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Source Adverse Possession South Dakota Bar Exam Topic Index 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. A party invokes an equitable or discretionary remedy after contributing to the problem. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. 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. Import a rule from a nearby issue instead of applying the rule triggered by these facts. Resolve the dispute on equitable fairness alone without identifying the governing doctrine or its limits.

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