Alaska Statutes
Title 34. Property

Sec. 34.03.050. Separation of rents and obligations to maintain property forbidden. - A rental agreement, assignment, conveyance, trust deed, or security instrument...

Sec. 34.03.060. Sublease and assignment. - (a) Unless otherwise agreed in writing, the tenant may not...

Article 3. Landlord Obligations.

Sec. 34.03.070. Security deposits and prepaid rent. - (a) Except as provided in (h) of this section, a...

Sec. 34.03.080. Disclosure. - (a) The landlord or a person authorized to enter into...

Sec. 34.03.090. Landlord to supply possession of the dwelling unit. - (a) At the commencement of the term the landlord shall...

Sec. 34.03.100. Landlord to maintain fit premises. - (a) The landlord shall (1) make all repairs and do...

Sec. 34.03.110. Limitation of liability. - (a) Unless otherwise agreed, a landlord who conveys premises that...

Article 4. Tenant Obligations.

Sec. 34.03.120. Tenant obligations. - (a) The tenant (1) shall keep that part of the...

Sec. 34.03.130. Rules and regulations. - (a) A landlord may adopt rules and regulations, which shall...

Sec. 34.03.140. Access. - (a) The tenant may not unreasonably withhold consent to the...

Sec. 34.03.150. Tenant to use and occupy. - Unless otherwise agreed, the tenant shall occupy the dwelling unit...

Article 5. Tenant Remedies.

Sec. 34.03.160. Noncompliance by the landlord: General. - (a) Except as provided in this chapter, if there is...

Sec. 34.03.170. Failure to deliver possession. - (a) If the landlord fails to deliver possession of the...

Sec. 34.03.180. Wrongful failure to supply heat, water, hot water or essential services. - (a) If, contrary to the rental agreement or AS 34.03.100,...

Sec. 34.03.190. Landlord's noncompliance as defense to action for possession or rent. - (a) In an action for possession based upon nonpayment of...

Sec. 34.03.200. Fire or casualty damage. - (a) If the dwelling unit or premises are damaged or...

Sec. 34.03.210. Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service. - If the landlord unlawfully removes or excludes the tenant from...

Article 6. Landlord Remedies.

Sec. 34.03.220. Noncompliance with rental agreement; failure to pay rent. - (a) Except as provided in this chapter, (1) if the...

Sec. 34.03.225. Limitations on mobile home park operator's right to terminate. - (a) A mobile home park operator may evict a mobile...

Sec. 34.03.230. Remedies for absence, nonuse and abandonment. - (a) When the rental agreement requires the tenant to give...

Sec. 34.03.240. Waiver of landlord's right to terminate. - Acceptance of rent with knowledge of a default by the...

Sec. 34.03.250. Landlord liens; distraint for rent abolished. - (a) A lien or security interest on behalf of the...

Sec. 34.03.260. Disposition of abandoned property. - (a) Except as otherwise agreed, if, upon termination of a...

Sec. 34.03.270. Remedy after termination. - If the rental agreement is terminated, the landlord may have...

Sec. 34.03.280. Recovery of possession limited. - A landlord may not recover or take possession of the...

Sec. 34.03.285. Service of process upon tenant. - In an action for possession under this chapter, the summons...

Article 7. Periodic Tenancy, Holdover, and Abuse of Access.

Sec. 34.03.290. Periodic tenancy and holdover. - (a) While rent is current, the landlord or the tenant...

Sec. 34.03.300. Landlord and tenant remedies for abuse of access. - (a) If the tenant refuses to allow lawful access, the...

Article 8. Retaliatory Action.

Sec. 34.03.310. Retaliatory conduct prohibited. - (a) Except as provided in (c) and (d) of this...

Article 9. General Provisions.

Sec. 34.03.320. Obligation of good faith. - Every duty under this chapter and every act that must...

Sec. 34.03.330. Application and exclusions. - (a) This chapter applies to and determines rights, obligations and...

Sec. 34.03.335. Proof of certain property damage claims. - In an action initiated by a party to recover damages...

Sec. 34.03.340. Service of process. - If a landlord is not a resident of this state...

Sec. 34.03.345. Mediation and binding arbitration. - (a) A landlord and a tenant may agree to mediate...

Sec. 34.03.350. Attorney fees. - Attorney fees shall be allowed to the prevailing party in...

Sec. 34.03.360. Definitions. - In this chapter, (1) “abandonment” means that the tenant has...

Sec. 34.03.370. Applicability. - After March 19, 1974, this chapter applies to any rental...

Sec. 34.03.380. Short title. - This chapter may be cited as the “Uniform Residential Landlord...

Chapter 05. Rental of Agricultural, Personal, and Nonresidential Property

Article 1. Agricultural Property.

Sec. 34.05.025. Agricultural tenants. - A tenant whose lease or occupancy is for agricultural purposes...

Article 2. Personal Property.

Sec. 34.05.040. Failure to return rental equipment. - A person in possession of equipment under an agreement in...

