Steele v. Pfeifer

I dissent.

I agree that the documents are to be read as one, but I disagree on the result.

I am convinced that a fair reading of the easement, including the terms of the agreement, in the light of the circumstances under which they were drafted and executed, indicates an intent to limit the easement for the use of and access to the water.

In pertinent part, SDCL 43-13-5 provides, “The extent of a servitude is determined by the terms of the grant[.]” An easement like any other estate in land may be a base, qualified or determinable fee; i. e., an estate which may last forever, but which may end…