This case presents the question of whether S-D RIRA, LLC “RIRA” is entitled to an easement over a private road located in The Outback subdivision for the purpose of accessing certain real property RIRA owns in Pickens County and whether RIRA has the right to travel over a road constructed over and across Lot 10 in The Outback to reach the private road at issue. RIRA filed a complaint against The Outback Property Owners’ Association, Inc. “the Association” asserting a statutory claim to an easement. Alternatively, RIRA claimed it had a contractual right to the declaration of a private way through the subdivision the private way to include the road on Lot 10, based upon The Outback’s Declaration of Covenants and the warranty deed transferring ownership of the subdivision’s private roads to the Association. RIRA also sought a declaration that the owner of Lot 10 had the right to extend the subdivision’s private road onto and over Lot 10 for the purpose of providing adjoining property owners such as RIRA with access to their property.1
RIRA now appeals from an order of the trial court dismissing RIRA’s statutory easement claim; granting judgment in favor of the Association on RIRA’s contractual claim for a private way and its claim for declaratory relief; denying RIRA’s motion for summary judgment on its claim for a private way and its request for declaratory relief; enjoining RIRA from using The Outback’s private roads or Lot 10 to access adjoining property, including RIRA’s land; and enjoining the owner of Lot 10 from using that property to access adjoining property. RIRA contends that the trial court erred in dismissing without prejudice its statutory claim for an easement for failure to plead the claim with more specificity; in entering a permanent injunction against the owner of Lot 10 in The Outback, who is not a party to this case; in finding that RIRA’s contractual claim for a private way and its claim for declaratory relief were barred by both The Outback’s Declaration of Covenants and by the theory of unjust enrichment; in denying RIRA’s motion for summary judgment; and in granting the Association’s claim for injunctive relief against RIRA. For reasons explained below, we reverse the trial court’s order dismissing RIRA’s statutory claim for an easement; affirm the judgment in favor of the Association on RIRA’s contractual claim for a private way and its claim for declaratory relief; vacate the permanent injunction entered against RIRA; vacate the permanent injunction entered against the owner of Lot 10; and remand the case for proceedings consistent with this opinion.
