DAULT v. SHAW

No. S-14328.

322 P.3d 84 (2013)

James DAULT and Shala Dobson, Appellants, v. Edward SHAW, Appellee.

Supreme Court of Alaska.

November 29, 2013.


Attorney(s) appearing for the Case

Richard Deuser , Law Office of Richard Deuser, Wasilla, for Appellants.

DanaLyn Dalrymple , Dalrymple Law, P.C., Palmer, for Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, and STOWERS, Justices, and MATTHEWS, Senior Justice.


OPINION

MATTHEWS, Senior Justice.

I. INTRODUCTION

In the doctrine of adverse possession there is a presumption that the use of a private drive across the property of another is permissive and does not give rise to an easement. But the presumption does not apply where a drive was not originally established by the other property's owner for his or her own use. The main question here is whether this presumption applies to the facts of this...

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