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Alaska Real Estate Law Questions & Answers
1 Answer | Asked in Construction Law, Contracts, Civil Litigation and Real Estate Law for Alaska on
Q: Can contractor place lien for excess amount beyond oral agreement?

I had an oral agreement with a contractor for some parcel dirt work, and no written estimates or contracts were provided. After completing the work, the contractor added a significant additional sum to the final bill. He claims the additional charges are for tasks he alleges were outside the... View More

James L. Arrasmith
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answered on Oct 17, 2025

Yes—but only within strict limits. In Alaska, a contractor may record a mechanic’s lien even when your agreement was oral, but the lien can secure only the amount actually owed for labor, materials, or services you requested. A lien does not exist until a verified claim of lien is recorded in... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence and Real Estate Law for Alaska on
Q: Can a landlord in Alaska evict a tenant after being arrested for assault?

I am under a year-long lease in Homer, Alaska, ending in September 2025. My landlord, who I was in a dating relationship with, was arrested for assaulting me and is waiting to be charged with felonies. There is a 'No Contact Order' in place, prohibiting him from being on the property,... View More

James L. Arrasmith
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answered on Sep 8, 2025

You are still under the protection of your lease until September 2025, and your landlord cannot simply force you out without following the formal eviction process set by Alaska law. A landlord’s arrest, especially in connection with an assault against you, does not give them the legal right to... View More

3 Answers | Asked in Landlord - Tenant, Civil Litigation, Employment Law and Real Estate Law for Alaska on
Q: What legal actions can I take for unfulfilled rental promises and disability accommodations in Alaska?

I moved into an apartment on 02/01/2024 under a lease agreement to pay $1,325 instead of $1,000, as the building was undergoing renovations with promised updates including a dishwasher. The landlord assured me that by midsummer, I could move into a newly renovated lower unit to accommodate my... View More

Brad S Kane
Brad S Kane
answered on May 25, 2025

You might want to start with filing a complaint with the Alaska Human Rights Commission based on failure to accommodate your disability and breaking their promise to do so. You could also consider hiring an attorney to write a demand letter addressing the same issues.

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1 Answer | Asked in Real Estate Law and Contracts for Alaska on
Q: Is a deed supposed to be held by a Trustee if not provided?

I bought a commercial building in Fairbanks, Alaska, in 2013. However, the deed of trust was never recorded, and there is no deed of trust as part of the transaction. I requested a deed of trust twice but didn't receive it. I ended up borrowing money from the seller out of necessity because... View More

James L. Arrasmith
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answered on Jun 7, 2025

It sounds like your situation has left you in a really difficult spot, especially since you've been trying to sort this out since 2013. In Alaska, when a buyer borrows money to purchase real estate, a deed of trust is typically used instead of a traditional mortgage. That deed of trust is... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation, Landlord - Tenant and Real Estate Law for Alaska on
Q: Liability for dogs killing neighbor's chicken in Alaska

I am seeking advice because my dogs escaped from my backyard, which had a partially fallen fence, and killed a neighbor's chicken. The dogs have no history of aggressive behavior and have only escaped the yard once or twice before. I don't have homeowner's insurance, and my neighbor... View More

James L. Arrasmith
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answered on May 14, 2025

That’s a really difficult spot to be in, especially when emotions can run high between neighbors. In Alaska, you can be held legally responsible if your dogs cause damage to another person’s property, including livestock like chickens. Even if your dogs aren’t usually aggressive, the fact... View More

2 Answers | Asked in Real Estate Law and Contracts for Alaska on
Q: Can I use a quitclaim deed to remove my former spouse from my house deed if she's in Japan?

