Jigliotti Family Trust v. Bloom, et al .
Annotate this CaseA family trust owned property reachable by an access road that follows an easement across others’ properties. A neighboring couple objected to the trust’s use of the easement, contending the easement grant was invalid and that, if valid, it had been extinguished because of the trust’s failure to insist on its right to use it over the course of several decades, during which time the couple had built a house on the easement and made other use of the area. The trust filed a quiet title action. The superior court decided on summary judgment that the easement was valid; following trial, however, it found that the trust’s action was barred by laches and, alternatively, that the easement had been extinguished by prescription where it met the neighboring couple’s house. The trust appealed. The Alaska Supreme Court found the superior court’s conclusion that the easement was partially extinguished by prescription was supported by its findings of fact, and which were not clearly erroneous. The Court therefore therefore affirmed its decision on that ground. But because the parties were entitled to a final judgment quieting title in accordance with the court’s rulings as affirmed on this appeal, the Supreme Court remanded the case for that purpose.
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