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Keywords

trialeasementquiet title action

Related Cases

Peterson v. Beck, 537 N.W.2d 375

Facts

Peterson owns Cactus Heights Country Club in Sioux Falls, which has historically used a parking lot located between the golf course and a supper club. This parking lot was sold to the American Legion Club in 1964, and later transferred to VBC, which demanded rent from Peterson in 1992. Peterson filed an action to quiet title, claiming adverse possession, but the trial court found no adverse possession but recognized an implied easement for the golf club's use of the parking lot.

Peterson owns and operates Cactus Heights Country Club, a private golf course (Golf Course) in Sioux Falls, which is surrounded by a residential area.

Issue

Did the trial court err by not dismissing Peterson's entire quiet title action when it denied the adverse possession claim, and did it err in granting Peterson an easement by implication?

Did the trial court err by not dismissing Peterson's entire quiet title action under SDCL 15–6–50(a) when it denied the adverse possession claim?

Rule

An implied easement may exist even when there is no express conveyance, particularly when the prior use of the property was open and obvious, and necessary for the enjoyment of the dominant estate.

An easement may be created by implication even where there is no express conveyance or the conveyance is not recorded because constructive notice is deemed to exist when an apparent servitude of one parcel in favor of another is obvious to anyone viewing the land.

Analysis

The court applied the rule of implied easements by considering the historical use of the parking lot by the golf course patrons, which was evident and beneficial to both the golf course and the supper club. The trial court found that the easement was necessary for the golf course's operations and that VBC had constructive notice of the easement due to the longstanding use.

The trial court found that Grantor had used the parking lot for the Golf Course patrons prior to the sale to the Legion of the parcel containing the parking lot.

Conclusion

The Supreme Court affirmed the trial court's decision, holding that the golf club possessed an implied easement over the parking lot and that the supper club owner acquired the property subject to this easement.

The decision of the trial court is affirmed in its entirety.

Who won?

Peterson prevailed in the case because the court upheld the existence of an implied easement, recognizing the historical use and necessity of the parking lot for the golf course.

Peterson prevailed in the case because the court upheld the existence of an implied easement.

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