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Ask Barrister Your Own Question
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37884
Experience:  16 years real estate, Realtor. Landlord 26 years
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I bought a property a few months ago that has an burned out

Customer Question

I bought a property a few months ago that has an burned out abandon shack/house near it that is a real eye sore. I was planning to build a fence to seperate from it and when I pulled up the plot plan from the local office the shack is partially on my property. When I inquired to ownership they told me it was owned by the "Heirs of xxxxxxx". How do I find out who actually owns it and what can I do about the encroachment?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..It sounds like the owner is deceased and their estate has never been formally settled so as to transfer the property into the heir's names. If it had, then it would list the names of actual people who owned it. .But if the shack has been there at least 10 years, then you couldn't force the estate/heirs to remove it since they would have a legal right to claim ownership of the land that it sits on under the Alaska adverse possession laws. They state:.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...With that said, if you were to simply knock it down, it is extremely unlikely that anyone would ever object is you claimed it was on your land....thanksBarrister