Alaska Statewide Rule
Alaska Adverse Possession (AS 09.45.052)
Key Facts
- Color/claim of title
- 7 years
- Good-faith boundary mistake
- 10 years
- Statute
- AS 09.45.052
- Against state/federal land
- Not available
- Removal
- Court ejectment / eviction
Summary
Alaska Stat. § 09.45.052 allows adverse possession after 7 years of possession under color and claim of title, or 10 years based on a good-faith but mistaken boundary belief. Bare squatting without these no longer ripens into title; occupants without a lease are removed through ejectment or eviction.
(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.
Full Breakdown
AS 09.45.052 provides that "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, except against the state or the United States. Alaska's 2003 amendment narrowed claims to these two paths, so a knowing trespasser cannot acquire title. A squatter with no lease and no qualifying claim is removed through court ejectment or an FED action, not self-help. Possession must be open, continuous, and hostile throughout.
Violations & Penalties
No specific statutory penalty. A property owner removes an unlawful occupant through court ejectment or an FED eviction; criminal trespass charges may also apply. Adverse-possession title vests only when every statutory element is met for the full 7- or 10-year period.
Frequently Asked Questions
How long for squatters' rights (adverse possession) in Alaska?
Can a squatter take my Alaska property just by living on it?
Sources
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