How to Remove a Squatter from Your South Dakota Property Before a Sale

Disclaimer: This is educational information only and not legal advice. For specific guidance about your situation, contact a licensed South Dakota attorney.

Detailed Answer: What happens and what you can do

When someone occupies your property without permission, they may be called a squatter. In South Dakota, an unauthorized occupant creates both civil and potentially criminal problems. The most important points are: do not use self-help (force, changing locks, or removing possessions yourself), document the situation, and follow court procedures to remove the person so you preserve your legal rights and clear title for sale.

Is the occupant a squatter, a tenant, or a licensee?

First identify how the person claims the right to be there. A squatter admits no permission. A tenant claims a lease. A licensee claims temporary permission. The legal process you use depends on which category applies. If the occupant claims to be a tenant, eviction/forcible entry procedures apply. If the occupant admits no permission, you still must use the proper civil or criminal process rather than self-help.

Possible criminal issues

Unauthorized occupancy can be a crime (trespass or unlawful entry) in some circumstances. If the occupant is violent or refusing to leave after being asked to vacate, call the police. Document what happens, and get incident reports. Criminal charges may help in extreme cases, but they do not replace the civil process needed to clear title or get a writ of possession for a sale.

Civil remedies: eviction/forcible entry and detainer (the usual path)

Most property owners must use the forcible entry and detainer (unlawful detainer / eviction) process in the appropriate South Dakota court to remove an unauthorized occupant. Steps generally include:

1. Document the occupancy with photos, dates, witness statements, and proof the person does not have your permission.
2. Deliver a written demand to vacate (send by certified mail when possible and keep receipts).
3. If the occupant refuses, file an eviction or forcible entry and detainer action in local court. Magistrate or circuit courts commonly handle these matters; check your county court rules.
4. Attend the hearing. If the court rules for you, it will issue a judgment and a writ of possession (order authorizing law enforcement to remove the occupant).
5. Have the sheriff or other authorized officer execute the writ and remove the occupant and their belongings if necessary. Only law enforcement may carry out removals under the writ.

Follow court orders precisely. If you try to remove the occupant yourself (changing locks, shutting off utilities, or physically removing belongings), you can face civil liability or criminal charges.

Adverse possession: can a squatter get legal title?

Adverse possession is a way for someone occupying land to claim ownership after a statutory period if their possession meets specific legal requirements (typically possession that is hostile, actual, open and notorious, exclusive, and continuous for the required time). Because adverse possession claims require strict proof and a long statutory period, they rarely defeat a property owner who takes prompt action. If you are worried a squatter may try to claim title, preserve evidence of your ownership: pay property taxes, keep the property secured, and promptly start eviction and, if needed, quiet title proceedings.

Impact on a pending sale

A squatter can delay or derail a sale because buyers and title companies typically require clear title and possession. Most buyers will insist on removal before closing or require escrow remedies (holdbacks) to ensure clear title. Inform your buyer, your closing agent, and your title company immediately. The sale can proceed only once the occupant is legally removed and title issues are resolved.

When to involve criminal authorities or request emergency relief

Call 911 if the occupant is violent or you fear for safety. For nonviolent but urgent situations (e.g., occupant threatens property damage), law enforcement may make a criminal trespass arrest if an arrestable offense occurred. For nonemergency removals, rely on the civil court process.

When to consult an attorney

Contact a South Dakota real estate or eviction attorney if the occupant resists, claims tenancy, or threatens to assert adverse possession. An attorney can help you: identify the correct claim, file the right paperwork in the proper court, request expedited relief if necessary, and coordinate with title companies or buyers.

Where to find South Dakota statutes and court resources

South Dakota’s codified laws and court information are online. For statutory language on trespass, property, and civil procedure, see the South Dakota Codified Laws: sdlegislature.gov – Codified Laws. For court forms and local procedures, see the South Dakota Unified Judicial System: ujs.sd.gov. These resources will point you to the statutes and forms you or your attorney will use in court.

Helpful Hints

• Do not engage in self-help eviction (locking out, removing possessions, or shutting off utilities). It can expose you to liability.
• Document everything: photos, dates, written notices, witness names, and copies of communications. This helps at hearing and for title disputes.
• Send a written demand to vacate by certified mail and keep the return receipt. This shows you tried to resolve the issue before suing.
• Call the police immediately if the occupant is dangerous or committing a crime. For nonviolent situations, start the civil eviction process quickly.
• Notify your buyer, real estate agent, and title company as soon as you discover the problem. They may advise placing holds in escrow or delaying closing until the occupant is removed.
• If the occupant claims to be a tenant, ask for written proof of a lease, payments, or rental agreement. If none exists, the eviction route is usually appropriate.
• Preserve evidence of ownership (deed, tax records, insurance). Paying property taxes and maintaining the property weakens adverse possession claims.
• Work with the county sheriff for service of process and executing writs. Only authorized officers can forcibly remove occupants after court order.
• Consider hiring local counsel experienced with South Dakota eviction and property litigation to speed the process and protect your sale.

If you want, provide brief facts about the property (city/county, whether the occupant claims a lease, whether the sale is pending) and I can outline likely next steps and which local court you should contact.