Property Line Disputes


Property Line Disputes
The subject Property in Dispute

Property Line Disputes


The Kaylors live in the north parcel, 4500 E 135th.  The McCarrey’s live in the south parcel, 4530 E 136th.  Between them lies a strip of land that looks like a road.  The parties agree that the strip of land is owned by the McCarreys; but, they don’t agree as to whether the McCarrey’s can exclude the Kaylor’s from their own property.

The Kaylors like to store their Alaska toys at the back of their lot so they don’t have to see their own collection of used vehicles.  Instead, they’d like to leave them in full view of the MCCarrey’s front windows and drive way.  The McCarrey’s proposed fencing the area and installing a gate to reduce the Kaylor’s access and to encourage them to store their stuff somewhere else.  The Kaylors sued to prevent the fence.

The trial court granted the injunction.  The Alaska Supreme court overruled this holding and remanded the matter back to the trial court for additional findings.  Specifically, the land grant that created the interest provided for a public right of way.  However, the parties had not addressed any evidence to the issue of whether the public right of way grant had been accepted by any governmental agency.  If it turns out that the grant was accepted as a public right of way the Kaylors can keep piling stuff up in the McCarrey’s front view.



SEA SHEPHERD CONSERVATION SOCIETY shall stand trial for Piracy

The Sea Shepherd Conservation Society attacks whaling ships.  The Sea Shepherd attacked the INSTITUTE OF CETACEAN RESEARCH vessel.  Research brought claims of piracy against the Society.  The Oregon federal district court dismissed the claims.  Just last month, on appeal the Ninth Circuit held the Sea Shepherd trial shall proceed to trial and reversed the dismissal.  Under the laws of nations the conduct is piracy, even though the purpose of the conservation group does not include seeking private financial gain from the vessels against which it engages in aggressive actions

Jolly Roger of “Calico Jack” Rackham
Image in public domain

April 25, 2013 — Seward’s Day in Alaska

The Alaska court system is closed today, April 25, 2013.  It is Seward’s Day and our offices are closed as well.  I have been handling a few matters and have a client meeting later today.  But, there is nothing that can be filed in court today.  I look forward to serving your needs tomorrow.

The Anchorage Daily News has accumulated a list of other offices that are closed today

Seward's Day in Alaska  -- The courts are closed
The March 30, 1867 check used to purchase Alaska.

as well.

Local and Federal Taxes

Williams v. Ketchikan Gateway Borough, Alaska Sup. Ct. S14513 (Feb. 15, 2013). (Holding your personal residence is not exempt from local taxation simply because you built your home with federal grant money.) Was the grant money taxable income in the year received? Are the forgiveness provisions of the repayment terms taxable forgiveness of indebtedness income? If not, should they be?