Peterson v. Beck
South Dakota Supreme Court
537 N.W.2d 375 (1995)
Merton Peterson (plaintiff) ran a golf course whose patrons openly used an adjoining parking lot owned first by his parents, then sold to the American Legion Club, and later transferred to VBC, Inc. (defendant). Peterson's continuous, visible use of the lot predated and survived both transfers, but no easement was ever recorded. When VBC later demanded rent for Peterson's continued use, he sued to quiet title, and the trial court found he held an implied easement created when the land was first sold to the club.
Whether a subsequent purchaser of land is bound by an implied easement arising prior to the purchase, even if not recorded, where the use was open and apparent such that the purchaser was on notice of the easement.