Legal Question in Real Estate Law in Alaska
15 years ago we built a cabin on a remote lot in alaska. Today we just found out we built it 30 feet onto the adjacent lot. The owner of the lot says the cabin and everything in it belongs to him now. Is this correct? Is there a grace period that would allow us to relocate the cabin on to our lot?
1 Answer from Attorneys
No, the owner of the adjacent lot is not correct. The structure and the contents do not belong to him.
It appears that you have a valid adverse possession claim. If you claimed ownership of the land upon which the cabin sits adversely, with the requisite "hostility" (This term doesn't mean to be angry or something like that; but rather that you claimed it against everyone else), openly, under claim of right, continuously, and exclusively for the requisite period of time (which is much less than 15 years), the land is yours.
In any event (if for some reason adverse possession doesn't apply), you don't need a "grace period"; he would have to file a lawsuit against you and the court would have to enter a judgment. Such a judgment could give you time to move the cabin.
if a lawsuit does ensue, you might want to contact me again; I can represent you in defending such lawsuit.
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