Squatter Rights

Alaska Squatters Rights Law: What You Need to Know

By TenantCloud Team

In 2024, Alaska had a home vacancy rate of 0.9%, which may not sound like a lot, but that equates to almost 3,000 empty properties. As such, if you’re a landlord operating in The Last Frontier state, it’s vital that you have a solid understanding of Alaska squatters rights law so that you know exactly what steps to take were you to discover someone occupying your property when they shouldn’t be.

Alaska has some very specific rules that govern how someone might claim legal ownership of property they don’t officially own. These rules fall under adverse possession laws - something that allows an individual to obtain ownership of real property after occupying it continuously under certain conditions.

While this might sound alarming if you’re a landlord or homeowner, Alaska law has the final word on what counts as a valid adverse possession claim. As we’ll cover in this article, occupying a vacant rental property or piece of land isn’t enough. To make a successful claim, a squatter must show uninterrupted adverse notorious possession for a specific period, among other things.

In this guide, we’ll unpack what constitutes a valid claim under Alaska statute, how trespassing and possession are handled under state law, and what legal tools are available for you to use to protect your property rights.

What Are the Differences Between Squatters Rights and Tenant Rights in Alaska?

Protecting yourself as a property owner in Alaska against unwanted tenants starts with understanding the distinction between squatters rights and tenant rights. Both involve individuals occupying a property, but the legal basis behind each is entirely different - and property ownership itself can be put under threat if these differences aren’t clearly understood. Let’s see exactly what they are.

What is a Legal Tenant?

Firstly, we have a legal tenant - someone who has entered into a legal agreement to occupy a rental property. Their rights are protected under Alaska’s landlord tenant laws, which detail specific responsibilities for both the tenant and the landlord, including:

Conditions for lease renewal or termination
Maintenance obligations and property use
Eviction procedures and notice periods
Rent payment and lease terms

Tenants are naturally given more legal protection in Alaska because they have a binding contract with the owner to pay to occupy the property. Other government regulations, such as rent control and the Fair Housing Act, affect the overall relationship among all parties involved.

What is a Squatter?

Squatters, in contrast, live on land or in buildings without the permission of the property owner. They don’t pay rent, hold no lease, and are not legally classified as tenants. However, under certain conditions, a squatter may try to gain legal title to the real property through a mechanism known as an adverse possession claim.

In order to do so in Alaska, a person must be able to prove:

Uninterrupted adverse notorious possession for at least 20 years
That the occupation was open, exclusive, and without the owner’s consent

This process is difficult and rarely succeeds without some kind of legal dispute. However, it’s important to state that a non-paying or overstaying tenant is not a squatter. In this kind of situation, a person is still covered by legal tenant rights and must be removed through formal legal channels. Mislabeling them as a squatter can lead to costly legal delays.

What’s crucial here is that squatters rights are based on adverse possession law, whereas tenant rights are contractual. It’s important that any real estate investor or landlord knows the difference.

Ready-to-Use Legal Forms for Landlords (4)

Pro tip: Before taking action, review any written or verbal agreements. Even casual ones can trigger tenant protections under Alaska law.

What Are the Rights of Property Owners When Dealing With Squatters in Alaska?

Landlords and property owners will be pleased to know that they have a number of rights when dealing with squatters. First and foremost, they have the right to initiate formal eviction proceedings. Even without a lease in place, you can begin the process by serving a written notice and, if necessary, filing a claim for unlawful detainer. However, if the squatter does not leave voluntarily, the court can issue an order for removal.

You also have the right to protect your real property by documenting trespass or unauthorized use. Photos, written communication, and third-party reports (such as from neighbors or law enforcement) can all support your legal standing if a dispute arises. And importantly, you have the right to challenge an adverse possession claim - particularly if you’re the one who's been paying property taxes, maintaining boundaries, or demonstrating continued use of the property.

What you can’t do…

What you don’t have is the right to take matters into your own hands. Doing things like changing locks, cutting utilities, or removing someone’s belongings could leave you in legal trouble, as Alaskan courts expect even unlawful occupants to be dealt with through due process. Overstepping this line can damage your case and leave you in a much weaker position.

Strategy And Protection Go Hand-In-Hand

Your rights carry the most weight when you can demonstrate visible, consistent ownership. If you carry out regular maintenance and have a physical presence (or representation through a property management company), it strengthens your legal position. If you can show ongoing involvement, it becomes much harder for a squatter to make a case.

