Justia Real Estate & Property Law Opinion Summaries

In 1956, Appellants Harold and Ellen Cowan were deeded half of a tract of land that contained a "perpetual right of way running with the land" over a thirty-foot strip along its southeastern side. Between 1960 and 1973, Appellee Sharon Yeisley was deeded the other half that ran adjacent to the Cowan's land. The Yeisley deed made no mention of the right-of-way. Ms. Yeisley applied to subdivide her tract in 1980. The plat was approved and recorded. The new plat showed the right of way. In 2006, the Cowans filed suit against the Borough of Ketchikan, Sharon Yeisley and other parties seeking to quiet the title to the right of way. The Cowans argued that their 1956 deed conveyed it, or in the alternative, they acquired the strip by adverse possession. All parties filed motions for summary judgment. The superior court ruled that the 1956 deed did not convey the strip to the Cowans and that they had not adversely possessed it. The court applied the then-current adverse possession statute instead of the statute in effect when the Yeisley land was subdivided. On appeal to the Supreme Court, the Cowans argued that the superior court erred in using the 2003 adverse possession statute. Upon careful consideration of the arguments and the applicable legal authority, the Supreme Court reversed the lower court's decision. The Court found that the lower court should not have used the 2003 statute. The Court remanded the case for further proceedings.