Legal Question in Real Estate Law in Alaska

adverse possession

a lot that borders on my lot. A cabin, built many years ago (1960), and dock is on my property next to it. the dock and cabin were used since bought in 1982. I bought my lot in 1987 with no survey. I found the cabin/dock was on my lot for the first time when a lawyer contacted me showing me a survey (asbuilt) that is supported by the BLM 1952 survey. This is the first survey of my lot line (the 1952 BLM survey which is what we abide by had my lot line protracted, it was never ''walked and marked'') and the asbuilt clearly depicts my lot line between the cabin/dock and his land. I have ordered an asbuilt for my lot as I have none. I have no doubt his asbuilt is correct. So, my neighbor, has payed taxes on his lot and his cabin which is not on his lot. He is selling his lot, cabin/dock, and what is now known, as a small part of my land around the cabin bordered by lakefront. What are my options? I may want him to pay a reasonable amount for the land and my expenses. There will be problems as my lot is too small to subdivide and the new owner could one day sell each piece separately adding to the crowd at Big Lake.


Asked on 5/23/01, 5:19 pm

1 Answer from Attorneys
James Szender Law Office of James R. Szender

Re: adverse possession

In general, the prescription or adverse possession period in Alaska is ten years, but unfortunately, it's never that simple. Important factors include, but are not limited to, the nature of the claimed use, the extent and frequency of the claimed use, and the visibility of the claimed use.

In an adverse possession or prescription case, every little fact or detail is important. A portion of your question appears to be missing, and there isn't enough information for me to get a clear understanding of the situation. Please feel free to contact me directly with more details. This is NOT a situation you want to address without good counsel.

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Answered on 6/22/01, 10:58 pm


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