Peterson v. Beck

537 N.W.2d 375 (1995)

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Peterson v. Beck

South Dakota Supreme Court
537 N.W.2d 375 (1995)

Facts

Merton Peterson (plaintiff) owned a private golf course that adjoined a parcel of land owned by his parents. The adjoining parcel contained a parking lot that was used by the patrons of Peterson’s golf course. In 1964, Peterson’s parents sold the adjoining land to the American Legion Club (the club). In 1978, the club transferred the land to VBC, Inc. (defendant). Peterson continued to use the lot. In 1992, VBC ordered Peterson to pay rent to cover his use of the lot. Peterson brought suit to quiet title. The court found in Peterson’s favor, concluding that, based on his open and obvious use of the lot, Peterson held an implied easement that was created when the adjoining land was sold to the club. VBC appealed.

Rule of Law

Issue

Holding and Reasoning (Amundson, J.)

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