McCarrey v. Kaylor

OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

Two couples own adjoining lots in Anchorage, located directly north and south of each other. Title to the southern lot originated from a federal land patent, which reserved a right-of-way across the northern boundary of the lot. A road currently runs through the right-of-way. The owners of this lot proposed building a fence with a locked gate on the north side of the road, along the northern boundary of their lot; the fence would have impeded access to a cleared area on the northern neighbors' lot that the neighbors use for parking and storage.…