My former Japanese spouse, who was never legally married to me in the US, was added to the deed of my house during a refinance in 2021. She returned to Japan in January 2024, and we separated amicably with no legal marriage. There are no other stakeholders. Can we use a quitclaim deed for me to... View More

Anthony M. Avery
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answered on Apr 14, 2025

Hire an AK attorney to draft that deed of all her interests in the property. It will have to be sent to her for execution before a notary public, which will be a problem in Japan unless she goes to a US Embassy. Do not rely on email execution of such an important deed.

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3 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Alaska on
Q: House burned down due to electric company's mistake, joint owner received settlement, not notified. Is it legal?

I own personal property jointly with another person, and I've recently found out that a lawsuit was settled, granting the other person $150,000 due to damages caused by the electric company's mistakes, which led to our house burning down and damaging the property. My name is on the... View More

Anthony M. Avery
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answered on Apr 2, 2025

Initially go to the Court where suit was filed. Read the Court file. Then talk to a lawyer and potentially file suit against the alleged at fault company. Other owner may have claimed he owned all personal property damaged. You may have to file your own suit as intervention in a settled and... View More

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1 Answer | Asked in Foreclosure, Contracts and Real Estate Law for Alaska on
Q: Options if new note owner disregards payments and foreclosure is time-barred

My mortgage contract ended in 2014. The lender started foreclosure but halted it, and I have been directly paying the lender by check. Now, the lender has sold the note, and the new owner initiated foreclosure, claiming that my payments don't count. They are using the principal amount from... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds like a deeply frustrating and unfair situation, especially after making consistent payments and thinking you were honoring your obligations. In Alaska, foreclosure actions are subject to a statute of limitations—typically six years from the date of default or the last payment applied... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: my mom & I bought a house together. The deed states 50/50.

my mom & I bought a house together. The deed states 50/50. She paid it off. Her will is now worded to make it sound like she is sole owner and that she has all the rights to make the decisions on the property, after she dies. The attorney led her to believe that since she paid if off that its... View More

Anthony M. Avery
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answered on Oct 24, 2023

Hire an attorney to search the title and determine titled ownership. He should have an opinion about contribution in the event of a partition or other sale.

1 Answer | Asked in Real Estate Law for Alaska on
Q: We have a property that was sold owner contract. They are letting the property go to disrepair. Legal recourse?

The roof is leaking and the electric has gone out in parts of the place. We unfortunately didn’t include keeping the place in good condition in the contract. Can we force to make repairs?

T. Augustus Claus
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answered on Sep 21, 2023

If the contract for the property sale did not explicitly state that the buyers are required to maintain the property in good condition, your options for legal recourse may be limited. Alaska property law generally leans on the written agreements between parties. However, some general principles of... View More

1 Answer | Asked in Divorce and Real Estate Law for Alaska on
Q: How do I remove my girlfriend from the deed to our house we bought together?

We bought it together, money may have come from both accounts, but it all originated from my paychecks, as she made next to nothing during that time, and continued to make next to nothing until very recently. We don’t want to live together, and neither of us are willing to leave. Obviously this... View More

Anthony M. Avery
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answered on Aug 2, 2023

You will probably need to hire an AK attorney to file an action for a Sale For Partition.

1 Answer | Asked in Estate Planning, Real Estate Law and Military Law for Alaska on
Q: HOA is fining me for having a damaged vehicle and bins out for less than 2 weeks, I'm deployed and can't do anything.

A friend of mine is watching my house, and was waiting on a new tire to fix their truck. I had mentioned to her that I had gotten an email from HOA to fix these issues, I had reached back out to the HOA after the fact to let them know what was going on. 10 days later, they fined me for both the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

As you may know, the Servicemembers Civil Relief Act may be applicable. See: https://www.law.cornell.edu/uscode/text/50/chapter-50

50 U.S. Code § 3952 may very well apply to your situation.

1 Answer | Asked in Real Estate Law for Alaska on
Q: My neighbors property caught fire and burned my mature fruit producing trees. It also acted as a privacy boundary line.

