Cowan v. Yeisley

Summary

The Supreme Court of Alaska held that a deed granting a perpetual right of way conveyed an easement rather than a fee interest in the disputed land. The court further held that applying Alaska's post-2003 adverse-possession statute was impermissibly retrospective because the alleged adverse-possession rights may have vested before the amendment. The court reversed and remanded on the adverse-possession claim, vacated the public-dedication ruling and attorney's-fee awards, and otherwise affirmed.

Holdings

1. The 1956 deed unambiguously conveyed the Cowans a right-of-way easement, not a fee interest in the thirty-foot strip.
2. The superior court erred by applying the 2003 version of AS 09.10.030 to the Cowans' adverse-possession claim.
3. The Cowans raised a genuine issue of material fact concerning adverse possession under former AS 09.10.030, so summary judgment was improper.
4. The public-dedication ruling had to be vacated and reconsidered on remand because its validity depended on whether the Cowans had acquired fee title by adverse possession before the plats were recorded.
5. Neither the Cowans' claims nor Sharon Yeisley's claims were barred by waiver, equitable estoppel, or laches.
6. The attorney's-fee awards were vacated in light of the disposition of the appeal.

Questions Presented

1. Whether the 1956 deed conveyed a fee interest in the disputed thirty-foot strip or only an easement.
2. Whether the superior court erred by applying the 2003 adverse-possession statute to a claim allegedly perfected before the statute's enactment.
3. Whether the Cowans presented a genuine issue of material fact regarding adverse possession under the pre-2003 statute, particularly the hostility element.
4. Whether the disputed land was validly dedicated to public use through the 1980 and 1981 subdivision plats.
5. Whether the Cowans' or Sharon Yeisley's claims were barred by waiver, equitable estoppel, or laches.
6. Whether the attorney's-fee awards were proper.

Disposition

reversed_and_remanded