Alaska Subordinaton of Mortgage Lien to Easement and Right of Way

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Multi-State
Control #:
US-OG-1212
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Description

This form is a subordination of mortgage lien to easement and right of way.

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FAQ

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.

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.

An easement is permission to use an area of land. The property owner retains ownership of the area covered by the easement. Easements "run with the land" - that is, they automatically continue in force when the land is sold.

The acquisition and utilization of land often come with complexities, especially when it concerns access to a particular property. The right of way is a legal concept that grants individuals the right to pass through another's land, especially when it is essential for access to their property.

Under AS 09.45. 730, Alaska's timber-trespass statute, a landowner may recover treble damages from a person who without lawful authority cuts down a tree on the land of another person or on the street or highway in front of a person's house.

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.

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Alaska Subordinaton of Mortgage Lien to Easement and Right of Way