Tibbitts v. ANTHEM HOLDINGS CORPORATION

2005 SD 26, 694 N.W.2d 41, 2005 S.D. LEXIS 27
CourtSouth Dakota Supreme Court
DecidedFebruary 23, 2005
DocketNone
StatusPublished
Cited by3 cases

This text of 2005 SD 26 (Tibbitts v. ANTHEM HOLDINGS CORPORATION) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tibbitts v. ANTHEM HOLDINGS CORPORATION, 2005 SD 26, 694 N.W.2d 41, 2005 S.D. LEXIS 27 (S.D. 2005).

Opinion

MEIERHENRY, Justice.

[¶ 1.] This is an appeal from a judgment to quiet title in abandoned highway land to Rita and Alwin Tibbitts (Tibbitts). We affirm in result.

FACTS

[¶ 2.] In January of 1980, the State of South Dakota Department of Transportation (DOT) formally abandoned a portion of an old highway in Pennington County and declared that any rights reverted to the former owner, his heirs or assigns. The DOT had platted the portion of the road at issue a few weeks prior to the abandonment. The plat split the highway land into two equal lots divided by the road’s center line. The lots were platted as Lot W and Lot W-l. Lot W is made up of the northern portion of the abandoned road and is adjacent to Lot 1 (Lot A), which is owned by Tibbitts. Lot W-l is made up of the southern portion of the abandoned road and is adjacent to Tract 2, which is owned by Anthem Holdings Corporation (Anthem). The parties dispute ownership of the two lots after the State’s abandonment.

[¶ 3.] Despite the highway being abandoned in 1980, the issue of the ownership *43 did not arise until June of 2000, when Tibbitts conducted a survey of their property. The survey showed that they had placed some of their improvements on Lot W and some pavement on Lot W-l. The Defendant, Anthem Holdings, gave Tib-bitts a notice of wrongful possession of Lots W and W-l. Tibbitts denied Anthem’s claim and on September 11, 2001, commenced this lawsuit to quiet title. Tib-bitts claimed ownership of Lot W. Anthem counterclaimed to quiet title of both Lots W and W-l in its favor. The trial court found that the highway property reverted to the owners of the adjacent lots. Accordingly, the trial court ruled that one-half belonged to Tibbitts (Lot W), and one-half belonged to Anthem (Lot W-l). Anthem appeals, claiming all of the property should have reverted to it.

ISSUE

Whether the trial court erred in determining that the abandoned highway right of way reverted to the adjoining property owners.

STANDARD OF REVIEW

[¶ 4.] The trial court decided this case on stipulated facts, exhibits and briefs. Our resolution of the case turns upon the interpretation of contracts and the application of law. Interpretation of contracts is a question of law, reviewed de novo. Prunty Const., Inc. v. City of Canistota, 2004 SD 78, ¶ 10, 682 N.W.2d 749, 753. We review a trial court’s conclusions of law de novo. Parmely v. Hildebrand, 2001 SD 83, ¶ 6, 630 N.W.2d 509, 512.

DECISION

[¶ 5.] In order to decide who owns Lots W and W-l, it is necessary to trace the history of their ownership. Prior to 1929 what are now Tract 2, Lot A, Lot W and Lot W-l were all part of one large piece of land owned by Charles Snyder. In 1929, Charles Snyder deeded a strip of this land to Pennington County for a highway right of way. Additional land was granted by another deed executed in 1933. Although “deeds” were used to convey the land, the deeds stated they were for a “right of way.” Thus, our initial inquiry is whether the deeds passed title of the land to the County in fee or only transferred an easement. The trial court concluded that the land was conveyed in fee. The trial court erred in this conclusion.

[¶ 6.] Since the County purchased its interest in the land, as opposed to condemning the land, we look to the language of the deeds from the landowner to the County to determine if the land was transferred in fee. 1 The original deeds to the County specifically state that the conveyances were for rights of way. 2 The 1929 deed conveyed “[a] strip of land, 80 feet wide for highway right of way situated in the Wisconsin Placer.... ” The 1933 deed conveyed “[rjight of way for the Hill City-Rapid City Highway across the Wisconsin Placer.... ” Further supporting an easement conveyance is a 1930 map. The map depicts the land the County intended to acquire for highway purposes. This map includes the land at issue here and is *44 conspicuously titled a “RIGHT OF WAY MAP.”

[¶ 7.] We have stated that “[w]here the term ‘right of way’ is used in a deed it usually indicates that only an easement or right of passage is being conveyed or reserved.” Northwest Realty Co. v. Jacobs, 273 N.W.2d 141, 144 (S.D.1978); see also Pluimer v. City of Belle Fourche, 1996 SD 65, ¶¶ 14-17, 549 N.W.2d 202, 205-06 (finding that the State held only an easement for highway purposes); Cuka v. State, 80 S.D. 232, 237, 122 N.W.2d 83, 85 (1963) (stating that where a warranty deed was used to convey property to the State for a highway, “[a]n easement was all the state could acquire regardless of the form of the instrument of conveyance”). In this case, the deeds conveying an interest in the land to the County conveyed only rights of way, and title to the land remained in the grant- or, Charles Snyder. 3

[¶8.] Having determined that title to the land remained with the grantor, we must now track the chain of title to the present day. At the time of the conveyance of the rights of way, Charles Snyder was the sole owner of the land over which the rights of way passed and all land adjacent to the rights of way. In 1937 Snyder platted and sold Lot A, a portion of the land adjacent to the rights of way. The deed for Lot A is silent as to whether any portion of the adjacent right of way land at issue here is included in the conveyance. 4 South Dakota law provides that “[a] transfer of land bounded by a highway passes the title of the person whose estate is transferred to the soil of the highway in front, to the center thereof, unless a different intent appears from the grant.” SDCL 43-25-29. Applying this statute we have said: “The conveyance of property fronting on a street or highway is presumed to carry title to the center of the street or highway, ‘unless the fee in the street is expressly reserved in the conveyance.’ ” Pluimer, 1996 SD 65, ¶ 13, 549 N.W.2d at 205 (quoting Holida v. Chicago & N.W. Transp. Co., 398 N.W.2d 742, 744 (S.D.1986)) (additional quotations and citations omitted).

[¶ 9.] Anthem contends that the fee in the street was expressly reserved by virtue of the description of Lot A contained in the deed of conveyance. This description provides a boundary line that is located at the edge of the adjacent right of way property, rather than at the center of the right of way property. Anthem *45 purports that since the boundary was defined as the edge of the right of way property, the right of way property was reserved. We do not agree. We examined an analogous situation in Sweatman v. Bathrick, 17 S.D. 138, 95 N.W. 422 (1903). In Sweatman,

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Bluebook (online)
2005 SD 26, 694 N.W.2d 41, 2005 S.D. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tibbitts-v-anthem-holdings-corporation-sd-2005.