Burke v. Maka

OPINION

WINFREE, Justice.

I. INTRODUCTION

Daniel and Luisa Burke (the Burkes) own a home in Anchorage. Nesavou Maka, Fun- gani Maka, and Alberta Maka (the Makas) are the Burkes' next-door neighbors. The Burkes and the Makas have a common driveway approximately 20 feet wide over a shared property line. The Burkes wanted to build a fence down the middle of this driveway. However, a preexisting covenant to provide access granted the two lots' owners reciprocal access to the common driveway.

The Burkes filed suit to quiet title, seeking a declaratory judgment that the covenant was invalid and gave…