Property Law

  • Dickson v. State, Department of Natural Resources In Dickson v. State, Department of Natural Resources, the Supreme Court of Alaska held that RS 2477 rights of travel allow for public access to federal land intended for non-public use.  In 1958, Benjamin Cowart homesteaded 160 acres, across the southern part of which his neighbor built Homestead Road without permission.  The public began using ...
  • Brennan v. Brennan In Brennan v. Brennan, the Supreme Court of Alaska held that to determine whether separate property has been transmuted into marital property through an implied inter-spousal gift, a court must determine whether the owning spouse intended “to donate or convey separate property to the marital unit or marital estate.”  Kelly Brennan formed a fishing business ...
  • Keenan v. Meyer In Keenan v. Meyer, the supreme court upheld the superior court’s award of compensatory damages and full attorneys’ fees in a dispute between neighbors over an access easement and water rights, holding that the superior court’s findings of fact were not clearly erroneous and the district court did not abuse its discretion.  The Keegans and ...
  • Dunmore v. Dunmore In Dunmore v. Dunmore, the Supreme Court of Alaska held that while a court cannot lawfully divide social security benefits belonging to either spouse, courts have discretion to consider them as evidence of the parties’ respective financial positions when equitably dividing marital property. Gloria and Richard Dunmore were married in 1975, separated in July 2007, ...
  • Riddle v. Lanser In Riddle v. Lanser, the supreme court held that the Right to Farm Act does not shield individuals from nuisance liability where the activity is not part of an “agricultural facility” or “agricultural operation at an agricultural facility” before becoming a nuisance. In 2005, Riddle acquired property covered by a farm conservation plan, and he ...
  • Hooks v. Alaska United States Federal Credit Union In Hooks v. Alaska United States Federal Credit Union, the Supreme Court of Alaska affirmed the superior court’s ruling that discredited both the “vapor money” and “unlawful money” theories as attempts to nullify a mortgage agreement. Hooks obtained a loan from Homestate Mortgage Company LLC (Homestate) to refinance an existing loan, which was secured by ...
  • Reeves v. Godspeed Properties, LLC In Reeves v. Godspeed Properties, LLC, the supreme court held that Alaska law recognizes partial extinguishment of easements through prescription. After a series of property transfers, Reeves owned an easement on a piece of Godspeed’s property. Reeves offered to sell the easement to Godspeed, but the parties were unable to come to an agreement. Godspeed ...
  • Beecher v. City of Cordova  In Beecher v. City of Cordova, the supreme court held that, upon the grant of a motion for an accounting, the burden falls on the nonmoving party to provide a proper accounting, even if there is a significant burden to do so. In 1997, the Beechers entered into a lease with the City of Cordova to operate a fueling ...
  • Bibi v. Elfrink In Bibi v. Elfrink, A couple bought a home using loans from a bank and later received ...
  • Yuk v. Robertson In Yuk v. Robertson, In 2010, the Yuks discovered that a portion of land on the Robertsons’ side of the fence ...

Property Law

  • Dickson v. State, Department of Natural Resources In Dickson v. State, Department of Natural Resources, the Supreme Court of Alaska held that RS 2477 rights of travel allow for public access to federal land intended for non-public use.  In 1958, Benjamin Cowart homesteaded 160 acres, across the southern part of which his neighbor built Homestead Road without permission.  The public began using ...
  • Brennan v. Brennan In Brennan v. Brennan, the Supreme Court of Alaska held that to determine whether separate property has been transmuted into marital property through an implied inter-spousal gift, a court must determine whether the owning spouse intended “to donate or convey separate property to the marital unit or marital estate.”  Kelly Brennan formed a fishing business ...
  • Keenan v. Meyer In Keenan v. Meyer, the supreme court upheld the superior court’s award of compensatory damages and full attorneys’ fees in a dispute between neighbors over an access easement and water rights, holding that the superior court’s findings of fact were not clearly erroneous and the district court did not abuse its discretion.  The Keegans and ...
  • Dunmore v. Dunmore In Dunmore v. Dunmore, the Supreme Court of Alaska held that while a court cannot lawfully divide social security benefits belonging to either spouse, courts have discretion to consider them as evidence of the parties’ respective financial positions when equitably dividing marital property. Gloria and Richard Dunmore were married in 1975, separated in July 2007, ...
  • Riddle v. Lanser In Riddle v. Lanser, the supreme court held that the Right to Farm Act does not shield individuals from nuisance liability where the activity is not part of an “agricultural facility” or “agricultural operation at an agricultural facility” before becoming a nuisance. In 2005, Riddle acquired property covered by a farm conservation plan, and he ...
  • Hooks v. Alaska United States Federal Credit Union In Hooks v. Alaska United States Federal Credit Union, the Supreme Court of Alaska affirmed the superior court’s ruling that discredited both the “vapor money” and “unlawful money” theories as attempts to nullify a mortgage agreement. Hooks obtained a loan from Homestate Mortgage Company LLC (Homestate) to refinance an existing loan, which was secured by ...
  • Reeves v. Godspeed Properties, LLC In Reeves v. Godspeed Properties, LLC, the supreme court held that Alaska law recognizes partial extinguishment of easements through prescription. After a series of property transfers, Reeves owned an easement on a piece of Godspeed’s property. Reeves offered to sell the easement to Godspeed, but the parties were unable to come to an agreement. Godspeed ...
  • Beecher v. City of Cordova  In Beecher v. City of Cordova, the supreme court held that, upon the grant of a motion for an accounting, the burden falls on the nonmoving party to provide a proper accounting, even if there is a significant burden to do so. In 1997, the Beechers entered into a lease with the City of Cordova to operate a fueling ...
  • Bibi v. Elfrink In Bibi v. Elfrink, A couple bought a home using loans from a bank and later received ...
  • Yuk v. Robertson In Yuk v. Robertson, In 2010, the Yuks discovered that a portion of land on the Robertsons’ side of the fence ...