Sec. 34.05.050. Definitions. - In AS 34.05.040, (1) “equipment” means any tools, machinery, implements,...

Article 3. Illegal Activities in Premises Not Subject to Uniform Residential Landlord and Tenant Act.

Sec. 34.05.100. Tenant responsibilities in premises not subject to AS 34.03. - (a) In rented premises other than premises to which the...

Chapter 07. Horizontal Property Regimes Act

Article 1. Formation of Horizontal Property Regimes.

Sec. 34.07.010. This chapter applicable only if declaration executed and recorded. - (a) This chapter is applicable only to property, the sole...

Sec. 34.07.020. Contents of declaration. - The declaration must contain (1) a description of the land...

Sec. 34.07.025. Amendment of declaration; lienholder consent. - (a) If a declaration requires an association of apartment owners...

Sec. 34.07.030. Filing and recording of survey map and floor plans with verified statement. - There shall be filed and recorded simultaneously with the recording...

Sec. 34.07.040. Amendment to declaration in place of verified statement by architect or engineer regarding floor plans. - (a) If the floor plans do not include a verified...

Sec. 34.07.050. Form of floor plans. - The recording office shall prescribe the style, size, form, and...

Sec. 34.07.060. Survey map and floor plans subject to state and local laws. - The survey map and floor plans are subject to the...

Sec. 34.07.070. Recording of instruments affecting horizontal property regimes. - The declaration, an amendment to it, or any instrument by...

Article 2. Apartment Ownership and Conveyancing.

Sec. 34.07.080. Apartment classified as real property. - Each apartment, together with its undivided interest in the common...

Sec. 34.07.090. Apartment ownership and possession. - Each apartment owner shall have exclusive ownership and possession of...

Sec. 34.07.100. Separation of apartment ownership from common areas and facilities ownership prohibited. - The percentage of the undivided interest in the common areas...

Sec. 34.07.110. Release or partial release from encumbrance affecting apartment with first conveyance; partial waiver of lien claims. - (a) At the time of the first conveyance of each...

Sec. 34.07.120. Liability of grantee for unpaid common expenses at time of conveyance. - In a voluntary conveyance the grantee of an apartment is...

Sec. 34.07.130. Person obtaining possession upon foreclosure of apartment not liable for common expenses. - If a mortgagee of a recorded mortgage or a trustee...

Sec. 34.07.140. Grantee entitled to statement of unpaid assessments. - A grantee is entitled to a statement from the manager...

Sec. 34.07.150. Contents of apartment deed. - An apartment deed must include (1) a description of the...

Article 3. Common Areas and Facilities Owned With Apartments.

Sec. 34.07.160. Common areas and facilities ownership. - (a) Each apartment owner has the common right to a...

Sec. 34.07.170. Nonexclusive easement to use common areas and facilities. - Each apartment owner has a nonexclusive easement for, and may...

Sec. 34.07.180. Alteration of common areas and facilities ownership. - (a) The percentage of the undivided interest of each apartment...

Sec. 34.07.190. Partition of common areas and facilities ownership prohibited. - (a) The common areas and facilities shall remain undivided and...

Sec. 34.07.200. Maintenance, repair, and replacement of common areas and facilities. - (a) The necessary work of maintenance, repair, and replacement of...

Sec. 34.07.210. Waiver of liability for share of common expenses prohibited. - Waiver by an apartment owner of the use or enjoyment...

Sec. 34.07.220. Collection of unpaid common expenses from apartment owner. - A sum assessed by the association of apartment owners but...

Sec. 34.07.230. Unpaid common expense is lien on apartment; order of lien priority. - A sum assessed by the association of apartment owners but...

Sec. 34.07.240. Common expense lien foreclosure. - (a) A common expense lien under AS 34.07.230 may be...

Sec. 34.07.250. Action to recover a judgment for unpaid common expenses does not waive lien. - An action to recover a judgment for unpaid common expenses...

Sec. 34.07.260. Causes of action relating to common areas and facilities. - (a) Without limiting the rights of an apartment owner, a...

Sec. 34.07.270. Service of process on two or more apartment owners. - Service of process on two or more apartment owners in...

Sec. 34.07.280. Receipts and expenditures records to be kept. - (a) The manager or board of directors shall keep detailed...

Sec. 34.07.290. Examination by apartment owner of receipts and expenditures. - The receipts and expenditures records and vouchers authorizing payment for...

Article 4. Damage or Destruction of Property.

Sec. 34.07.300. Determination to be made by apartment owners if property destroyed. - If within 60 days of damage or destruction of all...

Sec. 34.07.310. Action for partition if apartment owners fail to act. - An action for partition may be started by an apartment...

Sec. 34.07.320. Distribution of funds from partition sale. - (a) The net proceeds of a sale of the property...

Article 5. Removal of Property From the Horizontal Property Regime.

Sec. 34.07.330. Removal of property from the provisions of this chapter. - All of the apartment owners may remove a property from...

