James Dault and Shala Dobson, Appellants v. Edward Shaw, Appellee

Summary

The Alaska Supreme Court reversed the judgment recognizing a prescriptive easement across the appellants’ lot and remanded for entry of judgment for the appellants. It held that the presumption that use of a private drive is permissive applied because the subdivision developers constructed the trail for their own purposes and allowed lot buyers to use it. The claimant failed to present evidence of a distinct and positive assertion of a hostile right sufficient to overcome that presumption. Justice Winfree, joined by Justice Stowers, dissented, concluding that the trial court properly found acquiescence and that the majority improperly reweighed the evidence concerning ownership of the lot when the trail was constructed.