Legal Question in Real Estate Law in Alaska

Re: warranty or quit

As a California lawyer, I can't advise you on matters of Alaska law, but under the law of California and many other states, possibly also Alaska, the following would be true:

There are two conceptual approaches to "selling me half his property." One is to sell a 100% interest in half the acreage, so that, for rxample, if your brother owns 100 acres, he sells you 50 acres, and then you each are the sole owners of 50 acres. This would probably require a survey, and perhaps planning or zoning approval, and of course there is always the problem that if there are improvements on the land, or some of the land is better than other parts because of better soil, less muskeg, better road access, etc. it may be hard to draw the boundary in a way that's fair to both.

Another way to buy "half his property" is to become a 50% co-owner of the entire parcel. You would become a tenant in common or a joint tenant depending upon what was stated in the deed (although in some states creating a joint tenancy may require an intermediate step so both of you acquire title at the same time).

So, possibly becoming a co-owner with a 50% interest in the whole parcel as a tenant in common is worth considering. No survey should be necessary because no lot split is involved.

As co-owners, you would have to cooperate on matters such as financing, who will use or control the land, and any future sale. This is a drawback and should be covered by a written agreement signed in advance.