Sec. 34.07.340. Ownership of property upon removal from the provisions of this chapter. - (a) Upon removal of the property from the provisions of...

Sec. 34.07.350. Removal of property does not bar subsequent resubmission under this chapter. - The removal of property under AS 34.07.330 - 34.07.340 does...

Article 6. Miscellaneous Provisions.

Sec. 34.07.360. Strict compliance with bylaws by apartment owner necessary. - Each apartment owner shall comply strictly with the bylaws and...

Sec. 34.07.370. Unanimous consent of all apartment owners needed for certain work on individual apartment. - An apartment owner may not do work that will jeopardize...

Sec. 34.07.380. Common profits and expenses shared by apartment owners. - The common profits of the property shall be distributed among...

Sec. 34.07.390. Persons subject to this chapter. - (a) An apartment owner, a tenant, or their employees, or...

Sec. 34.07.400. Insurance of property. - (a) A manager or board of directors, if required by...

Sec. 34.07.410. Liens against property, apartments, common areas, and facilities. - (a) After the recording of the declaration as provided in...

Sec. 34.07.420. Removal of lien against two or more apartments. - (a) If a lien against two or more apartments becomes...

Sec. 34.07.430. Assessment and taxation of apartments. - (a) An apartment and its undivided interest in the common...

Sec. 34.07.440. Interpretation of local ordinances, resolutions, or zoning laws. - Local ordinances, resolutions, or laws relating to zoning shall be...

Article 7. General Provisions.

Sec. 34.07.450. Definitions. - In this chapter, unless the context otherwise requires, (1) “apartment”...

Sec. 34.07.460. Short title. - This chapter may be cited as the Horizontal Property Regimes...

Chapter 08. Common Interest Ownership

Article 1. Applicability.

Sec. 34.08.010. Applicability generally. - Except as provided in AS 34.08.030, this chapter applies to...

Sec. 34.08.030. Applicability to limited expense liability planned communities. - If a planned community created after January 1, 1986, is...

Sec. 34.08.035. Prohibited subdivisions. - A declarant may not subdivide real property under single ownership...

Sec. 34.08.040. Applicability to preexisting common interest communities. - (a) Except as provided in AS 34.08.050, the provisions of...

Sec. 34.08.050. Applicability to small preexisting cooperatives and planned communities. - If a cooperative or planned community created within the state...

Sec. 34.08.060. Amendments to governing instruments. - (a) In amendments to the declaration, bylaws, or plats and...

Sec. 34.08.070. Applicability to nonresidential common interest communities. - (a) With the exception of AS 34.08.720 - 34.08.740, this...

Sec. 34.08.080. Applicability to out-of-state common interest communities. - This chapter does not apply to a common interest community...

Article 2. Creation, Alteration, and Termination of Common Interest Communities.

Sec. 34.08.090. Creation of common interest communities. - (a) A common interest community may be created under this...

Sec. 34.08.100. Unit boundaries. - Except as provided by the declaration (1) if walls, floors,...

Sec. 34.08.110. Construction and validity of declaration and bylaws. - (a) Each provision of the declaration and bylaws is severable....

Sec. 34.08.120. Description of units. - A description of a unit that sets out the name...

Sec. 34.08.130. Contents of declaration. - (a) The declaration must contain (1) the names of the...

Sec. 34.08.140. Leasehold common interest communities. - (a) If the expiration or termination of a lease or...

Sec. 34.08.150. Allocation of allocated interests. - (a) The declaration must allocate (1) to each unit in...

Sec. 34.08.160. Limited common elements. - (a) Except for the limited common elements described in AS...

Sec. 34.08.170. Plats and plans. - (a) Plats and plans are a part of the declaration...

Sec. 34.08.180. Exercise of development rights. - (a) To exercise a development right reserved under AS 34.08.130(a)(8),...

Sec. 34.08.190. Alterations of units. - Subject to the provisions of the declaration and other provisions...

Sec. 34.08.200. Relocation of boundaries between adjoining units. - (a) Subject to the provisions of the declaration and other...

Sec. 34.08.210. Subdivision of units. - (a) If the declaration expressly permits it, a unit may...

Sec. 34.08.220. Easement for encroachments. - If a unit or common element encroaches on another unit...

Sec. 34.08.230. Use for sales purposes. - (a) A declarant may maintain sales offices, management offices, and...

Sec. 34.08.240. Easement rights. - (a) Subject to the provisions of the declaration, a declarant...

Sec. 34.08.250. Amendment of declaration. - (a) Except for amendments that may be executed by a...

Sec. 34.08.255. Amendment of a declaration where fewer than 50 percent of unit owners approve. - (a) If a declaration requires owners having more than 50...

Sec. 34.08.260. Termination of common interest community. - (a) Unless all units are taken by eminent domain, or...

Sec. 34.08.270. Rights of secured lenders. - (a) A financial institution, including a commercial bank, mutual savings...

Sec. 34.08.280. Master associations. - (a) If the declaration provides that a power described in...

Sec. 34.08.290. Merger or consolidation of common interest communities. - (a) Any two or more common interest communities of the...