My neighbor doesn’t occupy his home as apermanent residence. He has acres of 4ft weeds and hired workers who were not with the right equipment to mow some of it down which caught fire. It spread to my tree line of mature fruit producing trees and burnt my fence post down. What should I do?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

It is unclear whether your property is in Alaska or in Washington. But in any event, you should contact your neighbor's property insurance carrier, if he has one.

1 Answer | Asked in Environmental, Land Use & Zoning, Real Estate Law and Construction Law for Alaska on
Q: Can I be denied permits for a very large developement project on my land on the basis of keeping the land undeveloped?

Lets say I own a deeded 64,000 acre block of forested land with no conservation easments. Then lets say I want to build a town on this land. Houses, subdivsions, trailer parks, businesses, industrial zone, roads. highways, etc. Assuming all the structures to be built are up to code and don't... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

Assuming that your land is in an organized borough or municipality, yes, there are many factors that might make it difficult to develop the land. Check with the code enforcement office of your borough or municipality to see what you might need to do.

1 Answer | Asked in Real Estate Law for Alaska on
Q: Where can i get ejectment package forms to file with the superior court in nome alaska
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2022

This is not a Florida law question, but since I am an inactive Alaska attorney, I might as well give you this link:

http://www.courts.alaska.gov/forms/index.htm#force

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Civil Rights for Alaska on
Q: Homeless disabled ward of state abused as free labor and sexual physical abuse often to trade for shelter a

I was evicted without opa or lawyer present . I was told I abandoned my apt and locked out n things thrown in dump . Opa aware I'm dying and trafficked but no help. How can I better advocate or get my funds to live . I'm disabled with speech impediment

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2022

An Alaska attorney could advise best, but your question remains open for two weeks and your situation is a difficult and heartbreaking one. Under the posted categories, personal injury, real estate attorneys aren't going to know about this - the eviction issue is something for a... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for Alaska on
Q: How do I find My Land Left to me by my father I'm a Alaska native
Nina Whitehurst
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answered on Jan 27, 2022

Most real estate attorneys and all title companies can do a search for land in your father's name or in your name (if already transferred). If the land is still in your father's name, you need a probate attorney to help you get it retitled.

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1 Answer | Asked in Contracts and Real Estate Law for Alaska on
Q: How to file a court hearing against a HOA for being arbitrary and not enforcing all rules consistently and fairly to all

In short we have a newly formed HOA of 3 years in an area that had a lease that was never enforced and now those same rules are the HOA rules and are only heavily enforced on a very small few. Refuse to address it and discuss it. Allow different rules and exceptions for certain members. Enforce a... View More

Robert King Reges Jr.
Robert King Reges Jr.
answered on Jan 31, 2022

Many homeowner associations are incorporated. Look to their Articles of Incorporation and Bylaws to determine available procedures for voicing complaints. If you follow the proper "administrative" procedures and obtain no substantive review or response then you have a procedural cause... View More

1 Answer | Asked in Real Estate Law for Alaska on
Q: how do I add my daughter name to our title.
Anthony M. Avery
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answered on Mar 2, 2021

Hire a competent Alaska attorney to draft a Deed. You can have a life estate/remainder deed, tenants in common, joint tenancy with right of survivorship, or many other types of future interest deeds. It may need a title search besides just examining to last Deed.

1 Answer | Asked in Real Estate Law for Alaska on
Q: I just foreclosed on a property in alaska. I was 2nd lien. Is it my responsibility to contact the owners? Or them me?

Foreclosed with Deed of trust and promissory note thru divorce. Ex still owes alot to original owners. Should have been paid in full in 2015. All involved avoid/ignore me. Am I responsible for his payment contract?

Anthony M. Avery
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answered on Dec 9, 2020

You are not personally responsible for the priority Note. But if someone does not pay it, at some time in the future the first Deed of Trust will be foreclosed. If there is no surplus, then your Deed is extinguished. But if there is a surplus, and the trustee is honest, you as the second... View More

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