1)
Dispute
between neighboring landowners laid to rest
Summary follows:
HELLEBERG v. ESTES, 2020 S.D. 27:
This dispute evolved from an
alleged easement road and a restrictive covenant placed upon 40 acres of land
which, in 1977, was divided into residential lots. The covenant provided “The right of access to repair or
install the water lines and to build an access road and use said access road
over the water line is hereby granted by owner.” Multiple claims, including
an assault and battery claim, were filed by and between the parties
(neighboring landowners). The trial court resolved some claims by summary
judgment and the remaining claims by bench trial.
The SD Supreme Court
affirmed, with the Court reviewing the trial court’s interpretation of the restrictive
covenant de novo and also upholding the trial court’s finding that the
Defendants failed to prove elements necessary to establish a prescriptive
easement.
The Court’s ruling is unanimous,
with opinion authored by Justice Jensen.
Circuit Judge Giles sat on this case, in lieu of Justice Kern. NOTE:
This decision is handed down less than two months after it was submitted
on the briefs to the Court on March 13, 2020.
This decision
may be accessed at
