Interior Trails Preservation Coalition v. Swope

115 P.3d 527 (2005)

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Nature of the Case

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Facts

D bought a parcel of land near the Skyline Ridge Trail in Fairbanks in 1997. After seeing a number of people cross their land, D posted a 'no trespassing' sign and erected a barrier to keep trespassers off. But some people apparently continued to cross over the land. Interior (P) brought an action against Swope (D) claiming a public prescriptive easement over D's property for recreational use. The complaint alleged that a pathway leading to the Skyline Ridge Trail passes through the D’s property and has been used by the public since the 1950s. The trial court dismissed the action in that D had only been in existence for 8 years, and it needed 10 to claim a prescriptive easement. This appeal resulted.