Prax v. ZalewskiAnnotate this Case
In 1994, Victoria Zalewski purchased a 60 foot by 90 foot rectangle of land, Lot 8A. Just south of Lot 8A was a parking lot. Although the parking lot was recorded as being part of a larger adjacent lot known as Lot 9A, no boundary line was apparent between Lot 8A and the parking lot. Zalewski never had her lot surveyed and mistakenly assumed when she purchased Lot 8A that it included the parking lot. Prospector Outfitters obtained Lot 9A (including the parking lot) in 1994, and in 2007 conveyed the lot to Glenn Prax, Phillip Prax, and Marianne Kittridge (the Praxes). Various members of the Prax family shared in the ownership and management of Prospector Outfitters and its properties before and after the 2007 transfer of Lot 9A. Zalewski had a duplex on her property. She and tenants consistently used the parking lot for parking, entry, and exit. Zalewski and her husband maintained the parking lot, keeping it graveled and clear of snow and plants. They installed electrical outlets on the lot for headbolt heaters and paid for the electricity. Zalewski built a shed on the lot in 2008; she used the shed and other parts of the lot for storage. The duplex occupants received mail at a mailbox placed within the parking lot. Zalewski consistently used the parking lot on Lot 9A, but her exclusive use ended during the summer of 2002, when the owners of neighboring Lots 10B and 11B excavated their property to prepare it for construction, and they stored their equipment and materials on the parking lot. This use of the property ended in autumn of 2002. Glenn Prax knew that Zalewski was using the parking lot and repeatedly attempted to talk to her about his family’s ownership of the lot. Between 2001 and 2003 he left two notes at the duplex explaining his family’s claim to the property and suggesting some discussion about the boundary. Around 2005 he spoke to a tenant of the building about the issue, and in 2009 or 2011 he spoke to Zalewski herself about the boundary. In 2012 and 2013 he sent letters to Zalewski outlining the Praxes’ claim to the property, but he received no response. After his last attempt in 2013 he set up sawhorses barring Zalewski from the parking lot. Zalewski removed them and filed suit in July 2013. The trial court ruled that from 2002 to 2012 the neighbor had perfected an adverse possession claim to the lot and held that amendments made to the relevant law in 2003 did not apply to the neighbor’s claim because her period of possession began in 2002. The family appealed, arguing that 2003 statutory changes should have been applied to this case. The Alaska Supreme Court agreed, reversed the trial court, and remanded for further proceedings.