If you’re a multi-property landlord or out-of-state investor, it does become more complex, so it’s often worth reviewing your broader property strategy. To see how this fits into long-term asset protection, check out TenantCloud’s advice on building a resilient real estate portfolio.

Pro tip: A quiet property is an easy target. Regular upkeep and a visible presence do more to prevent squatting than any eviction notice ever will.

What Are the Responsibilities of Property Owners Regarding Squatters in Alaska?

When it comes to dealing with squatters in your property in Alaska, you have certain responsibilities - albeit that they are preventative steps rather than legal obligations. The more proactive and consistent you can be as a property owner, the easier it will be to avoid disputes or legal issues. Sure, Alaska’s adverse possession laws are strict, but if you’re not being attentive to the situation, even a weak adverse possession claim can gain traction.

The most important responsibility you have here is keeping a watchful eye on your property. Whether talking about a commercial rental property, inherited land, or a second home, carrying out regular inspections is the key. As such, if someone begins using your land, especially in a visible, exclusive way…and you don’t respond, you could give them what they need to begin gathering the elements needed for a future adverse possession argument.

To avoid this, owners should:

Keep property boundaries clearly marked
Maintain the land regularly (mowing, clearing, repairing fences)
Post signage indicating private ownership
Document all maintenance and visits

It’s also important to pay your property taxes on time and keep records. Some claims under Alaska's adverse possession law require the adverse possessor to have paid property taxes, but if the owner or landlord can prove continuous payments, it may prevent or discredit the claim.

Pro tip: Staying visible as an owner does more than discourage squatters - it weakens any future claim before it even begins.

What Not to Do When Dealing With Squatters

If you do discover someone occupying your property without permission, how you respond matters. Even without a rental lease agreement, squatters are still protected by Alaska law. This means that getting it wrong under Alaska squatters rights law can weaken your legal position.

Here’s what not to do:

Don’t change the locks or shut off utilities on your property. Even if the squatter has no legal standing, this is considered an illegal eviction.
Don’t remove the squatter’s belongings from the property without a court order, as it’s likely to lead to legal claims against you.
Don’t confront the squatter. Threatening or intimidating the squatter can escalate the situation and prejudice your case.
Don’t bypass the legal process. Under Alaska squatters rights law, you can’t just go in and physically remove the person. It will only land YOU in trouble.
Don’t assume that because there’s no rental lease agreement, you’re free to act. Verbal or informal agreements may protect the squatter.

Trying to take shortcuts or act out of frustration often causes more harm than good. If you stick to the legal route, your rights as a property owner remain protected.

Pro tip: In squatter situations, the law protects procedure — not emotion. Follow it by the book or risk turning a strong case into a losing one.

When Should Property Owners in Alaska Take Action Against Squatters?

Not every footprint on your land is cause for alarm. However, it’s important to know the moment that deliberation needs to turn into action. As a property owner in Alaska, it’s about knowing whether a person’s presence crosses the line into possession and when it’s time to act.

As we mentioned earlier, Alaska’s adverse possession laws require the squatter to reside in the property for 20 continuous years, but claims don’t take shape in year 20. They start quietly forming in year 1, meaning that you should act when:

Someone fences off part of your property, stores personal items, or uses a shared access point without permission.
You notice visible signs of occupation, like furniture, gardening, repairs, or any effort by someone to make the space livable.
The person asserts any kind of “right” to be there. This can be expressed verbally, in writing, or by simply refusing to leave.
You’ve inherited or acquired land that’s already being used by someone else, and you haven’t yet asserted control over the property.

In Alaska, silence can be mistaken for consent. That’s why even brief trespassing on your property should result in a response - ideally in writing. A recorded objection, notice to vacate, or even a conversation logged with law enforcement can reaffirm your rights. If you wait, you don't just risk a legal dispute, as it can affect your ability to sell, transfer, or borrow against the property in the future.

Pro tip: If you’ve recently taken ownership of land, assume nothing. Past inaction from previous owners won’t protect you from future claims.

How Does Alaska’s Adverse Possession Law Work in Practice?

