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I buy property 2003 but I find out some neaborhood have use

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my land for there back...
I buy property 2003 but I find out some neaborhood have use my land for there back yard and fance so I ask to removed there fance so they did Nov/2008 . now they come back ask to adverse positon the portion of land what they been used my back yard .

there is no fance now also that portion is eazyment area .I have tiltle company reach the land at the time of purchuse can they get my land still ?
Submitted: 7 years ago.Category: Real Estate Law
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Answered in 4 minutes by:
12/1/2010
Real Estate Lawyer: Law Pro, Lawyer replied 7 years ago
Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24,870
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No, not if they acquiesced and move the fence - they thereby succumbed to your demands and thereby ended their right to make an adverse possession claim.

I would say otherwise if they refused to remove the fence - then maybe they would have a claim IF the fence was there for the statutory time frame for adverse possession in Alaska.

Here's the Alaska statute:


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

 

 

As you can see - they needed to have the fence there for a period of 10 years.

 

However, since they removed the fence at your demand - they lose their claim for adverse possession.

 

 

 

 

 

 

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