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.

http://www.courts.alaska.gov/ops/sp-6767.pdf