Anchorage, AK asked in Real Estate Law for Alaska

Q: my land is being taken away from me from a village i moved away from.

When my children were young, I was able to qualify for a new low-income house. One of the stipulations was to own the land where they can put the house. I own land in my village, I never got to move into the house and moved away. Now they took away the house, which I do not mind, but they shouldn't be able to take my land away. please can you help? thank you for your consideration.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Alaska

A: As I understand what you are asking, you had title to the land and, on the basis of that title, the village is somehow taking the land away from you. Has the village filed some sort of a lawsuit to "take away" the property (land and house)?

One thing which makes this question difficult to address is that you are using incorrect terminology. If you own land (a lot or acreage), any building constructed on it is actually a part of that land. Thus the land and the house are essentially inseparable, in the eyes of the law; they are one thing, really.

I can imagine circumstances under which they could, pursuant to the contract they have with you, institute legal proceedings of some sort to take the property from you (by foreclosing according to the terms of the contract, whether that contract is called a mortgage, deed of trust, or something else). But I cannot imagine that they can do so without first doing some sort of legal action (court suit, etc.).

I note that this question was asked in May, some three months ago. If your situation hasn't been resolved, please contact me and I can look at it in detail.

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