So, we’ve covered the theory behind Alaska’s adverse possession law, but how does it actually work in the real world? It’s here that the real stakes become clear. The legal framework for dealing with squatters appears straightforward, the burden of proof when it comes to an adverse possession claim is high. The reality is that very few squatters succeed in their quest to stay in place permanently.

To claim legal ownership of someone else’s property, a person must prove they’ve met five key conditions consistently over a full 20-year period. These requirements are:

Actual possession: The individual must physically occupy the property as if they owned it. That means maintaining it, living there, or using it in an obvious, ongoing way.
Exclusive possession: They must be the ONLY person using the land. If there’s more than one person in occupation, it weakens a claim.
Open and notorious use: Their use of your property must be visible, not hidden. If the true property owner could reasonably be expected to notice a person living there, this criterion is met.
Hostile possession: This doesn’t mean they’re being aggressive to the owner. It simply means they’re in situ without permission and contrary to the owner’s rights.
Continuous and uninterrupted possession: The 20-year clock doesn’t pause. If there’s a break in occupation, the timeline resets back to zero.

Even if a squatter meets every condition, the court still requires solid evidence. This might include neighbor statements, dated photos, land use records, or property tax payments. Without it, the claim likely fails — especially if the property owner can show involvement or removal efforts.

Most claims break down here. Alaska’s climate, distance, and seasonal access make uninterrupted adverse notorious possession hard to prove. The Alaska Legal Services Corporation may assist in rare cases where someone stayed on a property in good faith based on informal or family agreements.

Still, these are outliers. In general, Alaska courts enforce property law that protects the registered owners of properties. If you’re a landlord, heir, or investor, staying active and visible is what keeps you safe. Adverse possession may be legal, but it's rarely clean and almost never successful.

Pro tip: The law may allow adverse possession, but the court demands proof. If you're not documenting ownership, someone else might be.

Take the Legwork Out of Property Management With TenantCloud

If there’s one thing this guide should make clear, it’s that you can’t afford to sit back when you have a squatter. That’s because in Alaska, adverse possession laws give squatters a potential path to owning their own home. The longer you wait to respond, the harder it becomes for you to push back. Whether it's a fenced-off corner of land or someone quietly moving into a vacant unit, the best defense is being alert, organized, and legally visible.

We know that being a landlord is a big responsibility, and there’s a lot to handle, so staying on top of things can be tricky. However, when you have TenantCloud in your corner, you get a feature-rich platform built to take care of the legwork. From tenant screening to automated rent collection, our software helps streamline your responsibilities, giving you more time to breathe.

So, if you’re interested in all-around support for you and your rental property, take some time to explore our website and see how TenantCloud allows you to work smarter, not harder. Alternatively, to speak with our team about your specific needs, call 1-737-300-9331 today, and we’ll be glad to help.

Frequently Asked Questions

We’ve talked about many aspects of the path that needs to be taken when dealing with squatters, but it is a big subject. That’s why we put together the following FAQs section that covers some of the other parts we didn’t yet have time to look at.

Q - Can a squatter legally claim a property in less than 20 years in Alaska?

A - No. In Alaska, the law strictly requires a minimum of 20 years of continuous occupation to even begin making a valid adverse possession claim. Some states allow shorter timeframes under special conditions, but Alaska does not.

Q - What should I do if I find someone camping or staying on my land temporarily?

A - Act immediately. Even temporary or seasonal use can quickly lead to more people arriving if it’s ignored. Issue a written notice, in addition to taking photos and getting in touch with law enforcement if needed. Quick, documented action ensures you're expressing your standpoint clearly and early.

Q - Does Alaska have a grace period before squatting becomes a legal issue?

A - No, there’s no formal “grace period” in Alaska. A person becomes a trespasser the moment they occupy your land without permission. As we’ve seen, things can quickly escalate, so even a short-term unpermitted stay should be taken seriously from day one.

Q - What role does law enforcement play in removing squatters?

A - Police can intervene when there's evidence of criminal trespass, especially if the squatter has no documentation, no lease, and it’s clear they recently entered the property. However, in longer-term cases or grey areas, they may refer you to the civil court system. That’s why it’s important to involve them early, before things become legally complicated.

Q - How can I protect a remote property from squatters if I can’t check it often?

A - Put up visible signs that state it’s a privately owned property. Also, keep the property taxed and maintained (even minimally), and consider hiring a local property management company or caretaker. In areas where long absences are common, these small steps can make a big difference.