Whether you own a property or simply rent, it is vital to grasp your rights to a silent domain and access control for your house and surrounding areas.
I do not think anyone likes the concept intruders can come and go as they please, but slipping the doorknob and overreacting and not using a solid understanding of the law will only make a foul situation worse and just get you into trouble.
For this reason, it is incredibly necessary that every one residents understand the trespass laws of their state.
You must know in what context someone is definitely encroaching in your property and what you may do about it, in addition to what responsibilities you might have regarding listing your land or premises to potential intruders.
Alaska is a state with clear and easy-to-understand trespass laws, even though it has one fairly unique law on the books for a positive trespass defense if the person doing it’s in dire need. Below we’ll let you know all the pieces it’s essential know.
Overview of the law regarding entry into Alaska
- With respect to uninhabited, unused land, entering and using the property isn’t considered trespass unless it’s fenced off, posted, or a notice of non-tressing has been given orally or in writing to the intruding party.
- Entering Alaska is a misdemeanor in itself, whether someone is entering with intent to commit a criminal offense or in a dwelling defines the category of misdemeanor.
- Alaska provides an affirmative defense against a charge of trespassing if the occupier of property or premises does so in an emergency and immediate, urgent need, provided that she or he immediately notifies the property owner as soon as possible.
What constitutes an incursion into Alaska?
Trespassing is defined in section 11.46.350 as entering or staying unlawfully, specifically, entering or staying on one other person’s property or controlled vehicle without privilege where the property or vehicle isn’t open to the general public.
It is further defined as not leaving an area or vehicle that’s open to the general public when instructed to achieve this by the person accountable for the world or vehicle.
Article 2. Theft with burglary and a criminal offense. knot. 11.46.350. Definition; the privilege of entering or remaining in unimproved territory.
(a) As utilized in AS 11.46.300 – 11.46.350, unless the context otherwise requires, “illegal entry or residence” means
(1) enter or remain on the premises or within the driving vehicle when the premises or driving vehicle isn’t open to the general public on the time of entry or stay and the defendant isn’t otherwise privileged to achieve this;
(2) not leave an area or a powered vehicle that’s open to the general public after receiving a lawful personal order from a responsible person; or
(3) enter or remain on a facility or vehicle driven in violation of a warrant issued or filed under AS 18.66.100-18.66.180 or issued under former AS 25.35.010(b) or 25.35.020.
Does Alaska require “No Trespassing” signs?
No, so long as specific intrusion warning is given verbally or in writing.
This implies that the owner of the true estate, the owner’s representative or a licensed law enforcement agency may deliver a notice of trespass to a particular plot to a natural person, and this may have legal force.
If the person then proceeds to trespass on said premises or vehicle, they might be charged with trespassing.
However, any anti-intrusion signs posted are actually eligible for notice so long as they’re placed in a reasonably conspicuous manner.
Is a fence required to guard property?
No, fencing isn’t required to guard property if signage is posted. However, land that’s undeveloped and apparently unused, that’s unfenced and unmarked, could also be considered free for the use or passage of passers-by.
You can, after all, verbally notify people to depart your land, whether or not they are on foot or in vehicles, but if you happen to want the force of law to support you in keeping people off your land, whether it’s developed or not , you should fence it or put up signage.
What other signs indicate “no trespassing”?
While not legal, purple dashes are used to indicate “no trespassing” when posted along posts or trees on the property boundary.
These are generally self-explanatory, but if you happen to want maximum protection against trespassing by law, you must post signs.
Can Attorneys Ignore No Trespassing Signs?
No, so long as the signs are prominently displayed. Remember that in an emergency, people can trespass in your land and even enter your constructing in the event that they urgently need assistance or shelter.
Also remember that duly authorized law enforcement, public service personnel and other employees or contractors of city, county and state organizations may have the opportunity to disregard no trespassing signs on private property while performing their normal duties.
Can trespassing end in an arrest in Alaska?
Yes, it could actually, although there isn’t any trespassing in Alaska that’s itself openly considered a criminal offense.
However, trespassing into an apartment or premises in violation of the posted signage is a misdemeanor charge and will be handled accordingly.
Can you sue someone for trespassing?
Yes, especially if it damages your property, invades your peace of mind, or invades your privacy.
Special Intrusion Cases in Alaska
Alaska has a law on the books, or reasonably an affirmative defense against trespass charges, which is sort of unique.
Section 11.46.340 discusses the emergency use of any premises. In particular, the entry, use or occupation of any premises or the usage of any personal property on the premises within the event of an actual emergency and urgent need is taken into account an “excuse” for trespassing, so long as the use, entry, occupation, etc. is reported to the owner of the premises or the owner’s agent.
Or, having no information on who may own the property, report it to the closest state or local police department.
This may sound unthinkable to those of us who live within the lower 48, but when you concentrate on how dangerous and distant most of Alaska could be, it makes some sense.
Even regular activities in distant parts of Alaska, especially within the winter, can turn into life-threatening matters within the blink of a watch.
An individual might have to take the primary and best shelter available in the event that they need to survive, to hell with property rights.
While it’s actually not carte blanche to make use of another person’s property and things when convenient or desirable, it does provide people who find themselves in a really desperate situation a little bit extra legal protection.
Remember, like all affirmative defenses, this one have to be proven in court! It doesn’t exonerate anyone on the scene of any actual or alleged wrongdoing!
Article 2. Theft with burglary and a criminal offense. knot. 11.46.340. Defence: emergency use of premises.
In criminal proceedings under AS 11.46.300, 11.46.310, 11.46.320 or 11.46.330(a)(1), the affirmative defense is that
(1) the entry, use or occupation of the premises or the use of non-public property positioned on the premises is of a sudden nature within the event of a sudden and urgent need; and
(2) as soon as reasonably practicable after entry, use, or occupation, that person contacts the owner of the premises, the owner’s agent, or, if the owner is unknown, the closest state or local police agency and files a report of the time of entry, use, or occupancy and any damage caused to the premises or personal property, unless the owner or the owner’s representative will post a notice on the premises on the waiver of the necessity to submit a notification.