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ASZMUS v. NELSON

No. S-1783.

743 P.2d 377 (1987)

John J. ASZMUS and Lillian P. Aszmus, Appellants, v. Mike NELSON, Appellee.

Supreme Court of Alaska.

October 9, 1987.

Attorney(s) appearing for the Case

Michael Cohn and John Hellenthal, Anchorage, for appellants.

Gordon F. Schadt, Anchorage, for appellee.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

MOORE, Justice.

John and Lillian Aszmus sued Mike Nelson to enjoin him from blocking a right-of-way easement they claimed over his land. The Aszmuses argued that a prior deed in Nelson's chain of title created an easement in their favor because it conveyed the land "subject to" a described right-of-way. The trial court held that, as a matter of law, the deed could not create an easement. Therefore, the court entered summary...

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