Nome 2000 v. Fagerstrom
Alaska Supreme Court
799 P.2d 304 (Alaska 1990)
The Fagerstroms (defendants) seasonally used a northern parcel of Nome 2000's (plaintiff's) land for a camper, tree planting, a picnic area, an outhouse, fish rack, reindeer shelter, and eventually a cabin, while only occasionally using a southern parcel for recreation on existing trails and picking up trash; many community members believed the Fagerstroms owned the property, though others were also allowed to use it for berry-picking and fishing. Nome 2000 conceded adverse possession of the northern parcel (cabin built nine years before suit) but sued to eject the Fagerstroms from the whole property; the Fagerstroms counterclaimed for adverse possession under Alaska's ten-year statute, and the trial court denied Nome 2000's directed verdict motion as to both parcels.
Whether a claimant can establish adverse possession of land without being physically present for the entire statutory period, without excluding all others from the land, or without giving actual notice of possession to the title holder.