Sec. 34.08.300. Addition of unspecified real estate. - In a planned community, if the right is originally reserved...

Article 3. Management of the Common Interest Community.

Sec. 34.08.310. Organization of unit owners' association. - An association of unit owners must be organized no later...

Sec. 34.08.320. Powers of unit owners' association. - (a) Except as provided in (b) of this section and...

Sec. 34.08.330. Executive board members and officers. - (a) Except as provided in the declaration, the bylaws, (b)...

Sec. 34.08.340. Transfer of association control. - (a) Before or not more than 60 days after the...

Sec. 34.08.350. Transfer of special declarant rights. - (a) A special declarant right created or reserved under this...

Sec. 34.08.360. Termination of contracts and leases of declarant. - (a) If entered into before the executive board elected by...

Sec. 34.08.370. Bylaws. - (a) The bylaws of the association must provide (1) for...

Sec. 34.08.380. Upkeep of common interest community. - (a) Except to the extent provided by the declaration, by...

Sec. 34.08.390. Meetings. - A meeting of the association must be held at least...

Sec. 34.08.400. Quorums. - (a) Unless the bylaws provide otherwise, a quorum is present...

Sec. 34.08.410. Voting and proxies. - (a) If only one of several owners of a unit...

Sec. 34.08.420. Tort and contract liability. - Neither the association nor any unit owner except the declarant...

Sec. 34.08.430. Conveyance or encumbrance of common elements. - (a) In a condominium or planned community, portions of the...

Sec. 34.08.440. Insurance. - (a) Commencing not later than the first conveyance of a...

Sec. 34.08.450. Surplus funds. - Unless otherwise provided in the declaration, surplus funds of the...

Sec. 34.08.460. Assessments for common expenses. - (a) Until the association makes a common expense assessment, the...

Sec. 34.08.470. Lien for assessments. - (a) The association has a lien on a unit for...

Sec. 34.08.480. Other liens. - (a) In a condominium or planned community, (1) except as...

Sec. 34.08.490. Association records. - (a) The association shall keep financial records sufficiently detailed to...

Sec. 34.08.500. Association as trustee. - If a third person deals with the association in the...

Article 4. Protection of Purchasers.

Sec. 34.08.510. Applicability. - (a) The provisions of AS 34.08.510 - 34.08.700 apply to...

Sec. 34.08.520. Liability for public offering statement requirements. - (a) Except as provided in (b) of this section, a...

Sec. 34.08.530. Public offering statements generally. - (a) Except as provided in (b) of this section, a...

Sec. 34.08.540. Common interest communities subject to development rights. - If the declaration provides that a common interest community is...

Sec. 34.08.550. Time shares. - If the declaration provides that ownership or occupancy of a...

Sec. 34.08.560. Common interest communities containing conversion property. - (a) The public offering statement of a common interest community...

Sec. 34.08.570. Common interest community securities. - If an interest in a common interest community is currently...

Sec. 34.08.580. Purchaser's right to cancel. - (a) A person required to deliver a public offering statement...

Sec. 34.08.590. Resales of units. - (a) Except for a sale in which delivery of a...

Sec. 34.08.600. Escrow of deposits. - A deposit made in connection with the purchase or reservation...

Sec. 34.08.610. Release of liens. - (a) In a sale of a unit where delivery of...

Sec. 34.08.620. Conversion property. - (a) A declarant of a common interest community containing conversion...

Sec. 34.08.630. Express warranties of quality. - (a) An express warranty made by a seller to a...

Sec. 34.08.640. Implied warranties of quality. - (a) A declarant and a dealer warrant that a unit...

Sec. 34.08.650. Exclusion or modification of implied warranties of quality. - (a) Except as limited by (b) of this section with...

Sec. 34.08.660. Statute of limitations for warranties. - (a) A judicial proceeding for breach of an obligation arising...

Sec. 34.08.670. Effect of violations on rights of action. - If a declarant or any other person subject to this...

Sec. 34.08.680. Labeling of promotional material. - Promotional material may not be displayed or delivered to a...

Sec. 34.08.690. Declarant's obligation to complete and restore. - (a) Except for an improvement labeled “NEED NOT BE BUILT,”...

Sec. 34.08.700. Substantial completion of units. - In the sale of a unit for which delivery of...

Article 5. General Provisions.

Sec. 34.08.710. Variation by agreement. - Except as expressly provided in this chapter the provisions of...

Sec. 34.08.720. Separate titles and taxation. - (a) In a cooperative, the interest of a unit owner...

Sec. 34.08.730. Applicability of local ordinances, regulations, and building codes. - (a) A building code may not impose a requirement upon...

Sec. 34.08.740. Eminent domain. - (a) If a unit is acquired by eminent domain or...

Sec. 34.08.750. Supplemental general principles of law applicable. - The principles of law and equity, including the law of...

Sec. 34.08.760. Construction against implicit repeal. - This chapter is a general act intended as a unified...

