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Schultz v. Dew

Supreme Court of South Dakota
564 N.W.2d 320 (1997)

Facts

In 1946, Lawrence Pepka and Pearl Pepka obtained two parcels of residential property, which were then conveyed through a series of people to Bernard Pepka, Mary Carter, and Mark Shultz (plaintiffs). The neighboring property was owned by Thomas Dew and Denise Dew (defendants). The plaintiffs used a strip of land that they believed to be on their property as a driveway with a grassy border. The plaintiffs put gravel on the driveway, paved the driveway, mowed the grass, and planted trees along the driveway in the grassy area. In 1993, the plaintiffs decided to sell the property, and the Dews asserted ownership of the strip of land containing the driveway and trees. The plaintiffs brought suit, claiming adverse possession. The trial court granted summary judgment for the plaintiffs, and the Dews appealed.

Rule of Law

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Issue

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Holding and Reasoning (Miller, C.J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
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  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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