Adverse possession is a means by which someone may acquire title to the land of another through certain acts over a defined period of time. Such acts must continue uninterrupted for the time period defined by state laws, which vary by state. In general, the acts of possession must be overt, hostile, exclusive, uninterrupted, and under a claim of right, etc., so as to give the owner or others claiming entitlement to possession notice and an opportunity to counter the adverse possession.
This form is a sample notice that the possessor of the property is not holding it adversely to the true owner.
South Dakota Notice to that Possession is not Adverse — Squatters Rights: In South Dakota, if someone is occupying a property without the owner's consent, they may be considered a trespasser or a squatter. However, it is important to note that Squatters Rights, also known as adverse possession, are not recognized or protected under South Dakota law. In other words, simply occupying someone else's property without permission does not grant the occupant any legal rights. Squatter Rights allow individuals to eventually claim ownership of a property if they meet certain requirements, such as continuously occupying the property for a specific period of time, openly using and maintaining the property, and paying property taxes. However, South Dakota does not acknowledge or uphold this legal concept. It is crucial for property owners in South Dakota to understand their rights and take appropriate action if they discover someone occupying their property without permission. In such cases, serving a South Dakota Notice to that Possession is not Adverse becomes necessary to assert one's property rights and potentially begin the eviction process. Types of South Dakota Notice to that Possession is not Adverse — Squatters Rights: 1. South Dakota Notice to that Possession is not Adverse — Preliminary Notice: This type of notice is often the first step taken by property owners to inform the occupant that their possession is not recognized as adverse and that they do not have any legal rights to the property. It serves as a warning that legal action may be pursued if the occupant does not vacate the premises promptly. 2. South Dakota Notice to that Possession is not Adverse — Demand for Possession: If the preliminary notice fails to result in the squatter's voluntary departure, the property owner may then serve a demand for possession. This notice explicitly states that the occupant must vacate the property within a specified timeframe or face legal consequences, such as eviction. It is crucial for property owners to consult with a qualified attorney to ensure proper legal procedures are followed when dealing with squatters in South Dakota. Each situation may have unique circumstances, and professional guidance can help protect property rights and expedite the eviction process.
