Actual occupation required for adverse possession under claim other than written instrument or judgment.

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15-3-12. Actual occupation required for adverse possession under claim other than written instrument or judgment.

Where it shall appear that there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment, or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.

Source: SDC 1939 & Supp 1960, §33.0223.


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