PROPERTY LAW Supreme Court of Alaska (2024) Caitlyn Leary In Cooper Leasing, LLC v. Woronzof Condominium Ass’n, 548 P.3d 636 (Alaska 2024), the Supreme Court held that equitable doctrines could not defeat an owner’s recorded title to condominium common areas without the owner’s clear intention to transfer the property interest. (Id. at 651–53). The Woronzof Continue Reading »
PROPERTY LAW Supreme Court of Alaska (2024) Jack Jeffrey In Griswold v. City of Homer, No. S-18608, 2024 WL 4246636 (Alaska Sept. 20, 2024), the supreme court held that a detached dwelling unit does not need a conditional use permit provided that it is an accessory building to a principal single-family dwelling. (Id. at 263). Continue Reading »
PROPERTY LAW Supreme Court of Alaska (2024) Scott Tompetrini In Joy v. Hahn, 555 P.3d 3 (Alaska 2024), the supreme court held that a purchase option is enforceable when it contains all the essential terms of an agreement to buy real property. (Id. at 8). Joy leased his property to a commercial tenant, Hahn. (Id. Continue Reading »
PROPERTY LAW Supreme Court of Alaska (2024) Melinda Xiong In Park v. Brown, 549 P.3d 934 (Alaska 2024), the supreme court held that a homeowner’s continuous use of a sliver of her neighbors’ land, including mowing the grass, clearing brush, and planting a tree, constituted adverse possession. (Id. at 943–44). A woman owned a lot Continue Reading »
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 Continue Reading »
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 Continue Reading »
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 Continue Reading »
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 Continue Reading »
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 Continue Reading »
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 Continue Reading »
