Squatters’ rights and adverse possession in Alaska can create real problems for landlords who leave their properties unattended. Imagine discovering someone living in your Anchorage apartment after a long winter, claiming the right to stay and moving in furniture without your permission.
On the bright side, landlords can easily thwart squatters by staying prepared. Keep reading to learn how Alaska defines squatting, how adverse possession works, and, most importantly, how you can avoid costly ownership disputes.
What is a squatter?
A squatter is someone who occupies a property without the owner’s permission or a valid lease agreement. They do not have any authorization or right to be there, but they move in anyway and may claim certain protections during an unauthorized occupancy.
For example, someone might move into a vacant duplex, change the locks, and begin receiving mail there. Because the owner never granted this person permission and no rental contract exists, that individual qualifies as a squatter under Alaska laws.
Key Differences Between Squatters and Trespassers
Landlords must understand the differences between squatters and trespassers to know how to proceed with removal.
Squatters
- Occupy a property for a prolonged period of time without the owner’s consent
- May try to gain the right to occupancy or even ownership over time
- Must be removed via eviction rather than law enforcement
Trespassers
- Enter a property without authorization, but usually leave quickly
- Do not attempt to claim ownership or long-term residency
- Law enforcement can often remove them right away
In short, squatters stay on a property long-term and attempt to claim certain rights, while trespassers enter only briefly and do not seek those rights.
What are squatters’ rights?
Squatters’ rights in Alaska refer to the limited legal protections a person can obtain through unauthorized occupancy. These principles can even allow squatters to gain property rights under certain circumstances.
In Alaska, squatters’ rights mean that landlords must take immediate action if they discover unauthorized residents on their property. If too much time passes, you may have to go through a costly legal battle to regain ownership or risk losing your property altogether.
Can a squatter actually claim legal rights to a property?
As unbelievable as it sounds, squatters can claim legal rights to property in Alaska through adverse possession. However, adverse possession requires the squatter to provide strict proof and live on a property for years, so landlords can easily prevent these claims by acting quickly.
Adverse Possession Laws in Alaska
Adverse possession in Alaska gives an unauthorized occupant a legal means to acquire title to property from the titled owner through a prolonged period of residency. However, to qualify for a valid adverse possession claim, the squatter’s residence must meet a strict series of statutory conditions:
Actual: The squatter must use the property as an owner would, such as by making improvements, living there, and/or completing repairs.
Open and notorious: The squatter has to live on the property openly enough for the original owner to reasonably notice. They cannot attempt to hide their presence.
Hostile: The squatter must be on the property without the owner’s permission and in a way that is hostile to the owner’s rights. No actual confrontation is required.
Exclusive: The squatter must possess the property alone and cannot share possession with tenants, other squatters, or the original owner.
Uninterrupted: The squatter must maintain continuous possession for the full statutory period without breaks or absences. Alaska law requires at least 10 uninterrupted years of possession, or 7 years with a color of title.
Supporting law: AS 09.45.052, 09.10.030
Occupancy Time Requirements for Adverse Possession
Under Alaska law, squatters must live on a property for at least 7 years with a color of title and a claim of title, or 10 years without, to successfully claim adverse possession. Any interruption, including an eviction, resets the timer and requires the squatter to build a new claim.
Let’s say someone unlawfully occupies a Juneau home for 3 years, then moves out for several months. Even if they later moved back in, those prior 3 years would not count toward an adverse possession claim.
Supporting law: AS 09.45.052, 09.10.030
Does the squatter need to have a color and claim of title to claim adverse possession?
Color and claim of title, also called color of title, refers to a written instrument that appears to transfer ownership but contains a critical legal defect. For example, someone might have received an invalid deed after purchasing a Wasilla home at a fraudulent auction.
In Alaska, having color and claim of title can shorten the adverse possession occupancy requirement from 10 to 7 years. However, the squatter’s residence must also meet all of the above conditions (actual, open, hostile, exclusive, and uninterrupted) for the squatter to successfully claim adverse possession.
Supporting law: AS 09.45.052
Does the squatter have to pay property taxes for adverse possession in Alaska?
Many states require squatters to pay all assessed property taxes to successfully claim adverse possession. However, Alaska does not have this requirement.
Paying property taxes also does not shorten the occupancy time requirement for adverse possession. However, squatters may still provide payment records to support an existing claim. Regardless, landlords must pay all property taxes to prevent ownership disputes, liens, and foreclosures.
Supporting law: AS 09.45.052, 09.10.030
How to Legally Remove Squatters from Your Property
To remove a squatter from a vacant Alaska property, you’ll have to follow the state’s formal eviction procedures. Here’s what to do:
Step 1: Attempt to Convince The Squatter to Leave Willingly
If you feel safe to do so, start by reaching out directly to the occupant and asking them to leave voluntarily. You might be able to negotiate a move-out date, offer a cash-for-keys agreement, or provide relocation assistance to avoid lengthy, costly eviction proceedings.
Important: Do not try to force the squatter to leave on your own. Changing the locks, turning off utilities, or removing the squatter’s belongings all count as self-help eviction methods, which are illegal in Alaska and all 50 states.
Step 2: Get in Touch With Local Law Enforcement
You can also ask local law enforcement to visit your property and speak directly with the occupant. Officers may view the individual as a trespasser rather than a squatter, and if so, they can remove the person immediately without an eviction.
