A writ of possession—also known as a writ of eviction—is a court order issued after the landlord wins an eviction case in court against a residential or commercial tenant. This court order gives the landlord the exclusive right to possession of the property. The local sheriff or constable will often serve the writ of possession or eviction on the tenant and will physically remove the tenant if necessary.

A writ of possession is also issued to a purchaser of a property that was foreclosed on and sold at a sheriff’s sale—which historically took place on the courthouse steps, and sometimes still does. In the foreclosed property context, the writ of possession allows the purchaser who bought the property in foreclosure to take immediate possession of the property.

Laws regarding writs of possession or writs of eviction vary from state to state, including the amount of time the tenant has to vacate the property after being served with the writ of possession or writ of eviction—generally ranging from 24 hours to 30 days—before being physically removed by the sheriff or constable.

In South Dakota, a writ of possession, also known as a writ of eviction, is a legal instrument that a court issues to enforce an eviction judgment in favor of a landlord against a tenant. This writ authorizes the landlord to reclaim the property and typically involves the local sheriff's office in serving the notice and carrying out the eviction if necessary. The time frame for a tenant to vacate the premises after receiving a writ of possession in South Dakota is generally short, often giving the tenant a few days to leave. The exact period can vary based on the specific circumstances of the case and the court's discretion. Additionally, in the context of foreclosed properties, the writ of possession enables the new owner, who has purchased the property at a sheriff's sale or foreclosure auction, to take immediate possession. The process and timelines for eviction and possession after foreclosure sales are governed by state statutes and court rules, which outline the procedures for notice, service, and execution of the writ.