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HANSEN v. DAVIS

No. S-13210.

220 P.3d 911 (2009)

Harvey A. HANSEN and Annette M. Hansen, Appellants, v. Marvin P. DAVIS and Arlene Lani Davis, Appellees.

Supreme Court of Alaska.

Rehearing Denied January 12, 2010.

Attorney(s) appearing for the Case

Christopher J. Boyette, McCarty & Boyette, Ketchikan, for Appellants.

H. Clay Keene and Blake M. Chupka, Keene & Currall, P.C., Ketchikan, for Appellees.

Before: FABE, Chief Justice, EASTAUGH, CARPENETI, WINFREE, and CHRISTEN, Justices.

OPINION

FABE, Chief Justice.

I. INTRODUCTION

When William Rodgers sold Lot 53-A in Ketchikan to Marvin and Arlene Lani Davis in 1984, he reserved an easement1 across that lot to access the adjacent lot, Lot 52, which he apparently had hoped to buy at a future date. But Rodgers never used the easement to access the adjacent property, and the Davises planted a garden covering most of the easement area and built...

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