Two Recent Alaska Supreme Court Cases on Easements
For a review of what it takes to establish a public prescriptive easement and determine or prove its scope of use, see Pirice v Eastham, et al, Alaska Supreme Court Opinion 6578, issued July 15, 2011. (Those of you who have an interest in this topic will probably recognize the parties’ names – this is the third time the Court has dealt with the issue. CLP)
Another case you will probably find interesting is Cowan v. Yeisley, et al, Alaska Supreme Court Opinion 6560, issued May 27, 2011. This case involves land in the Ketchikan area that what once was probably a private easement. Among the questions presented were: What version of the law should have been applied to determine if the easement had been extinguished by prescription – the law as amended in 2003 or the prior version? Had the easement been dedicated to the public by a plat the underlying fee owners had not signed? (The fact situation in this case is somewhat confusing, and though a short 24 pages, this opinion is not an easy read, but worth the effort. CLP)
