Case Name: Nome 2000 v. Fagerstrom
\nPlaintiff: Nome 2000
\nDefendant: Charles and Peggy Fagerstrom
\nCitation: 799 P.2d 304 (Alaska 1990)<\/p>\n
Issue<\/strong>: Whether the defendants acquired the southern portion of the land in dispute when their only activities included the use of the pre-existing trails and picking up litter.<\/p>\n Key Fact<\/strong>s: 7 \u00bd acres in dispute. Record title which includes the disputed parcel is held by Nome 2000. In 1978 the defendants built a cabin on the north end of the disputed parcel. The plaintiff admits that from the time the cabin was place until it filed this suit (1987), the defendants adversely possessed the north end of the disputed parcel.<\/p>\n Procedural History<\/strong>: Nome 2000 filed suit to eject defendants. The defendant\u2019s counterclaimed that through their use of the parcel they had acquired title by adverse possession.<\/p>\n Holding<\/strong>: The defendant did not acquire the property through adverse possession on the southern portion of the land because absent color of title, only property actually possessed may be acquired by adverse possession.<\/p>\n Judgment<\/strong>: The plaintiffs did not adversely possess the southern portion of the land in dispute. The case was remanded to the trial court in order to determine the extent of the defendant\u2019s acquisition (northern portion).<\/p>\n Alaska adverse possession: Case Name: Nome 2000 v. Fagerstrom Plaintiff: Nome 2000 Defendant: Charles and Peggy Fagerstrom Citation: 799 P.2d 304 (Alaska 1990) Issue: Whether the defendants acquired the southern portion of the land in dispute when their only activities included the use of the pre-existing trails and picking up litter. Key Facts: 7 \u00bd acres in dispute. … <\/p>\n
\n1. Ten year period
\n2.\u00a0 Continuous
\n3. Open and notorious
\n4. Exclusive and hostile to the true owner<\/p>\n","protected":false},"excerpt":{"rendered":"