Alaska Easement or Right of Way for Access to Property: A Comprehensive Guide In Alaska, an easement or right of way for access to property is a legal concept that grants an individual or entity the right to use a specific portion of land owned by another party to gain access to their own property. These access rights play a crucial role in ensuring the ability to enter and exit a parcel of land, especially in cases where the property may be landlocked or surrounded by other privately held land. There are a few different types of easements or rights of way for access to property in Alaska, including: 1. Express Easements: These easements are created through an explicit agreement between two landowners. The terms and conditions of the easement are often outlined in a written document, such as a deed or a separate easement agreement. Express easements can cover various access needs, such as roads, driveways, trails, or utility lines. 2. Implied Easements: Implied easements in Alaska may arise when there is an existing, customary use of a portion of land for access purposes, even if there is no written agreement or formal document. This type of easement is often inferred based on historical usage patterns and the overall necessity for accessing a property. 3. Easements by Necessity: Easements by necessity are established when a landowner lacks a reasonable alternate means of accessing their property, except by crossing another person's land. This type of easement is typically granted by the court to avoid land locking a property, ensuring that the owner can reach their land without undue hardship. 4. Prescriptive Easements: Prescriptive easements can be acquired in Alaska through continuous and uninterrupted use of another person's land without the owner's consent for a specific period of time. The claimant must establish that their use was open, notorious, hostile, and exclusive over a statutory period, which is typically 10 years. It is important to note that the creation, maintenance, and termination of easements or rights of way for access to property in Alaska are governed by state laws, which can vary. Working with a qualified real estate attorney or conducting thorough research on the specific legal requirements is therefore highly advisable when dealing with easements. In conclusion, a clear understanding of easements or rights of way for access to property is fundamental for landowners and potential buyers in Alaska. These legal mechanisms ensure a property's accessibility and can be established through express agreements, historical usage, necessity, or even prolonged use. However, it is essential to consult legal professionals to navigate the specific laws and regulations surrounding easements in Alaska.
Alaska Easement or Right of Way for Access to Property
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The 1971 Alaska Native Claims Settlement Act (ANCSA) directs the Bureau of Land Management (BLM) to convey 45.5 million acres of public land to village and regional Native corporations. Section 17(b) of ANSCA provided for the reservation of public access easements which are now commonly referred to as 17(b) easements.
17b Easements are rights reserved under the Alaska Native Claims Settlement Act to provide access to public land across Native private land. These easements are reserved when the land title is transferred. The BLM must follow specific guidelines when reserving these easements.
In 1971, the Alaska Native Claims Settlement Act was signed into law by President Nixon. It abrogated Native claims to aboriginal lands except those that are the subject of the law. In return, Natives retained up to 44 million acres (180,000 km2) of land and were paid $963 million.
Easement. An interest in land owned by another party that entitles the holder to a specific limited use or enjoyment, including the right to construct, reconstruct, operate, and maintain authorized improvements.
Section Line Easement (SLE)s are existing easements established for access purposes, up to and including construction of paved roads. These easements are managed by the Department of Natural Resources (DNR) under AS 38 pursuant to AS 19.30. 400.
Alaska's adverse possession law is fairly simple. Anyone openly possessing a parcel of property under color of title for at least seven years, or at least 10 years under a good faith (but mistaken) belief that the land was already part of their property, may claim that property.