State of South Dakota
Senators Hanson (Gary), Heidepriem, Lintz, McNenny, Nesselhuf, and
Peterson (Jim) and Representatives Rhoden, Halverson, Hargens, Lucas,
Moore, Pitts, Sigdestad, Street, and Vehle
FOR AN ACT ENTITLED, An Act to
provide a defense of mutual mistake to certain adverse
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended by adding thereto a NEW SECTION to read as
No person claiming title to real property by adverse possession may prevail against an owner
of record if:
(1) The adverse possessor was the owner of property directly bordering property of the
owner of record; and
(2) The possession and dominion exercised by the adverse possessor extended uniformly
along the boundary line in a manner indicating that the two parties were mutually
mistaken about the location of the actual boundary line between the properties.
The provisions of this section do not apply to platted land or to parcels of real property
within the boundaries of a municipality.
250 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.038 per page.
Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by