Windel v. Mat-Su Title Insurance Agency, Inc.

The issue on appeal before the Supreme Court in this case was the validity and interpretation of a roadway easement granted to meet a borough’s subdivision plat-waiver requirements. The borough approved a nearby subdivision project contingent on upgrading the easement roadway. The owners of the servient estate first insisted that the developer maintain his roadway upgrade within the original easement. After the work was completed the owners sued the developer for trespass, alleging implicitly that the original easement grant was invalid because it was not properly executed and acknowledged, and asserting that there might be public prescriptive easement across their property. The superior court granted summary judgment in favor of the developer on the validity of the easement, holding that any acknowledgment deficiencies were cured. The Supreme Court agreed with the landowners that the superior court misapplied the statute, but affirmed the grant of summary judgment on other grounds.

Windel v. Mat-Su Title Insurance Agency, Inc.