Sponsor Statement for SB 286

Adverse Possession of Real Property

I introduced SB 286 to bring attention to the state’s current laws governing the adverse possession of a private property and its suitability to land ownership in the state and to modern advances in the location, description, and recording of private lands. The legislation addresses two conditions of adverse possession. The first is the "squatter" situation where a person knowingly and with intent occupies another persons property. After ten years of use, the occupant can claim ownership by adverse possession under current law. In addition there is no compensation to the real owner for his or her loss.

In the second instance, the person’s occupancy of the property is under a good faith belief that they have clear title or other documentation establishing their ownership. This instance also includes the adjacent property owner who mistakenly locates on neighboring land. In each situation, the property can be claimed after seven years of adverse possession.

Much of the private land in the state is now located in remote, wilderness areas of the state because of the ANCSA settlements and other properties associated with historical mining activities. Because of their remoteness these properties are more subject to inattention by their owners and therefore susceptible to adverse possession. SB 286 proposes to eliminate any adverse possession claim by a person who knowingly and intentionally occupies land they do not own. When the occupancy is inadvertent, the legislation increases the standards for adverse possession. In this later case, the original owner must be compensated.