Squatters’ rights and adverse possession in South Dakota can create real problems for landlords. Imagine discovering someone living in your vacant Rapid City rental, claiming they have the right to stay. You’ll need to act quickly to stop the situation from getting even worse.
The good news is that landlords can easily handle squatters’ rights issues by being prepared. Keep reading to learn how South Dakota defines squatting, requirements for adverse possession, and more.
What is a squatter?
A squatter occupies a property without the owner’s permission and does not have a valid lease agreement. They often move into a property without the owner’s knowledge and stay for weeks, months, or even years, refusing all requests to leave.
For example, someone might move into a vacant duplex in Sioux Falls while the owner renovates it. If that person never signed a lease, paid rent, or obtained permission, they qualify as a squatter under South Dakota law.
Key Differences Between Squatters and Trespassers
Understanding the differences between squatters and trespassers is important, as each requires a different removal method.
Squatters
- Move into a property without authorization and stay for an extended time period
- May try to gain legal occupancy or ownership rights over time
- Landlords must obtain a formal eviction order to remove them
Trespassers
- Enter a property without authorization, but usually leave quickly
- Do not attempt to pursue ownership or long-term occupancy rights
- Law enforcement can often remove them right away
In summary, squatters stay on a property long-term and may attempt to assert legal claims, whereas trespassers enter only briefly and face immediate removal by law enforcement.
What are squatters’ rights?
Squatters’ rights in South Dakota refer to the limited legal protections that an unauthorized occupant can gain over an extended time period. These principles stem from adverse possession laws rather than landlord-tenant law.
In South Dakota, squatters’ rights mean that landlords who discover unauthorized occupants must take immediate action to remove them (or risk losing their property altogether). You should always keep a close eye on your vacant rentals and have strategies in place to prevent unauthorized occupancy.
Can a squatter actually claim legal rights to a property?
Unfathomable though it may sound, squatters can claim legal rights to property in South Dakota through adverse possession. The process requires strict proof and years of qualifying occupancy, though, so property owners can usually prevent these claims with consistent monitoring and timely legal action.
Adverse Possession Laws in South Dakota
Adverse possession in South Dakota allows a person to acquire legal title to property by meeting strict requirements over time. This is the only legal route for a squatter to take ownership from the recorded owner, but the squatter must be able to prove that their occupancy is:
Actual: The squatter must use the property as an owner would. Living on the property, conducting maintenance, or completing repairs all show actual ownership.
Open and notorious: The squatter must be on the property openly enough for the original owner to reasonably notice. They can’t attempt to hide their presence.
Hostile: The squatter must be on the property without the owner’s permission or a lease agreement, in a manner hostile to the owner’s property rights.
Exclusive: The squatter must control the property alone and cannot share it with tenants, other squatters, or the original owner.
Uninterrupted: The squatter must live on the property for at least 20 continuous years, or 10 years with a good faith claim and color of title and property tax payments.
Supporting law: SDCL 15-3-1, 15-3-15
Occupancy Time Requirements for Adverse Possession
Under South Dakota law, squatters must typically live on a property for at least 20 continuous years, without absences or evictions, to claim adverse possession. Any break will reset the clock and require the squatter to build a new claim from scratch.
For instance, if a squatter lives in a Deadwood home for 5 years before the owner discovers and evicts them, they would not be able to claim adverse possession. Even if the squatter later returned, those 5 years would not count toward a claim.
Supporting law: SDCL 15-3-1
Does the squatter need to have a good faith claim and a color of title to claim adverse possession?
A good-faith claim and a color of title refers to a written document that appears to transfer ownership but contains a legal defect. For example, someone could receive a color of title after purchasing a Pierre apartment at a fake auction.
South Dakota squatters do not need a color of title to claim adverse possession after 20 continuous years of occupancy. However, with respect to the color of title and property tax payments, the squatter only has to live on the property for 10 years to claim adverse possession.
Supporting law: SDCL 15-3-1, 15-3-15
Does the squatter have to pay property taxes for adverse possession in South Dakota?
In many states, squatters must pay property taxes to claim adverse possession. South Dakota, meanwhile, only requires squatters to pay property taxes if they also hold color of title and wish to shorten the occupancy time requirement from 20 to 10 years.
Needless to say, this can pose a major threat to landlords. You should always stay current on property tax payments and retain thorough, detailed records to prevent ownership disputes and other negative outcomes, such as liens and foreclosures.
Supporting law: SDCL 15-3-1, SDCL 15-3-15
How to Legally Remove Squatters from Your Property
If you discover a squatter on your property, you’ll need to follow South Dakota’s legal eviction process to remove them. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If it’s safe to do so, try speaking directly with the squatter before you file for eviction. You could offer relocation assistance, consider a cash-for-keys arrangement, or set a move-out deadline. If the squatter agrees, you may be able to avoid eviction proceedings.
Important: Never attempt to remove the squatter yourself by turning off utilities, changing the locks, or moving the squatter’s belongings. Self-help eviction is illegal nationwide and can derail your eviction case.
