Alaska Supreme Court

Jay Yuk and Hee Su Yuk, Appellants v. Sidney L. Robertson Sr. and Theresa A. Robertson, Appellees

May 26, 20172017 Alas. LEXIS 61

Summary

The Alaska Supreme Court affirmed the superior court’s summary‑judgment granting the Robertsons title to a disputed strip of land. It held that adverse possession may be raised as an affirmative defense, that citing an unpublished decision was permissible, and that the municipal sewer easement did not defeat the exclusivity or hostility requirements. The Court found the Robertsons satisfied all elements of adverse possession by clear and convincing evidence.