Step 3: Serve the Squatter a 5-Day Notice to Quit
If law enforcement cannot remove the occupant, you must evict the squatter as if they were a tenant. First, serve the squatter a written 5-Day Notice to Quit, which demands that the squatter leave your property within 5 days or face court proceedings.
Step 4: File a Complaint for Forcible Entry and Detainer Against the Squatter
If the squatter doesn’t leave after 5 days, start the Alaska eviction process by filing a Complaint for Forcible Entry and Detainer in the trial court for your property. The squatter may file an answer within 20 days, at which point, a court hearing date will be scheduled.
Step 5: Present Your Case in Front of a Judge
Before your court date, gather clear evidence to show the judge and support your legal ownership. You should provide strong documentation, such as:
- Property deed showing legal ownership
- Photos or videos of the squatter’s presence on your property
- Written records of previous attempts to communicate with the squatter
- Police reports or witness statements regarding the squatter’s residence
The squatter will also get the chance to present their case. They may show color and claim of title, property tax payments, or other proof of long-term possession. The judge will review all evidence carefully to determine who should own the property.
Step 6: Obtain a Writ of Assistance Authorizing Removal of the Squatter
If the judge sides with you, the court issues a Judgment for Possession and orders the squatter to leave your property by a certain date. If they still don’t leave, you can request a Writ of Assistance, which authorizes the local sheriff to remove the squatter.
The squatter can appeal the eviction decision within 30 days of judgment. However, they must typically post a bond to stay the eviction. Without a bond, the eviction can proceed as planned, so pay close attention to the legal proceedings during these 30 days.
Step 7: Coordinate Removal of the Squatter With Local Law Enforcement
The Writ of Assistance authorizes law enforcement to physically remove the squatter if they refuse to leave voluntarily. If the squatter leaves any personal belongings, Alaska law requires you to store them for 15 days and attempt to notify the squatter before disposing of them.
After the squatter has left, secure the property immediately. Change the locks, board any vulnerable access points, and schedule regular future inspections to prevent repeat issues.
Now that you know how to remove a squatter, let’s take a look at some practical strategies to prevent unauthorized occupants from moving in altogether.
Tips for Preventing Squatters from Occupying Your Property
The best way to stop squatters is to prevent unauthorized occupancy before it starts. You can use these proactive management strategies to minimize your risk of squatters.
Inspect the property regularly: Visit vacant properties routinely, especially remote cabins or seasonal rentals. Regular inspections help you spot signs of unauthorized entry early and take action before squatting escalates.
Install security cameras: Place visible, functioning cameras at entrances and driveways. Security cameras deter unlawful entry and create time-stamped evidence if someone attempts to move in without your permission.
Act quickly against trespassers: Contact local law enforcement immediately if you discover unauthorized entry. Prompt action prevents a short-term trespass from turning into a longer-term squatting situation.
Secure all entry points: Reinforce all doors and windows with strong hardware and consider installing additional security measures such as fencing. Strong barriers reduce opportunities for entry and signal that you’re actively monitoring the property.
Maintain the property: Keep the landscaping up to date, collect mail frequently, and remove snow during winter. A well-kept property looks occupied and discourages unauthorized occupation.
Fill vacancies quickly: Vacant properties often attract squatters looking for easy targets, so advertise your property using rental management platforms to minimize downtime between paying tenants.
Screen future tenants thoroughly: Before you sign a lease agreement with a new tenant, conduct a thorough tenant screening. Checking a tenant’s background and income can help prevent holdover tenants and squatting.
Taking preventative steps now will help you protect your Alaska rental property. Before we wrap up, we’ll go over a few more strategies you can implement.
Digital Tools to Help Landlords Thwart Squatters
Property owners can easily handle squatters’ rights and adverse possession in Alaska with thorough preparation, vigilance, and a clear understanding of state law.
You can also use reliable property management software to track leases, store records, and respond quickly to unauthorized occupancy before disputes escalate.
Take control of your Alaska rental properties with TurboTenant and create your free account today.
FAQs: Squatters’ Rights & Adverse Possession Laws in Alaska
How long does it take a squatter to claim property rights in Alaska?
Alaska requires 7 years of uninterrupted adverse possession with color and claim of title, or 10 years without color of title. The squatter’s residency must also be actual, open, hostile, and exclusive to fulfill the state’s requirements for an adverse possession claim.
Can landlords remove squatters legally without taking legal action?
If law enforcement classifies an unauthorized occupant as a trespasser, officers may remove them without a formal eviction. However, once someone establishes long-term occupancy, landlords must file a Forcible Entry and Detainer action in court to legally regain possession of their property.
What’s the difference between a squatter and a holdover tenant?
A squatter occupies a property without permission or a lease. Meanwhile, a holdover tenant originally had a valid lease, but refuses to leave after it expires. Because of this difference, holdover tenants retain some tenant rights, while squatters have none.
Can a landlord turn off power or change locks to remove a squatter?
No. Lockouts, utility shutoffs, or the removal of belongings without a court order qualify as unlawful self-help eviction methods. Alaska law requires landlords to follow the formal eviction process and obtain a Writ of Assistance before law enforcement can remove the occupant.