Squatters Rights in Alaska & Adverse Possession Laws 2024

Even in America’s last frontier, landlords can run into issues with squatters. Understanding squatters rights in Alaska is essential to preventing unwanted visitors or, in the worst case, property loss through a legal process known as adverse possession.

With so much variance in squatter rights from state to state, landlords should stay on top of current Alaska landlord-tenant laws to protect their properties. We’ll cover these laws in detail and take a deep dive into Alaska squatters rights and adverse possession.

If you’re an Alaskan landlord concerned about squatters, read on for our full breakdown of the legal issues, tips, and resources for protecting your property.

Trespassers vs. Squatters

Squatters are trespassing when entering a property without permission, but not all trespassers plan on becoming squatters. Here are the key distinctions:

• Trespassers enter a property illegally but have no intention to stay there long term. Law enforcement can arrest, remove, and charge trespassers with a class A or B misdemeanor.
• Squatters enter a property (usually illegally) intending to reside in the housing long term. Once a squatter establishes a presence on the property, law enforcement can only remove them after the landlord files and wins an eviction lawsuit.

Landlords should continuously monitor their properties and report squatters while they’re still considered trespassers. This is the best way to avoid an expensive and lengthy eviction lawsuit.

Legality of Squatting in Alaska

Squatting in Alaska is a gray area. It’s technically illegal to squat on a property, especially since most individuals trespass to enter the property in the first place. However, law enforcement doesn’t have the authority to remove a squatter past the initial trespassing phase.

Once a squatter is established, landlords must file an eviction lawsuit to remove them. If the squatter disobeys a judge’s order to vacate the property peacefully, they may be held liable for damages to the property and forcibly evicted by local law enforcement.

Landlords should always be vigilant about trespassers and immediately report them to law enforcement. Removing a squatter while they’re in the act of trespassing is the best way for landlords to protect themselves from lengthy and expensive court procedures.

Squatters Rights and Adverse Possession Laws in Alaska

Squatters don’t have any special rights in Alaska. However, they are protected from self-help evictions and may be able to claim property rights after seven or ten years through a legal doctrine known as adverse possession.

Adverse possession laws vary from state to state, so landlords need to understand how to navigate Alaska-specific regulations properly.

The passing of Senate Bill 93 drastically changed squatters rights in Alaska in 2003. It made it much harder for individuals to claim property through adverse possession. At the time, Alaska was the first state to undo its adverse possession laws.

Under current Alaskan regulations, it’s nigh impossible for a random person to walk onto a landlord’s property and ever be able to challenge for the title through adverse possession. However, adverse possession still applies in a few highly restrictive instances, which we’ll highlight in the next section.

How Alaska Squatters Can Legally Claim Property Through Adverse Possession

As previously mentioned, Alaska’s regulations have some of the best anti-squatter protections for landlords in the country. Over 20 years ago, the state changed its adverse possession laws to drastically reduce instances where a squatter could file for adverse possession.

Squatters rights in Alaska dictate that all of the following occupancy and possession requirements be met for a squatter to claim a title through adverse possession:

• Hostile: The squatter’s occupancy must be against the landlord’s will. 

• Actual: Squatters must use and improve the property like a property owner or tenant.

• Open and Notorious: The occupancy must be in the open (not done in secret) and with the landlord’s awareness of the squatter.

• Exclusive: Squatters cannot share the property with other squatters, tenants, or the landlord.

• Continuous: Occupancy must last for the minimum required period for adverse possession (see details below).

If all of these conditions are met, squatters can claim property through adverse possession if they fall under one of these two situations (which are mutually exclusive):

• Reside on the property for 7 years and have color of title (a document indicating ownership that is invalid due to some defect).
• Reside on the property for 10 years because of a good faith but mistaken belief that the occupied property is within the boundaries of the squatter’s adjacent legally owned property.

In both situations, the burden of proof falls heavily on the squatter. Many other states’ adverse possession laws don’t require a good faith mistake or color of title. Both these mechanisms serve to protect Alaskan landlords; nevertheless, landlords should still be vigilant of squatters to protect themselves fully. Below, we’ll discuss how to evict a squatter in Alaska legally.

Landlord Rights & Responsibilities

Alaskan landlords are legally allowed to serve a squatter with an eviction notice and take them to court if they fail to vacate the property. If the judge rules in a landlord’s favor and the squatter still refuses to leave, landlords also have the right to enlist local law enforcement to remove them forcibly.

