Squatters Rights Alaska Summary
Statutory Period
7 years of continuous possession with color of title and tax payment, or 10 years through actual use and occupancy
Primary Statute
Alaska Statutes § 09.10.030
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Payment of property taxes (for 7-year claim)
- Written instrument/color of title (for 7-year claim)
Squatters Rights 30 Days Alaska
Origins of the 30-Day Myth in Alaska
- Confusion with tenant laws: Alaska's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Alaska is 7-10 years, not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
- Confusion with trespassing laws: Criminal trespass can be charged immediately - there is no 30-day grace period for unauthorized occupation of property.
Alaska's 2025 Squatter Removal Process
Alaska law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers immediately upon discovery
- For situations requiring court action, Alaska offers a specialized process for removal of unauthorized occupants
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Alaska has strengthened trespassing penalties and clarified removal procedures
- The forcible entry and detainer (FED) process can be used for removing unauthorized occupants
These legal processes ensure that property owners have effective means to remove unauthorized occupants and counter the misconception of "30-day squatters rights."
Important 2025 Update: Alaska has clarified its trespassing laws to better address squatting situations, with amendments to Alaska Stat. § 11.46.320 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Alaska, a claimant must occupy the property for either 7 years (with color of title and tax payment) or 10 years (through actual use and occupancy), not 30 days as commonly misunderstood.
Overview of Adverse Possession in Alaska
Key information about squatter's rights in Alaska
Alaska's adverse possession laws provide a dual-track system based on whether the possessor has color of title. The state follows traditional common law principles with some unique Alaskan considerations related to the unique land use patterns in the state.
Statutory Time Requirements
Alaska offers two different paths to establish adverse possession:
- 7 years: With color of title and payment of property taxes (Alaska Stat. § 09.45.052)
- 10 years: Through actual use and occupancy without written documentation (Alaska Stat. § 09.10.030)
Reference: Alaska Statutes
Common Law Elements
To establish adverse possession in Alaska, the following elements must be proven:
- Actual: Physical occupation and use of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire statutory period
Reference: Alaska Supreme Court Decisions
Seasonal Use Consideration
Alaska's courts have recognized that in Alaska's unique environment, seasonal use may satisfy the "continuous" requirement for adverse possession. This acknowledges the reality of Alaska's harsh climate and remote areas where year-round occupation may not be practical or typical for certain properties.
Color of Title in Alaska
In Alaska, "color of title" means possession under a written instrument (such as a deed or will) that appears to convey ownership but contains a defect. Examples include:
- Improperly executed deeds
- Deeds from someone who does not actually own the property
- Ambiguous legal descriptions in conveyance documents
- Documents with technical defects in the chain of title
Native Land Protections
Alaska has unique provisions regarding Native land holdings. Land held under the Alaska Native Claims Settlement Act (ANCSA) or by Alaska Native corporations is generally subject to special protections that may limit adverse possession claims. These protections acknowledge the unique historical and cultural significance of Native land holdings in Alaska.
Public Land Exception
Alaska law generally prevents adverse possession claims against land owned by:
- The state of Alaska
- The federal government
- Municipalities
- Other public entities
This is particularly significant in Alaska, where a large percentage of land is publicly owned.
Alaska Adverse Possession Statutes
Alaska Stat. § 09.10.030. Actions to Recover Real Property
A person may not bring an action for the recovery of real property, or for the recovery of the possession of it unless the action is commenced within 10 years. An action may not be maintained for the recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor of the plaintiff was seized or possessed of the premises in question within 10 years before the commencement of the action.
Alaska Stat. § 09.45.052. Adverse Possession
(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. For the purpose of this section, land that is in the trust established by the Alaska Mental Health Enabling Act of 1956 or that is owned, held in trust for the benefit of, or received by exchange from land that is owned by, held in trust for the benefit of, or received by exchange from a Native corporation established under the Alaska Native Claims Settlement Act is land owned by the state. A Native corporation does not acquire title to real property under this section if the property is within land
(1) that is owned by, held in trust for the benefit of, or received by exchange from another Native corporation established under the Alaska Native Claims Settlement Act; or
(2) that is in the trust established by the Alaska Mental Health Enabling Act of 1956 or that is owned, held in trust for the benefit of, or received by exchange from land that is owned by, held in trust for the benefit of, or received by exchange from a Native corporation established under the Alaska Native Claims Settlement Act.
(b) In (a) of this section, "Native corporation" has the meaning given in 43 U.S.C. 1602.
Alaska Stat. § 09.45.010. Action to Quiet Title
A person in possession of real property, or a tenant of that person, may bring an action against another who claims an adverse estate or interest in the property for the purpose of determining the claim.
