Legal Question in Real Estate Law in Alaska

Re: how to file an injuction in a property line dispute

Since the damage has apparently already been done, it is a little late for an injunction. It appears that what you really want in this case is a court order quieting title to the land in dispute in you, and reimbursment for the cost to repair the damage your neighbor has done to your fence and shed.

As a general rule, if an adjoining owner occupies part of his neighbor's land for over 10 years, the neighbor loses the legal right to make him give it back. This is called "adverse possession", and is enforceable in the courts. That having been said, however, some courts are openly hostile to the doctrine, and a very high level of proof is required.

Basically, to use the doctrine of adverse possession, the plaintiff must show by clear and convincing evidence that he and/or his predecessors have openly and continuously used his neighbor's land without consent or permission for a period of more than ten years. The case must be filed in Superior Court, and litigation at that level is usually too complex to pursue without an attorney.

If you wiave your claim to the land, however, it may be possible to recover damages in District Court, and if the amount in dispute is less than $7,500, the simplified Small Claims procedure could apply.