Thursday, May 15, 2008

On The McDonald Spit

A dispute between two attorneys who co-owned vacation property as tenants-in-common at a place on the McDonald Spit worked its way to a decision from the Alaska Supreme Court.  The attorneys did not have a written agreement concerning their respective ownership rights. One of the partners wanted to build a guest cabin in a particular place  "below the bluff." The other disagreed and felt the location was an unsafe place to build. He was proven correct when that cabin was destroyed. Thereafter, one partner built and used his own cabin while the other took over an existing cabin. The litigation was over the concept of "owelty" after the parties had partitioned their respective interests in the property and were unable to resolve their disagreement through mediation. (Mike Frisch)

Straddling the Fence | Permalink

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