Property Law

• Guilford v. Weidner Investment Services, Inc.
  REAL PROPERTY Supreme Court of Alaska (2023) Johanna Crisman In Guilford v. Weidner Investment Services, Inc., 522 P.3d 1085 (Alaska 2023), the supreme court held that under the Uniform Residential Landlord Tenant Act (URLTA), a tenant may recover damages from the discomfort, annoyance, and mental distress attributable to violations of warranty of habitability. (Id.) In October 2008, Guilford ...
• Shields v. Clark
  PROPERTY LAW Supreme Court of Alaska (2023) Katie Raya In Shields v. Clark, 534 P.3d 94 (Alaska 2023), the supreme court determined that a monetary transfer for home purchase, even when accompanied by a gift letter, could be recognized as an interest in the property if the parties’ conduct indicated their clear intention for the transfer to function ...
• Evertson v. Sibley
  PROPERTY LAWSupreme Court of Alaska (2022)Rachel ReissIn Evertson v. Sibley, 520 P.3d 157 (Alaska 2022), the supreme court held that because a banklacked actual and constructive notice of any adverse interest to a contested property, it was a bonafide lender with priority over other claimants to the property. (Id. at 161–62). In 2004, a sonconveyed ...
• Griffith v. Hemphill
  PROPERTY LAWSupreme Court of Alaska (2022)Rachel ReissIn Griffith v. Hemphill, 521 P.3d 584 (Alaska 2022), the supreme court held that tenants’ breachof contract claim against their landlord was timely filed and thus not barred by the statute oflimitations. (Id. at 588). Starting in 2008, two tenants leased commercial property from a landlordin order to operate ...
• Ahtna, Inc. v. State, Department of Natural Resources
  PROPERTY LAWSupreme Court of Alaska (2022)Sarah CouillardIn Ahtna, Inc. v. State, Department of Natural Resources, 520 P.3d 131 (Alaska 2022), the supremecourt held that certain statutory rights of way were limited to uses reasonably necessary for“highway” purposes as the word was defined in 1969. (Id. at 138, 141). Under a statute governingconstruction of highways over ...
• Kloosterboer International Forwarding LLC v. United States, Department of Homeland Security
  PROPERTY LAWUnited States District Court, District of Alaska (2022)Rachel ReissIn Kloosterboer International Forwarding LLC v. United States, Department of HomelandSecurity, 604 F.3d 853 (D. Alaska 2022), the district court held that a transporter of frozenseafood products from Alaska to the east coast of the United States did not qualify for the ThirdProviso exception to the ...
• Wayson v. Stevenson
  PROPERTY LAW Supreme Court of Alaska (2022) Sarah Brooks In Wayson v. Stevenson, 514 P.3d 1263 (Alaska 2022), the supreme court held that if a deed of easement allows for a right to use a roadway for any means that the landowner may deem “necessary or appropriate” without further restriction, the landowner may use the roadway easement for ...
• Reeves v. Goodspeed Properties, LLC
  PROPERTY LAW Supreme Court of Alaska (2022) Sarah Couillard In Reeves v. Goodspeed Properties, LLC, 517 P.3d 31 (Alaska 2022), the supreme court held that improvements in an easement were not necessarily unreasonable simply because they were permanent. (Id. at 40). An LLC owned a parcel of land, adjacent to a parcel owned by an individual who had ...
• Caswell v. Ahtna, Inc.
  PROPERTY LAW Supreme Court of Alaska (2022) Kristiana Olson In Caswell v. Ahtna, Inc., 511 P.3d 193 (Alaska 2022), the supreme court held that a miner’s conflict with his corporate landowner fell within the scope of forcible entry and detainer (FED) proceedings, despite the miner’s asserted claims to property and a disputed lease. (Id. at 198). At the ...
• Thomas v. Joseph P. Casteel Trust
  PROPERTY LAW Megan Mason Dister In Thomas v. Joseph P. Casteel Trust, 496 P.3d 403 (Alaska 2021), the supreme court upheld a nonjudicial foreclosure because the junior lienholder was not prejudiced by a failure to provide supplemental notice, the sale price did not warrant the foreclosure being set aside, and there was not sufficient evidence of fraud. ...