I finally got to talk to my lawyer tonight and of course he needs all the papers I have. He said he has 2 cases going right now concerning drainage and is working with someone that specializes in that field. John T-the easment says it is a PERPETUAL RIGHT-OF-WAY EASMENT INCLUDING THE RIGHT OF INGRESS AND EGRESS OVER, UPON AND ACROSS the property. It also says the owners of Tract A, which is his and tract B, which is mine are to share equally in the cost of snow removal and maintenance. And as I said before no improvements without approval of both parties. Now, SD Codified Law says that the OWNER OF SUCH ISOLATED TRACT OF LAND SHALL KEEP AND MAINTAIN SUCH RIGHT-OF-WAY AT HIS OR HER OWN EXPENSE. This would be the piece he owns and has the easment for access to. I know all the opinions here are just that, and nothing will be settled here, but, if someone else someday runs into such a situation, maybe what is being said here will benefit them. Thanks again for everyone's opinions.
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