Due to current squatter rights in Alaska, landlords are prohibited from attempting to remove squatters on their own via self-help evictions. Unlawful ouster and diminution of services (such as changing locks or turning off utilities) are illegal, and the squatter may be allowed to countersue the landlord for damages.

Squatters Rights & Responsibilities

Squatters don’t have any special legal rights in Alaska. However, they are protected from self-help evictions and may be able to claim a landlord’s property through adverse possession if they meet certain qualifying conditions.

Compared to most other states, Alaska has very prohibitive squatters rights regarding adverse possession. While it’s technically possible to contest and gain the title of a property through adverse possession, Alaska’s code is structured to make it almost impossible for a squatter to pull it off.

Squatters must vacate the property with a valid eviction notice and comply with a judge’s order to move out. Failure to do so can result in being forcibly removed by local law enforcement.

How to Evict Squatters in Alaska

The only legal way to get rid of a squatter in Alaska is through an eviction lawsuit. There are clearly defined steps for how to do so provided by the Alaska court system:

• Consider alternative solutions, such as a cash-for-keys settlement in which the landlord pays the squatter a set amount to vacate the property.
• Serve the squatter a Notice to Quit. In Alaska, a landlord can evict a squatter or tenant for five reasons: failure to pay rent or utilities, lease violations, intentional damage to the property, or illegal activity.
• File for eviction with the court. Landlords must fill out the following six forms in an eviction lawsuit: Complaint, Summons, Case Description, Service Instructions, Judgment for Possession, and Writ of Assistance.
• Serve the squatter with a copy of the complaint and all other forms. In Alaska, landlords must deliver these forms through Certified Mail or a process server. Hand-delivering the court summons doesn’t count.
• Wait for the required response period. Squatters have 20 days to respond, and failing to do so allows the landlord to ask for a default judgment in their favor.
• Attend the eviction hearing. During this hearing, the court will decide whether to take possession of the property and order the squatter to leave the premises if it rules in favor of the landlord.
• Attend the damages hearing. If the landlord is suing for damages inflicted by the squatter, they must attend a separate hearing.
• Have law enforcement forcibly remove the squatter. If the squatter fails to move out by the court-mandated date, the judge will provide the landlord with a Writ of Assistance that enables local law enforcement to go in and remove the squatter.

Note: Self-help evictions are illegal in Alaska, and landlords should never attempt them.

Legal Help for Landlords in Alaska

Alaskan landlords in need of legal help for dealing with squatters can use one of the following resources:

• Alaska Bar Association: Provides a lawyer referral service that connects landlords with a lawyer experienced in tenant issues and offers a flat-rate introductory meeting.
• Alaska Legal Services Corporation: Legal advice and assistance for low-income tenants and landlords facing evictions and disputes in Alaska.
• Alaska Department of Law: This department publishes a landlord-tenant booklet that explains Alaska’s Landlord and Tenant Act and provides sample court forms.
• EZ Evict USA: Let a professional team handle serving notices, filing court documents, and coordinating law enforcement.

Preventing Future Squatter Situations

Landlords who take pre-emptive measures against squatters are doing themselves a great favor. Simple upgrades and good habits can cost far less time and money than dealing with an eviction lawsuit. Here are a few strategies to consider:

• Post no trespassing signs: Warn away would-be squatters and establish legal documentation for quick removal by law enforcement if trespassers are spotted. 
• Reinforce entryways: Upgrade weak points of entry that squatters could exploit.
• Keep a close eye on your property: Either make in-person visits or recruit a neighbor to keep an eye on your vacant properties to identify and deter squatters.
• Install security cameras: Quickly alert law enforcement while would-be squatters are still in the trespassing stage to avoid having to file an eviction lawsuit.
• Maintain property exteriors: Routing landscaping, fixing external damage, and cosmetic upgrades can give a property a lived-in look, scaring away potential squatters.

How Property Management Software Can Help

Navigating squatters rights in Alaska can be a massive headache for landlords. TurboTenant can help landlords avoid squatters in the first place by quickly filling properties and minimizing vacancies with our suite of online tools:

• Advertise your properties online with just a few clicks to increase tenant acquisition and reduce vacancies.
• Collect free digital rental applications to reduce filing and paper waste.
• Quickly generate leases specific to Alaska with e-signature support.
• Screen tenants to find the right long-term fit and reduce tenant turnover.

Sign up for a TurboTenant account today. It’s free and can help you find new tenants, avoid lengthy vacancies, and collect rent online.

Squatters Rights Alaska FAQ