RECENT PRESCRIPTIVE EASEMENT CASE

For an interesting read about the “hostility” element required to establish an easement by prescription, see Dault v. Shaw, Alaska Supreme Court Opinion No. 6847 dated November 29, 2013. This opinion cites (and quotes very extensively from) many prior opinions of the Court on prescriptive easements. There is a vigorous dissent, and the Superior Court decision being appealed is attached to the Opinion. You do not normally get this much information in one Opinion. Go to http://courts.alaska.gov/appcts.htm#slips . CP

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