Nome 2000 v. Fagerstrom  1944-48: scout cabin  66’: building  70’: corner posts  74’: camper trailer  75’: spruce trees  77’: reindeer pen  78’: cabin  87’: Nome files __________________________  Year in question is 1977                Adverse possession deals w/ std. state law Open & notorious  Putting them on notice (actions that would put a reasonable owner on notice) Exclusivity  Can permit people to pass on land (have Color of title  Actually owned it, have the title Claim of right  Owning the land because of the way you have used it Hostility  Alaska std. (objective std.) Continuous  Peggy and Charles left in Winter months and came back in the Summer. Defeat claim of adverse possession? o Allowed to leave it occasionally o Don’t have to stay there for the entire time/remaining years Court says Peggy and Charles should only get North section If you don’t have color of title, only area of land that was possessed is taken  Could possess the part, doesn’t have to possess the entire claim Stakes aren’t same as fence because anyone can put stakes, fence est. ownership Takings clause is the government (anti and property right)  Gov. comes to your house and wants to build a road, you can’t jack up price, but they can pay fair price  If gov. goes too far in action, it has to pay you  When is the gov. reg. go too far? Gave north parcel to Fagerstroms Southern parcel was remanded Think of adverse possession as manifest destiny (us wanting people to use the land how we deem tolerable)  Took natives land by possessing it  Argue point of adverse possession is to encourage the development of land and serving as a warning to property owners to maintain land (do we want to encourage development of every land?) Adverse Possession  Possession becomes converted into ownership  “I act like a boy, I am a boy”  Easement: right to use a land (interest in land, just like a fee absolute) o Can own easement (ex = Nick’s extended driveway, don’t own property the same as the house, but own right to use the driveway to get to the street) o Ex = comcast has an easement to put cables on your property o When we go to the grocery, we have a license to be there, but not an easement (we can be asked to leave) o People can’t ask you to leave when you have an easement o Need a deed/piece of paper for easement, but not for adverse possession -   Exception = Prescriptive easement Most easements come from when you buy a house from the contractor Also ones you don’t interfere with electrical lines, etc. Community Feed Store Facts: Elements of Prescriptive Easements:  Acquiesence  Adverse use or possession  Open & Notorious  Hostile  Continuous  Statutory Period  Have to use it the way a fee holder/owner uses it (easement owner just has to use it)  Actual ownership and exclusive are NOT elements (just need to use it/have right to use)

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