Property Disputes in Fairbanks, AK

Good fences make good neighbors. But sometimes you have a shared fence and can’t determine whose responsibility it is for the payment and upkeep. You hope to go about your business and never have a property dispute. But if such a dispute should arise, you can call on the legal expertise of an experienced attorney in Fairbanks.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Fairbanks, AK property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

District Courts hear the majority of property dispute cases in Fairbanks. However, if your dispute involves less than $10,000, you could file a claim with the Small Claims Court in Fairbanks.

Common Types of Fairbanks, Alaska Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Fairbanks where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Fairbanks, Alaska Property Disputes

The Alaska State Legislature confirms that Fairbanks residents can only trim tree limbs that hang over their property, if the base of the tree is on the property of another. This could be private property, or public property, the statute remains the same. Any further cutting of the tree that doesn’t directly hang over your property can result in fines or penalties.

In addition, farmers in Fairbanks are protected by the state’s Right to Farm Laws. These laws protect local farmers from nuisance lawsuits regarding smells or noise pollution. These laws have been incredibly helpful in the state of Alaska, as farming operations have increased by 83% since the laws were passed in 1986.

Legal Process for Boundary Disputes In Fairbanks, Alaska

Has someone brought a property dispute against you in Fairbanks, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Fairbanks, AK property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Fences in Fairbanks North Star Borough, in urban residential zones, are not permitted to exceed 8 feet in height. However, there are zero height restrictions for fences in non-urban areas, or fences around farmland. In addition, fencing in urban areas that separate houses can be placed directly at the property line.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Fairbanks, Alaska can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Fairbanks attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Fairbanks, AK property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

The Superior Court in Fairbanks will handle the majority of property dispute cases for Fairbanks North Star Borough.

Work With an Experienced Local Property Dispute Lawyer In Fairbanks, Alaska

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Fairbanks property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Alaska state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!