. It is important to note that adverse possession claims can be legally complex and require thorough documentation and evidence to substantiate the claimant's case. Consultation with an experienced real estate attorney is crucial to ensure compliance with South Dakota's specific laws and increase the likelihood of a successful outcome.