Important Legal Notes
- Alaska's adverse possession laws create a dual-track system with different requirements based on whether the claimant has color of title.
- Alaska courts have recognized that seasonal use may satisfy the "continuous" requirement for adverse possession, acknowledging Alaska's unique environment.
- Alaska provides special protections for Native land holdings that may limit adverse possession claims.
- Alaska requires the filing of a quiet title action (under Alaska Stat. § 09.45.010) to formally establish title through adverse possession.
Key Alaska Adverse Possession Cases
Hansen v. Davis (2019)
This significant case clarified the "continuous" requirement in Alaska's adverse possession law. The Alaska Supreme Court ruled that seasonal use of property in Alaska's remote areas can satisfy the continuous possession requirement when such seasonal use aligns with how an owner would typically use the property given Alaska's harsh climate and remote conditions.
Riddell v. Edwards (2014)
Established that "hostility" in Alaska adverse possession claims refers to possession without permission of the true owner, regardless of the claimant's subjective intent. The court confirmed that even a good faith belief that one owns the property can satisfy the hostility requirement.
Dillingham Commercial Co. v. City of Dillingham (2010)
Important case affirming that publicly owned lands in Alaska are generally exempt from adverse possession claims. The court ruled that land owned by municipalities cannot be acquired through adverse possession, maintaining the protection of public lands from private claims.
Nome 2000 v. Fagerstrom (2003)
A landmark case where the court established that in rural Alaska, relatively minimal improvements and seasonal use could satisfy adverse possession requirements. The court recognized that activities such as berry picking, camping, and subsistence activities could establish adverse possession when aligned with how property in that area would typically be used.
Vezey v. Green (1998)
Addressed the "color of title" requirement and tax payment. The court held that a claimant who had color of title and had paid taxes for the requisite seven-year period could establish adverse possession even though the original deed contained technical defects.
Hamerly v. Denton (1991)
Established that the possession must be sufficiently "notorious" to give the true owner notice of the adverse claim. The court held that maintaining a fence, regular use, and visible improvements were sufficient to put the owner on notice of the adverse claim even in a rural setting.
Alaska Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Alaska, a claimant typically must:
- File a quiet title action in the superior court of the district where the property is located
- Provide evidence meeting either:
- 7-year requirement (with color of title and tax payment), OR
- 10-year requirement (through actual use and occupancy)
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, tax receipts, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate recorder's office to establish clear title to the property.
Defending Against Squatters
Alaska property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries, particularly in remote areas
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections, particularly important for seasonal properties
- Considering a property management service for remote properties that cannot be regularly visited
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Alaska provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants.
- Forcible Entry and Detainer (FED): This is Alaska's eviction process for removing unauthorized occupants:
- Serve a Notice to Quit (may not be required for squatters who never had permission)
- File a complaint for forcible entry and detainer with the district court
- Attend the FED hearing (typically scheduled within 15 days)
- Obtain a writ of assistance if the court rules in your favor
- Have law enforcement execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under Alaska Stat. § 11.46.320-330.
Important: Alaska law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Alaska to claim adverse possession?
In Alaska, there are two timeframes for adverse possession: 7 years with color of title and payment of property taxes, or 10 years through actual use and occupancy without written documentation. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
Do seasonal properties in Alaska require year-round occupation for adverse possession?
No. Alaska courts have recognized that seasonal use may satisfy the "continuous" requirement for adverse possession, given Alaska's unique environment and remote areas. If the claimant uses the property in a manner consistent with how an owner would typically use such property in that location (e.g., summer cabin use), seasonal occupation may be sufficient.
What is "color of title" in Alaska adverse possession law?
In Alaska, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 7 years in Alaska.
Can I legally remove squatters from my property in Alaska?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance. In other cases, you must use Alaska's forcible entry and detainer (FED) process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Alaska and could result in liability for the property owner.
Can Native corporation lands in Alaska be claimed through adverse possession?
Generally, no. Alaska law provides special protections for Native lands. Under Alaska Stat. § 09.45.052, land owned by, held in trust for, or received by exchange from a Native corporation established under the Alaska Native Claims Settlement Act cannot be acquired by adverse possession by another Native corporation, and such lands are treated as state-owned lands for purposes of adverse possession.
Can someone claim adverse possession against government-owned land in Alaska?
No. Alaska law specifically exempts land owned by the state of Alaska, the federal government, and municipalities from adverse possession claims. This is particularly significant in Alaska, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Alaska?
No. This is a common misconception. In Alaska, adverse possession requires either 7 years (with color of title and tax payment) or 10 years (through actual use and occupancy) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Alaska.