Detailed Answer
When an unauthorized person occupies real property that you own or are about to sell in Alaska, you face two separate but related legal issues: (1) whether the occupant is a trespasser or a tenant, and (2) the correct legal procedure to remove them. Handling the situation correctly matters: using self-help (changing locks, physically removing people or their belongings) can expose you to criminal or civil liability. Below is a practical, step‑by‑step explanation of how Alaska law treats these situations and what actions a property owner should take.
1. Quickly identify the occupant’s legal status
• Trespasser vs. tenant: A trespasser has no legal right to be on the property. A tenant or “holdover” occupant may have rights under a lease or could claim tenancy based on prior permission. If the occupant produced a lease, keys, or rent receipts, treat them as a tenant until a court decides otherwise. If the person broke in or has no claim, they are likely a trespasser.
• Adverse possession: In rare cases long‑term occupants may try to claim ownership by adverse possession. Adverse possession requires clear statutory elements (open, notorious, exclusive, hostile, and continuous possession for the required statutory period). These claims are fact‑specific and uncommon in pre‑sale disputes.
2. Call law enforcement only when appropriate
If the occupant is actively committing a crime (breaking and entering, using force, or creating an immediate safety threat), call 911 or the local police. If police determine the person is trespassing and arrest or remove them, that can be the fastest remedy. But when the occupant claims tenancy or the police view the situation as a civil dispute, law enforcement will usually decline to remove them and will direct you to the courts.
3. Use the Alaska court eviction/forcible‑detainer process for holdover occupants
Alaska law provides a civil procedure to remove unlawful occupants (often called forcible entry and detainer or unlawful detainer). Property owners generally must file the appropriate complaint in court. If the court finds the occupant is unlawfully present, it can issue a judgment and an order (writ) directing the sheriff or marshals to remove the occupant and restore possession to the owner.
Relevant statutory authority in Alaska includes the forcible entry and detainer provisions (see AS 09.45). For information about property and civil procedures on Alaska statutes, see AS 09.45 — Forcible Entry and Detainer and the Alaska Court System (for filing instructions and local forms).
4. Steps to take as a property owner (practical sequence)
1) Document and preserve evidence: take dated photos or video showing who is in the property, whether doors/windows show forced entry, and any correspondence. Keep copies of the deed/title and any lease or sale contract.
2) Confirm ownership: obtain a current land records search or title commitment showing you (or your client) hold title and there are no recorded tenant rights.
3) Communicate in writing: if safe, serve the occupant a written demand to vacate. Keep copies and proof of delivery. Do not use threats, physical force, or lock changes.
4) If police will not remove the occupant, file an unlawful detainer or ejectment action in the appropriate Alaska court. The court process will lead to a judgment and a sheriff’s writ of possession if you prevail.
5) Obtain and record the writ of possession: once the court issues the writ, the sheriff or appropriate officer enforces it and removes occupants and certain personal property, following legal procedures.
6) Secure the property after legal removal: once lawfully recovered, change locks and secure belongings. If personal property remains inside, follow court directions about notices and storage—do not discard or destroy the occupant’s property without following the law.
5. Timeline and practical expectations
The time from filing to actual removal varies with court calendars and local sheriff availability. Emergency police removal (when applicable) can be immediate. Civil eviction through the courts generally takes days to weeks depending on local process and whether the occupant contests. Plan for delay when coordinating a sale or closing.
6. When a sale is pending
If you plan to close a sale while an occupant is present, the buyer’s lender or title insurer may require clear possession and an updated title commitment free of encumbrances. Most sellers remove unauthorized occupants before closing. If that is impossible, disclose the situation to the buyer and title company early and work with counsel to obtain a court order resolving possession before closing.
7. Criminal charges
Some unauthorized occupancies may also violate Alaska criminal statutes (for example, trespass or breaking and entering). You may request law enforcement to investigate criminal trespass in parallel, but criminal prosecutions are controlled by prosecutors and are separate from civil removal actions. See Alaska statutes on property offenses (see AS 11.46 — Offenses Against Property).
Key do’s and don’ts
Do:
- Document everything: photos, communications, title records.
- Use court processes (unlawful detainer/ejectment) to remove occupants who claim tenancy or refuse to leave.
- Coordinate with the sheriff or marshal to execute court orders.
- Talk to an attorney experienced in Alaska real property and eviction law before taking action that could cause liability.
Don’t:
- Attempt forcible self‑help removal (changing locks, cutting utilities, removing belongings yourself).
- Use threats or violence to remove occupants.
- Ignore attempts by the occupant to assert legal rights—respond through the courts.
Where to find forms and more information: Visit the Alaska Court System forms page for civil and eviction forms and local filing instructions: Alaska Court System. For statutory text on eviction/forcible detainer and property offenses, see the Alaska Legislature’s statutes: AS 09.45 and AS 11.46.
Disclaimer: This article is educational only and does not constitute legal advice. It does not create an attorney‑client relationship. For advice tailored to your specific situation, consult a licensed Alaska attorney.