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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 45. Actions Relating to Real Property
- Section 52. Adverse Possession.
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AS 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,
P.L. 84-830, 70 Stat. 709, is land owned by the state.
- (b) Except for an easement created by Public Land Order 1613, adverse possession will lie against property that is held by
a person who holds equitable title from the United States under paragraphs 7 and 8 of Public Land Order 1613 of the
Secretary of the Interior (April 7, 1958).
- (c) Notwithstanding AS 09.10.030
, the uninterrupted adverse notorious use of real property by a public utility for utility purposes for a period of 10
years or more vests in that utility an easement in that property for that purpose.
- (d) Notwithstanding AS 09.10.030
, the uninterrupted adverse notorious use, including construction, management, operation, or maintenance, of private
land for public transportation or public access purposes, including highways, streets, roads, or trails, by the public,
the state, or a political subdivision of the state, for a period of 10 years or more, vests an appropriate interest in
that land in the state or a political subdivision of the state. This subsection does not limit or expand the rights of
a state or political subdivision under adverse possession or prescription as the law existed on July 17, 2003.
Article 02. FORCIBLE ENTRY AND DETAINER
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