Sec. 34.08.770. Uniformity of application and construction. - This chapter shall be applied and construed so as to...

Sec. 34.08.780. Severability. - If a provision of this chapter or its application to...

Sec. 34.08.790. Unconscionable agreement or term of contract. - (a) Upon finding as a matter of law that a...

Sec. 34.08.800. Obligation of good faith. - A contract or duty governed by this chapter imposes an...

Sec. 34.08.810. Remedies to be liberally administered. - (a) The remedies provided by this chapter shall be liberally...

Sec. 34.08.820. Adjustment of dollar amounts. - (a) The dollar amounts specified in AS 34.08.030 and 34.08.510(b)(7)...

Sec. 34.08.830. Transfer of unit in a cooperative. - If a unit in a cooperative is owned by a...

Sec. 34.08.990. Definitions. - In this chapter, (1) “affiliate of a declarant” (A) means...

Sec. 34.08.995. Short title. - This Act may be cited as the Uniform Common Interest...

Chapter 15. Conveyances

Article 1. Form and Effect.

Sec. 34.15.010. Manner of executing conveyances. - (a) A conveyance of land, or of an estate or...

Sec. 34.15.015. Use of recorded master form. - If reference is made in a document to a recorded...

Sec. 34.15.030. Form of warranty deed. - (a) A warranty deed for the conveyance of land may...

Sec. 34.15.040. Form of quitclaim deed. - (a) A quitclaim deed may be substantially in the following...

Sec. 34.15.050. Effect of quitclaim. - A deed of quitclaim and release for the form in...

Sec. 34.15.060. Passage of fee. - The term “heirs” or other words of inheritance are not...

Sec. 34.15.070. Passage of grantor's entire estate. - (a) A conveyance of real estate passes all the real...

Sec. 34.15.075. Receipt of after-acquired title or interest. - (a) In addition to any estate passed by the grantor...

Sec. 34.15.080. Covenants not implied. - No covenant is implied in a conveyance of real estate,...

Sec. 34.15.090. Covenant not implied in mortgage. - A mortgage may not be construed as implying a covenant...

Sec. 34.15.100. Conveyance of lands held adversely. - A grant or conveyance of land or interest in land...

Sec. 34.15.105. Transfer fee covenants prohibited. - (a) A document that conveys real estate may not include...

Sec. 34.15.110. Conveyances construed as creating tenancy in common. - (a) A conveyance or devise of land or an interest...

Sec. 34.15.120. Remedy of tenant in common. - A tenant in common may maintain an action against a...

Sec. 34.15.130. Joint tenancy abolished. - Joint tenancy, with the exception of interests in personalty and...

Sec. 34.15.140. Tenancy by the entirety. - (a) The right to hold an estate in land as...

Sec. 34.15.145. Solar easement. - (a) An easement obtained for the purpose of protecting the...

Article 2. Acknowledgment and Proof.

Sec. 34.15.150. Execution of conveyances. - (a) A conveyance executed in the state of land or...

Sec. 34.15.160. Conveyances executed outside the state. - If a conveyance is executed in a state, territory, or...

Sec. 34.15.180. Execution and acknowledgment of conveyance in foreign country. - If a conveyance is executed in a foreign country it...

Sec. 34.15.210. Proof by subscribing witness. - (a) Proof of the execution of a conveyance may be...

Sec. 34.15.220. Proof of conveyance by handwriting. - When a grantor is dead, out of the state, or...

Sec. 34.15.230. Subpoena of witness. - An officer authorized to take an acknowledgment or proof of...

Sec. 34.15.240. Penalty for refusal to appear or testify. - A person served with a subpoena described in AS 34.15.230...

Sec. 34.15.250. Endorsement by officer. - An officer taking the proof of a conveyance shall certify...

Chapter 17. Conservation and Public Recreational Use Easements

Article 1. Uniform Conservation Easement Act.

Sec. 34.17.010. Creation, conveyance, acceptance, and duration. - (a) Except as otherwise provided in AS 34.17.010 - 34.17.060,...

Sec. 34.17.020. Judicial actions. - (a) An action affecting a conservation easement may be brought...

Sec. 34.17.030. Validity. - A conservation easement is valid even though (1) it is...

Sec. 34.17.040. Applicability. - (a) AS 34.17.010 - 34.17.060 apply to an interest created...

Sec. 34.17.050. Uniformity of application and construction. - This chapter shall be applied and construed to effectuate its...

Sec. 34.17.055. Tort immunity from personal injuries or death arising out of the use of land subject to a conservation easement. - (a) In addition to the immunity provided by AS 09.65.200,...

Sec. 34.17.060. Definitions. - In AS 34.17.010 - 34.17.060, (1) “conservation easement” means a...

Article 2. Public Recreational Use Easements.

Sec. 34.17.100. Public recreational use easements. - (a) A public recreational use easement may be created for...

Chapter 20. Mortgages and Trust Deeds

Article 1. Mortgages.

