Fiehler v. Mecklenburg, et al.
Annotate this CaseOwners of neighboring waterfront parcels of land disputed access to a shared cove. The shape and location of the cove’s shoreline changed over the years due to natural forces. The key to determining the neighbors' respective access to the cove depended upon the precise location where their shared boundary line intersected the mean high tide line when the property was surveyed in 1938. There was evidence that the marking monument was not placed precisely at the mean high tide line. After taking evidence, the superior court determined that the mean high tide line in 1938 was roughly 100 feet seaward of the monument. Based on that ruling, the superior court determined the parcels’ respective boundaries and apportioned access to the cove accordingly. The disappointed landowner appealed, arguing the superior court erred by essentially altering the initial survey. The Alaska Supreme Court did not concur. "Because the surveyor set the boundary of the properties in question at the mean high tide line, the court did not err by determining the boundary based on evidence of where the mean high tide line actually was when the properties were surveyed rather than relying solely on the location of the monument. And there is sufficient evidence in the record to support the court’s finding that in 1938 the mean high tide line was located well seaward of the monument." Seeing no error in the superior court’s rulings, the Supreme Court affirmed its judgment.
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