The "Projects" list includes the 2019 project titled "Small Tract Rights-of-Way - McCarrey v. Kaylor". I had presented it at the 2019 Alaska Surveying & Mapping Conference. The focus was the 2013 Alaska Supreme Court Case McCarrey v. Kaylor that considered the effect of public rights-of-way referenced in Small Tract patents. Prior to this case, it had been generally accepted that the patent language essentially established the ROW. The court found that it was an offer of a dedication that was not accepted unless used by the public or accepted by the appropriate government entity. The result was that the mere ROW statement in the patent did not tell you whehter or not the ROW actually existed leaving a cloud on the parcel title.
If a Small Tract ROW was determined to not exist by virtue of public use, the question was how to make that clear in the public record. One option would be to request a ROW vacation from the local platting authority. Given that the Small Tract ROW issue was relatively new and obscure, the local Fairbanks Platting authority (FNSB) was not keen on processing a request for vacation to clear title. Two property owners came to me to ask about options. I suggested that a detailed report be written and recorded in the chain of title for their parcels. This would put the public on notice, including individuals, utilities and government, that the Small Tract ROW as specified in these patents did not exist and could not be developed or used. This is clearly not the best option but until vacated, at least any person who checked the chain of title before constructing a road or placing a utility would be on notice. This project outlines the research and reports that were reocrded for two Fairbanks Small Tracts.