Property Disputes in Sioux Falls, SD

Property disputes in South Dakota are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Sioux Falls, South Dakota. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Sioux Falls, SD property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

South Dakota’s 2nd Circuit Court has jurisdiction over all civil matters in Sioux Falls, including property disputes. However, if your case involves $12,000 or less, the Magistrate Division of the court may handle the matter.

Common Types of Sioux Falls, South Dakota Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagree over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Sioux Falls where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Sioux Falls, South Dakota Property Disputes

Trees that grow near a property line can cause disputes between the tree owner and their neighbors. Unlike some jurisdictions, South Dakota does not have state statutes that address this issue. However, most Sioux Falls courts follow the common law rule that permits a landowner to trim branches that overhang their property. In addition, the Sioux Falls City Code defines any dead, diseased, or insect-infested tree as a nuisance. As such, the property owner must either treat or remove the nuisance tree.

Another type of property dispute can arise when farmland abuts residential or commercial areas. However, like all states, South Dakota has Right to Farm laws that limit nuisance lawsuits against Sioux Falls farmers. In addition, South Dakota’s laws also apply to any commercial operation for the production or processing of crops, timber, or livestock. Furthermore, if the court determines that a nuisance lawsuit is meritless, the plaintiff may have to pay the defendant’s court costs.

Legal Process for Boundary Disputes In Sioux Falls, South Dakota

Has someone brought a property dispute against you in Sioux Falls, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Sioux Falls, SD property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Under South Dakota legislation, adjoining Sioux Falls landowners are equally responsible for building and maintaining boundary fences. In addition, if the neighbors cannot agree on the specifications, the law dictates the parameters of their Legal Partition Fence. Furthermore, all fences must comply with Sioux Falls fence ordinances.

Try to Find a Solution with Your Neighbor

Property dispute litigation in , can be both costly and time-consuming. To avoid the expense and delays of going to court, it’s often best to initiate a conversation with your neighbor. If you can settle the matter amicably, you’ll save both time and money.

Start by communicating directly with your neighbor. This can be through a letter, email, phone call, or even a visit to their home if it’s a safe option.

If efforts to resolve the dispute don’t make any headway, and you find yourselves at an impasse, it may be time to seek legal assistance. An attorney can help you assess whether you have a solid legal case and, if so, assist in sending a demand letter to move the process forward.

Sending a Demand Letter

This letter will be from your Sioux Falls attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Sioux Falls, SD property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

The Minnehaha County 2nd Circuit Court typically handles property disputes in Sioux Falls.

Work With an Experienced Local Property Dispute Lawyer In Sioux Falls, South Dakota

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Sioux Falls property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across South Dakota state lines.

Submit a request online or call us today at (866) 345-6784 to speak with an attorney in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.