Property Disputes in Juneau, AK
Real estate concerns have become a hot-button issue in Juneau. A report from KTOO says the dramatic increases in commercial property values reached 50% in one year. However, appeals from local landowners to deal with the realities this creates have fallen on deaf ears.
Regardless of your property concerns, the battle ahead can be lengthy and frustrating. Therefore, the purpose of this guide is to arm you with the essentials to get started. Make your plans with us today, and consider talking to a local attorney in our network.
What Is a Property Dispute?
Property disputes involve legal battles over real estate, including homes, apartments, or condominiums. Juneau, AK property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners associations
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
Regardless of who becomes involved, the trial court in Juneau can adjudicate the legal fallout.
Common Types of Juneau, Alaska Property Disputes
The most common property disputes often include:
- Zoning issues
- Neighbors disagree over property lines.
- Landlords and tenants argue about who is at fault for damage to the property.
- Homeowners and real estate developers disagree over who is responsible for construction repairs.
- People obstruct views via a spite fence or another structure specifically made to annoy their neighbor.
- Mortgage lenders and creditors dispute who can foreclose a property and who receives the proceeds of a sale.
- Homeowners and government agencies contest whether they have a utility easement.
- Ownership disputes about who is the rightful owner of a property.
Beyond these examples, you may find other situations where a property dispute can happen in Juneau. In general, if you own land, you must constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Juneau, Alaska Property Disputes
Cutting down or damaging trees in Juneau is an example of a typical property dispute. The civil damages the court can award you depend on the motivations. For instance, Alaska Statutes only allow you to recover actual damages when the action was unintentional.
Another example comes from the disputes between farmers and expanding urban centers. Alaska has Right-to-Farm laws that protect farmers from nuisance lawsuits. In particular, the law has protections against allegations of pollution.
Legal Process for Boundary Disputes In Juneau, Alaska
Has someone brought a property dispute against you in Juneau, 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 will have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the deed. This survey will help you understand your property and how much encroachment happened on your land.
- 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 Juneau, AK property. The title search will show if any deeds may affect your ownership.
Many of these steps likely happened when you purchased the home. If so, the documents you already have should suffice.
Additionally, there are potential liabilities to anyone with fencing on their property in Juneau. Under Alaska law, landowners with a barbed wire fence must keep it in good repair. The damage it causes to animals in the adjacent property can mean they have to pay civil damages.
Try to Find a Solution with Your Neighbor
Property dispute litigation in , can be both expensive and time-consuming. To avoid these challenges, it’s often best to start by having an open discussion with your neighbor. Resolving the dispute without going to court can save you significant time and money.
Begin by reaching out directly to your neighbor. You might send a letter or email, make a phone call, or visit them in person if it feels appropriate.
If these efforts don’t resolve the issue and you remain at odds, it may be time to consult an attorney. A lawyer can assess whether you have a strong legal case and, if so, help you draft and send a formal demand letter to address the dispute.
Sending a Demand Letter
This letter will be from your Juneau attorney to your neighbor. Its purpose is to outline the property dispute. It will give your neighbor the option to respond via a requested action. Alternatively, 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.
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 go nowhere, you might have to file a civil complaint with the court. The court will then look at the evidence and determine who owns the Juneau, AK property in question.
If the court has the final word, you may not get the result you wanted to see. This powerful fact is why most cases settle without going to trial.
In Juneau, the local trial court can have the final word when your property dispute goes to a judge or jury.
Work With an Experienced Local Property Dispute Lawyer In Juneau, Alaska
When it comes to Alaska property disputes, you should work with an experienced property dispute lawyer. They know how Juneau property law can be on your side. Furthermore, they have experience negotiating settlements that can save you time and money.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area! We can even help you connect with an attorney across Alaska state lines.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
