Property Disputes in South Dakota

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 South Dakota. Discover the legal remedies and actions that can help you clear up a misunderstanding 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. South Dakota 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 Circuit Courts have jurisdiction over all civil matters in the state, including property disputes. However, if your case involves $12,000 or less, the local Magistrate Court may have concurrent jurisdiction.

Common Types of South Dakota Property Disputes

Often, the result of a property dispute in South Dakota is the plaintiff will receive compensation to cover their losses. The most common property disputes 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 disagreeing 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 South Dakota 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 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 South Dakota courts follow the common law rule that permits a landowner to trim branches that overhang their property. In addition, South Dakota law requires a landowner to trim their trees, weeds, and bushes that encroach on public roads.

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 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 was meritless, the plaintiff may have to pay the defendant’s court costs.

Legal Process for Boundary Disputes in South Dakota

Has someone brought a property dispute against you in South Dakota, 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 South Dakota 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 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. Unless otherwise agreed upon, each landowner is responsible for half of the costs, and either party can recover damages from the other for noncompliance.

Try to Find a Solution with Your Neighbor

South Dakota dispute litigation can cost a fortune, not to mention it can take a long time to settle a dispute. That’s why it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, then it’s time to take legal action.

Send a Demand Letter

At this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

This letter will be from your South Dakota 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.

Go to Court or Reach 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 look closely at the evidence presented and determine who owns the South Dakota property in question. If you can’t reach an agreement, then the court will make a final decision based on the evidence you both submit. 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 is always in your best interest to settle.

Work With an Experienced Local Property Dispute Lawyer in 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 South Dakota 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 get in touch with an attorney in your area!