Step 2: Get in Touch With Local Law Enforcement
You can also ask local law enforcement to visit your property and speak with the occupant. Officers may assess the situation and determine that the person is a trespasser rather than a squatter, in which case they can remove them from your property immediately.
Step 3: Serve the Squatter a 3-Day Notice to Quit
If law enforcement cannot remove the occupant, you’ll need to proceed with an eviction as if the squatter were a tenant. Start the process by serving the squatter with a 3-Day Notice to Quit, which requires the squatter to leave within 3 days or face eviction proceedings.
Step 4: File a Summons and Complaint for Forcible Entry and Detainer Against the Squatter
If the squatter refuses to leave after the 3 days are up, file a Summons and Complaint for Forcible Entry and Detainer in the circuit or magistrate court for your rental. These actions begin the South Dakota eviction process and sets a court hearing date.
Step 5: Present Your Case in Front of a Judge
When your hearing date arrives, bring clear evidence of the squatter’s illegal presence and your rightful ownership to strengthen your case. You can provide documentation such as:
- A recorded deed in your name
- Photos or videos showing unlawful occupancy
- Witness statements from neighbors or contractors
- Utility bills or tax records in your name
The squatter also gets time to present evidence in their favor, such as color of title or proof of property tax payments. The court will weigh both sides carefully before deciding who should own the property, so solid evidence is critical to a successful eviction.
Step 6: Obtain an Execution for Possession
Assuming that the judge agrees with your case, the court will enter a Judgment for Possession, ordering the squatter to leave your property by a court-ordered deadline. If the squatter still doesn’t leave by the time that deadline is up, you can obtain an Execution for Possession.
This document authorizes the local sheriff to complete the eviction. The squatter has only a few days after judgment to appeal the decision, so in most cases the eviction will proceed as planned.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
An Execution for Possession grants the local sheriff the authority to physically remove the squatter from your property and restore possession to you. South Dakota law does not provide a required storage period for abandoned belongings, so you can typically dispose of them as you see fit.
Secure the property immediately after the squatter leaves. Change the locks, repair any vulnerable entry points, and post No Trespassing signs to reduce the risk of future squatters.
Now that you know how to remove a squatter, let’s talk about other ways you can protect your rentals.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy from the start. Use these proactive property management strategies to keep your South Dakota rental safe:
Inspect the property regularly: Visit vacant or seasonal rentals often, looking for signs of unauthorized entry or occupancy. Frequent inspections will deter squatters seeking abandoned properties.
Install visible, functioning security cameras: These deter unlawful entry and provide video evidence if someone attempts to enter your property without your permission.
Act quickly against trespassers: Contact local law enforcement immediately if you discover someone on your property without your permission. By acting quickly, you can stop a trespasser from becoming a squatter.
Secure all entry points: Lock all doors and windows, reinforce any weak access points, and secure outdoor spaces such as garages and sheds. If your property isn’t easy to access, squatters will likely move on.
Maintain the property: Stay on top of landscaping and mail collection, and shovel snow during the wintertime. A well-maintained property signals active ownership and helps keep out squatters.
Fill vacancies quickly: Since squatters often target vacant properties, you should reduce your downtime between tenants. Use property management tools to advertise your rental property and attract paying tenants rather than unauthorized occupants.
Screen future tenants thoroughly: Before you welcome a new tenant, verify their background, income, and rental history. You can conduct tenant screenings to reduce future risks.
Taking proactive steps now protects your property and sets the stage for a secure, stable rental. You also have other options for caring for your properties and defending yourself against squatters.
Digital Tools to Help Landlords Thwart Squatters
Property owners can confidently handle squatters’ rights and adverse possession in South Dakota with proper documentation, thorough monitoring, and prompt legal action.
Using reliable property management software can help you track vacancy periods, schedule inspections, and store records to thwart squatters.
Take control of your South Dakota rental properties with TurboTenant by creating your free account today.
FAQs: Squatters’ Rights & Adverse Possession Laws in South Dakota
How long does it take a squatter to claim property rights in South Dakota?
In South Dakota, a squatter must occupy a property for at least 20 continuous years, or 10 years with a good faith claim and color of title and property tax payments. The squatter’s residence must also be open, actual, hostile, and exclusive for a valid claim.
Can landlords remove squatters legally without taking legal action?
Landlords can only remove squatters without legal action if law enforcement determines that an unauthorized occupant is a trespasser; in that case, they can be removed on the spot. Otherwise, landlords must always obtain a court-ordered eviction to remove a squatter.
What’s the difference between a squatter and a holdover tenant?
A squatter enters and lives on a property without permission, while a holdover tenant originally moved in under a valid lease agreement but refuses to leave when the contract expires. Holdover tenants retain limited tenant rights, but only squatters can claim adverse possession of a property.
Can a landlord turn off power or change locks to remove a squatter?
No. Landlords cannot shut off utilities, change the locks, or physically remove squatters from their properties. These tactics are known as self-help eviction, a practice illegal in all 50 states and subject to legal and civil penalties for landlords.