Sec. 34.20.010. Recording assignment of mortgage. - The recording of the assignment of a mortgage is not...

Sec. 34.20.030. Recording of discharge upon certificate of mortgagee. - A mortgage may be discharged upon the record of the...

Sec. 34.20.040. Recording certificate. - A certificate of discharge provided for in AS 34.20.030 and...

Sec. 34.20.050. Penalty for failure to discharge mortgage or execute certificate. - If a mortgagee, or personal representatives, successors in interest or...

Sec. 34.20.060. Definition. - In AS 34.20.010 - 34.20.060, “conveyance” includes every instrument in...

Article 2. Deeds of Trust.

Sec. 34.20.070. Sale by trustee. - (a) If a deed of trust is executed conveying real...

Sec. 34.20.080. Sale at public auction. - (a) The sale authorized in AS 34.20.070 shall be made...

Sec. 34.20.090. Title, interest, possessory rights, and redemption. - (a) The sale and conveyance transfers all title and interest...

Sec. 34.20.100. Deficiency judgment prohibited. - When a sale is made by a trustee under a...

Sec. 34.20.110. Trust deeds recorded as mortgages. - For the purposes of record, a deed of trust, given...

Sec. 34.20.115. Procedure for reconveyance. - (a) Unless the beneficiary has requested that a title insurance...

Sec. 34.20.120. Substitution of trustee. - (a) The trustee under a trust deed upon real property...

Sec. 34.20.125. Trustee bond required. - (a) Before performing the duties of a trustee under AS...

Sec. 34.20.130. Recording assignment, subordination, or waiver. - (a) The following instruments may be recorded: (1) an assignment...

Sec. 34.20.135. Definition. - In AS 34.20.070 - 34.20.130, “real property” or “property” includes...

Article 3. Miscellaneous Provisions.

Sec. 34.20.140. Recording memorandum extending lien. - Where the payment of an existing contract (a bill of...

Sec. 34.20.150. Maturity of lien. - (a) The date of maturity of an instrument creating a...

Sec. 34.20.160. Notice of other remedies. - (a) When a lender uses a note as evidence of...

Chapter 25. Validation of Formal Defects

Sec. 34.25.010. Validation of defective acknowledgments. - A defective and informal acknowledgment of a deed, contract, lease,...

Sec. 34.25.020. Adverse title not affected. - This chapter is not intended to interfere with vested rights...

Sec. 34.25.030. Validation of defective instruments and use as evidence. - (a) A deed, contract, lease, power of attorney, mortgage, or...

Sec. 34.25.040. Deeds on judicial sales. - (a) A judicial sale of real property is valid and...

Sec. 34.25.050. Sale and deed of executor, administrator, and guardian validated. - (a) A sale of real property heretofore or hereafter made...

Sec. 34.25.055. Conveyances to or from trusts. - (a) A person, including a trustee, may convey real property...

Sec. 34.25.060. Record of the deed as evidence. - When the deed is executed and recorded in the deed...

Sec. 34.25.070. Validation of sales and action to quiet title. - (a) A sale of real estate by an administrator or...

Sec. 34.25.080. Tax deeds validated. - (a) A sale of real property is valid and sufficient...

Sec. 34.25.090. Definition. - In this chapter “conveyance” includes every instrument in writing by...

Chapter 27. Modification or Abolition of Common Law Property Rules

Article 1. Miscellaneous Common Law Rules Abolished.

Sec. 34.27.020. Abolition of the common law rule in Shelley's case. - If real property is granted or devised to a person...

Sec. 34.27.030. Abolition of the common law destructibility of contingent remainders. - A contingent remainder is not defeated by the termination of...

Article 2. Rules Against Perpetuities.

Sec. 34.27.051. Statutory rule against perpetuities. - (a) A general or nongeneral power of appointment not presently...

Sec. 34.27.053. Savings provision. - A property interest that, under AS 34.27.051, becomes invalid shall,...

Sec. 34.27.070. Application. - (a) Except as extended by (b) of this section, the...

Sec. 34.27.075. Relationship to common law rule. - AS 34.27.051 - 34.27.100 supersede the rule of the common...

Sec. 34.27.100. Suspension of the power of alienation. - (a) A future interest or trust is void if, as...

Chapter 35. Liens

Article 1. Foreclosure.

Sec. 34.35.005. Action for foreclosure. - (a) When an action is required to enforce a lien...

Sec. 34.35.010. Joinder of claimants in lien statement. - Any number of persons who claim liens under AS 34.35.005...

Sec. 34.35.015. Joinder in foreclosure suit. - Any number of persons who claim liens against the same...

Sec. 34.35.020. Sufficiency in lien notice or pleadings. - (a) A mistake in formality or lack of statement in...

Sec. 34.35.025. Parties to foreclosure. - In an action to foreclose a lien created by AS...

Sec. 34.35.030. Lien claim against different properties. - If a lien claim is filed for the same labor...

Sec. 34.35.035. Several judgment for each claimant. - In an action to enforce a lien judgment shall be...

