Monday, January 6, 2014

Northwest Realty Co. v. Jacobs case brief

Northwest Realty Co. v. Jacobs case brief summary
273 N.W.2d 141 (1978)

Appellant property owners sought review of a decision from the trial court (South Dakota), which found in favor of appellee realty company in an action seeking an injunction requiring the property owners to remove large amounts of fill dirt from a piece of property.

Individuals purchased two lots on either side of a ditch. When the property owners filled a portion of the ditch, a realty company which was a successor to the company which dug the ditch claimed fee title to the ditch and filed an injunction seeking to have the owners remove the fill dirt. A judgment was rendered in favor of the realty company and the owners sought review.


  • The court determined by examining the original conveyance that only a right of way easement was conveyed and not a fee title. 
  • Therefore, the realty company did not own the fee title to the ditch. The judgment of the trial court was reversed.

The court reversed the judgment of the trial court in favor of the property owners in an action to quiet title.

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