SQUATERS RIGHTS
Judith Kleinfeld,
professor of psychology and director of Northern Studies at the University of
Alaska Fairbanks, is in the process of writing a book tentatively titled
"The Frontier Frame of Mind." In it, she explores the state of mind
of Americans gone extreme. She places people who have chosen to relocate to
Alaska into four categories: seekers of spirit, wilderness people, opportunity
seekers, and people of opposition. Kleinfeld describes seekers of spirit as those who have come to Alaska seeking religious freedom. They often live in communes or are involved in a loosely organized network of other religious people in search of answers. Kleinfeld describes the wilderness people as those who risk their lives trying to recreate the frontier experience. These people are often end-of-the-roaders who choose to live somewhat hermit-like lives communing with nature and away from society. Opportunity seekers relocate to Alaska in search of personal gain. They arrive having followed the catch phrase "Go West, young man" and hope to carve out a niche for themselves in a place of relatively low population. People of opposition are those who have come to Alaska to escape from the norm. Kleinfeld suggests that these people oppose the "Californification" of the United States and hope to get away from the binds of modern culture.
AS
09.45.052. Adverse Possession.
(a)
The uninterrupted adverse notorious possession of real property under color and
claim of title for seven years or more, or the uninterrupted adverse notorious
possession of real property for 10 years or more because of a good faith but
mistaken belief that the real property lies within the boundaries of adjacent
real property owned by the adverse claimant, is conclusively presumed to give
title to the property except as against the state or the United States. For the
purpose of this section, land that is in the trust established by the Alaska
Mental Health Enabling Act of 1956, P.L. 84-830, 70 Stat. 709, is land owned by
the state.
(b)
Except for an easement created by Public Land Order 1613, adverse possession
will lie against property that is held by a person who holds equitable title
from the United States under paragraphs 7 and 8 of Public Land Order 1613 of
the Secretary of the Interior (April 7, 1958).
Real Estate Law
What
is adverse possession?
Traditional common law provided a method for someone to obtain title to land through use. The common law rules for adverse possession have been codified under both federal and state statutes. A typical statute allows a person to get title to land from the actual owner simply by using the land, out in the open for all to see. For example, your neighbor built a fence on your land with the intention of taking the property, paid property taxes, and you knew about it but did nothing. If this continued for a period of time set by state law, your neighbor may be able to claim this property as his/her own. The theory is that, by not disputing your neighbor’s use of your property through a lawsuit, you, as the actual owner have abandoned your rights to the property. There are several elements needed for adverse possession to result in title:
The length of time required for adverse possession in title varies - it could be as short as a few years or could run for twenty years or more. Typically public entities must establish a longer period of possession than individuals. Some states have adopted a rule which requires the adverse possessor to pay taxes each year on the land.
The possession must be open for all to see.
The possession must be exclusive to him or her (e.g., the fence in the above example, a driveway, road, etc.)
The possession must be hostile to the actual owner of the land.
To gain title to land through adverse possession requires strict compliance with the law, but can have dramatic impact upon land ownership rights.
An encroachment could result in title to your property being transferred to an adverse possessor. Under these circumstances, you might have to bring a lawsuit for trespass in order to prevent your neighbor from getting title to your land through adverse possession.
Free case evaluation 1 888 584-0411
Alaska
Adverse Possession Laws
Code Section
|
09.45.052
|
Time Period Required for Occupation
|
and Color of Title: 7 yrs.
|
Time for Landowner to Challenge/Effect of
Landowner's Disability
|
-
|
Improvements
|
-
|
Payment of Taxes
|
Not required but is considered proof Alaska
Nat. Bank v. Linck 559 P.2d 1049
|
Title from Tax Assessor
|
-
|
Note: State laws are constantly
changing -- contact an attorney or conduct your own
legal research to verify the state law(s) you are researching.
Dominion Perfect control in right of ownership. The word implies both title and possession and appears to require a complete retention of control over disposition. Title to an article of property, which arises from the power of disposition and the right of claiming it. Sovereignty; as in the dominion of the seas or over a territory.
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