Sec. 34.35.045. Lienor's action on contract. - Except as otherwise expressly provided, nothing in AS 34.35.005 -...

Article 2. Mechanics and Materialmen.

Sec. 34.35.050. Lien for labor or materials furnished. - A person has a lien, only to the extent provided...

Sec. 34.35.055. Land subject to lien. - (a) The land upon which a building or other improvement...

Sec. 34.35.060. Priorities. - (a) Except as provided in (c) of this section, an...

Sec. 34.35.062. Construction financing. - (a) A claimant to whom payment for the labor, material,...

Sec. 34.35.064. Notice of right to lien. - (a) Before furnishing labor, material, service, or equipment for a...

Sec. 34.35.065. Notice of nonresponsibility. - (a) A building or improvement mentioned in AS 34.35.050 constructed...

Sec. 34.35.067. Recording notice of right to lien. - A notice of right to lien may be recorded by...

Sec. 34.35.068. Time periods for claiming liens. - (a) If a notice of completion is not recorded by...

Sec. 34.35.070. Claim of lien. - (a) A claimant may record a claim of lien after...

Sec. 34.35.071. Notice of completion. - (a) The owner of real property that may be subject...

Sec. 34.35.072. Bond. - If the owner of the property sought to be charged...

Sec. 34.35.074. Civil suits. - (a) A person injured by a violation of AS 34.35.050...

Sec. 34.35.075. Record and index of claim. - The recorder shall record the claim in a book kept...

Sec. 34.35.080. Duration of lien. - (a) A lien provided for in AS 34.35.050 - 34.35.120...

Sec. 34.35.085. Lien for improving lot or street. - A person who, at the request of the owner of...

Sec. 34.35.090. Payment to contractor. - A payment by the owner of a building or structure...

Sec. 34.35.095. Amount of lien. - (a) Except as provided in (c) of this section, a...

Sec. 34.35.100. Action against contractor on lien. - (a) Where a lien is recorded under AS 34.35.050 -...

Sec. 34.35.105. Materials not subject to process. - When a mechanic, artisan, machinist, builder, lumber merchant, contractor, laborer,...

Sec. 34.35.110. Actions to enforce liens. - (a) An action to enforce a lien created by AS...

Sec. 34.35.112. Payment of claimant's liens. - (a) If more than one lien created under AS 34.35.050...

Sec. 34.35.114. Obligation of claimant and lender to provide information. - (a) A prime contractor, on request, shall provide the following...

Sec. 34.35.115. Persons considered agent of owner. - Every contractor, subcontractor, architect, builder, or other person having charge...

Sec. 34.35.117. Waiver of lien rights. - (a) Except as provided under (b) of this section, a...

Sec. 34.35.119. Waiver of liens on unsold common interest community units. - (a) A lien created under AS 34.35.050 - 34.35.120 arising...

Sec. 34.35.120. Definitions. - In AS 34.35.050 - 34.35.120, (1) “building or other improvement,”...

Article 3. Mines and Wells.

Sec. 34.35.125. Liens on mines and oil wells. - A person who, at the instance of the owner, performs...

Sec. 34.35.130. Lien on mill or machine. - A person who, at the instance of the owner, performs...

Sec. 34.35.135. Priority. - A lien under AS 34.35.125 and 34.35.130 is a preferred...

Sec. 34.35.140. Lien on dump or mass of mineral. - (a) A person who, at the instance of another who...

Sec. 34.35.145. Extent of liens. - Liens under AS 34.35.125, 34.35.130, and 34.35.140 are security for...

Sec. 34.35.150. Labor deemed performed at instance of owner, mortgagee, or lien claimant. - (a) When the work mentioned in AS 34.35.125, 34.35.130, and...

Sec. 34.35.155. Liens not exclusive. - (a) Liens under AS 34.35.125 - 34.35.170 are not exclusive...

Sec. 34.35.160. Claim of lien. - (a) A person who claims the benefit of AS 34.35.125...

Sec. 34.35.165. Duration of lien. - (a) A lien under AS 34.35.125 - 34.35.170 does not...

Sec. 34.35.170. Definitions. - (a) In AS 34.35.125 - 34.35.170, (1) “dump” or “mass”...

Article 4. Improvement of Chattels.

Sec. 34.35.175. Improvement lien on personal property. - (a) A person who makes, alters, repairs, or labors upon...

Sec. 34.35.180. Chattel lien; surrender of possession. - A person who expends labor, skill, or materials upon a...

Sec. 34.35.185. Lien notice. - (a) The lien claimant shall, before delivery of the chattel...

Sec. 34.35.190. Duty of recorder. - Upon the presentation of the notice to the recorder, the...

Sec. 34.35.195. Persons considered owner of chattel. - The following persons are considered the owner of a chattel,...

Sec. 34.35.200. Priority. - A lien under AS 34.35.180, when recorded in accordance with...

Sec. 34.35.205. Duration of lien. - (a) A lien does not bind a property for more...

