Graves v. Dennis
Supreme Court of South Dakota
691 N.W.2d 315 (2004)
The Blenners granted the Leavitts a 1978 easement across Lot 11 to a main road, which was never used; in 1981, Vaughn (new owner of Lot 11) granted the Blenners a different easement across the same lot serving the same access purpose, which the Blenners and their successors the Graveses (plaintiffs) used exclusively for years, while the unused 1978 easement was eventually blocked by a garage Vaughn built without knowing about it. After Dennis (defendant) bought Lot 11, a dispute arose over the 1981 easement, during which the Graveses discovered the 1978 easement and sought a declaration of their right to use it; the trial court found the 1978 easement abandoned.
Whether an easement is abandoned and extinguished where it is never used and substituted access is used exclusively in its place.