Seater v Estate of Fred L. SeaterAnnotate this Case
In the 1940s, Fred E.W. and Clara Seater acquired a roughly five-acre parcel located along the Nikiski Bay beach in the Cook Inlet region, referred to as Lot 9. In 1956, following Fred E.W.’s death, Clara transferred Lot 9 to her sons Ronald Seater and Fred L. Seater, as tenants in common. Fred L. died in 1979. His widow, Lee Seater, as executor of his estate, conveyed his share in Lot 9 to herself. Ronald filed for partition of Lot 9 in January 2010. In February 2012, a superior court issued a partition order severing Ronald and Lee’s tenancy in common. he partition made a straight-line division in Lot 9 to create a northern “Lot 1” and a southern “Lot 2” of “reasonably equal ‘value.’ ” Lee was granted the northern “Lot 1” and Ronald was granted the southern “Lot 2.” In April 2012 Ronald requested the use of an old access trail that crossed Lot 1. In October the superior court granted Ronald “an express appurtenant easement by necessity over Lot 1 for ingress and egress via the trail/road into the northern boundary of Lot 1.” In June 2014 Lee requested that “reciprocal easements for ingress and egress be established between Lot 1 and Lot 2.” In September 2015 the superior court entered a decision granting Lee’s request. In July 2016 Lee moved to enforce the September 2015 decision. She alleged that Ronald was placing boulders on or around the easement to frustrate her access. Ronald claims that in response he “installed boulder fences . . . along a 10-foot wide corridor centered on the ‘diagonal cut’ on Lot 2, in order to mark the boundary between Lots 1 and 2; identify the location of the ‘diagonal cut[’;] deter trespassers (including the Lee Seater family); and prevent more erosion on Lot 2.” In July 2017 Lee filed an enforcement motion alleging that Ronald continued to frustrate her access to the easement. Ronald appealed the modification of the partition, and the subsequent related enforcement orders. The Alaska Supreme Court concluded Ronald's appeal was untimely with respect to all but the most recent enforcement order, which contained an erroneous interpretation of a term used in prior orders. The matter was remanded for the superior court to rectify that mistake.