DeHaven v. Hall

ZINTER, Justice.

[¶ 1.] James and Carol DeHaven (De-Havens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens’ property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.

[¶ 2.] DeHavens and Halls owned adjacent tracts of land in Custer County, South Dakota. In 1992, DeHavens’ predecessor in interest granted Halls a thirty-foot easement across DeHavens’…