Luker v. Sykes
Annotate this CaseThe central issue in this case is whether Duane Sykes has a right to access his property across his neighbors’ lots. Sykes sued neighboring property owners, claiming that he had access rights across their land because of both an express easement and a right of way created by federal law, dating back to when the original owner first obtained the land through federal homestead laws. Sykes also sought damages for a number of alleged torts. Following trial, the superior court found that both the express easement and the federally created right of way existed but found against the easement holder on all his tort claims. The owners of the burdened property appealed the finding of a federally created right of way, and the easement holder cross-appealed the superior court’s dismissal of his damages claims and its rulings on a number of procedural issues. After review, the Supreme Court reversed the superior court’s finding of a federally created right of way, concluding that the court erred in determining when the land at issue became private land not subject to the federal law. The Supreme Court affirmed the superior court’s judgment in all other respects, including its finding of an express easement.
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