Alex Koponen v. Vsevolod Romanov and Maria Sanders

Summary

The Alaska Supreme Court affirmed the Superior Court’s judgment that Alex Koponen did not establish either an easement by estoppel or a prescriptive easement over Lot 17. The Court held that Koponen failed to prove the requisite oral grant and that his use of the driveway was not open and notorious, respectively. The decision rests on Alaska law requiring clear and convincing evidence for such easements and on the standard that a reasonably diligent owner would have noticed the alleged driveway.