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Source Adverse Possession Complete South Dakota Bar Exam Topic Index List Matched to this deck.

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After a dispute over land, financing, use, or transfer reaches court, one party asks for enforcement of a claimed property right. A possessor used land openly for years after an owner initially gave informal permission. The record contains both written proof and disputed oral testimony. The parties disagree about the legal effect of those facts. Which answer gives the best resolution?

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The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Adverse Possession and apply it to the operative facts. Reject the claim or defense solely because the opposing party disputes a required fact. Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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