Recently, Joe Erickson of Schoenbeck & Erickson, PC, won a court trial regarding an adverse possession claim in Watertown. Adverse Possession is a legal concept that may result in a neighbor owning more property than shown on their deed because that neighbor has occupied the property for more than 20 years. These can be complicated cases, with many subtleties.
In this case, we represented a local Watertown business that purchased ground near Highway 212, where the previous owners occupied a substantial area of land that was not part of their deed.
A survey by the affected neighbor resulted in that neighbor claiming the land should be his—even though he had not used the land in the 20 years he had title to it.
The buyer, represented by Schoenbeck & Erickson, PC, took the matter to trial and won. Following the win, the affected neighbor appealed to the South Dakota Supreme Court. The South Dakota Supreme Court also ruled in favor of our client.