Sec. 34.35.210. Release or discharge of lien. - A lien under AS 34.35.175 - 34.35.215 may be released...

Sec. 34.35.215. Penalty for refusal to discharge lien. - A person who refuses to discharge a lien after the...

Article 5. Transportation, Storage, and Agistment.

Sec. 34.35.220. Persons entitled to carrier, warehouse, and livestock liens. - The following persons have liens on personal property for their...

Sec. 34.35.225. Sale to enforce lien. - (a) If just and reasonable charges are not paid within...

Article 6. Timber and Lumber.

Sec. 34.35.230. Construction. - The purpose of AS 34.35.230 - 34.35.315 is remedial to...

Sec. 34.35.235. Persons entitled to timber lien. - (a) The following persons shall have liens upon timber for...

Sec. 34.35.240. Lien claim. - (a) A person who claims a lien under AS 34.35.235...

Sec. 34.35.245. Landowner's lien for timber. - A person who permits another to go upon the person's...

Sec. 34.35.250. Landowner's lien claim. - (a) A person who claims a lien under AS 34.35.245...

Sec. 34.35.255. Priority. - (a) Liens under AS 34.35.230 - 34.35.315 are preferred liens...

Sec. 34.35.260. Duration of lien. - (a) A lien under AS 34.35.230 - 34.35.315 does not...

Sec. 34.35.265. Enforcement of lien against manufactured product. - (a) The lien provided for saw logs and shingle bolts...

Sec. 34.35.270. Commissioner of public safety as receiver. - (a) The commissioner of public safety or a peace officer...

Sec. 34.35.275. Bona fide purchasers. - The court shall conclusively presume that a party purchasing the...

Sec. 34.35.280. Enforceability. - (a) The following persons may demand that a lien under...

Sec. 34.35.285. Contractor's lien. - A person who, as a contractor, supplies lumber under a...

Sec. 34.35.290. Order of sale before judgment. - (a) The court or judge may in vacation, upon motion...

Sec. 34.35.295. Liability for injuring property or destroying identity. - (a) A person who eloigns, injures, or destroys or who...

Sec. 34.35.300. Lien for manufacturing. - (a) A person who performs work or assists in manufacturing...

Sec. 34.35.305. Manufacturing lien claim. - (a) A person who desires to claim the benefit of...

Sec. 34.35.310. Release upon filing bond. - (a) After a lien attaches to property mentioned in AS...

Sec. 34.35.315. Definitions. - In AS 34.35.230 - 34.35.315, (1) “lumber” includes timber, or...

Article 7. Fish Packers and Processors.

Sec. 34.35.320. Packer's and processor's lien. - (a) A person who contributes to the preparation of fish...

Sec. 34.35.325. Time limit. - The person performing the service or doing the work or...

Sec. 34.35.330. Lien claim. - (a) A person who claims the benefit of AS 34.35.320...

Sec. 34.35.335. Extent of lien. - A lien under AS 34.35.320 - 34.35.390 binds all the...

Sec. 34.35.340. Priority. - (a) A lien under AS 34.35.320 - 34.35.390 is preferred,...

Sec. 34.35.345. Duration of lien. - (a) A lien under AS 34.35.320 - 34.35.390 does not...

Sec. 34.35.350. Commissioner of public safety as receiver. - (a) The commissioner of public safety or a peace officer...

Sec. 34.35.355. Bona fide purchasers. - The court shall conclusively presume that a party who purchases...

Sec. 34.35.360. Enforcement against whole or part of property. - (a) A person who brings a suit to enforce the...

Sec. 34.35.365. Property to be sold before judgment. - When it appears, during the term or in vacation, that...

Sec. 34.35.370. Liability for injuring property or destroying identity. - (a) A person who eloigns, injures, or destroys, or who...

Sec. 34.35.375. Release upon filing bond. - (a) After a lien attaches upon property mentioned in AS...

Sec. 34.35.380. Misdemeanor to remove lien property from state. - A person who removes or has removed from the state...

Sec. 34.35.385. Embezzlement of lien property. - (a) A person who sells or otherwise disposes of fish...

Sec. 34.35.390. Written statements to employees. - (a) When a person employs another to work at a...

Article 8. Fishermen's Lien.

Sec. 34.35.391. Fishermen's lien. - (a) A person who sells fish to a fish processor...

Article 9. Watchmen.

Sec. 34.35.395. Watchman's lien. - A person employed as watchman for real or personal property...

Sec. 34.35.400. Services or work covered by lien. - The person performing the services or doing the work named...

Sec. 34.35.405. Lien claim. - (a) A person who claims a lien under AS 34.35.395...

Sec. 34.35.410. Recording and indexing claim. - (a) The recorder shall record the lien claim in a...

Sec. 34.35.415. Duration of lien. - (a) A lien under AS 34.35.395 - 34.35.425 does not...

Sec. 34.35.420. Extent of lien. - The lien provided in AS 34.35.395 - 34.35.425 binds all...

Sec. 34.35.425. Priority. - (a) A lien under AS 34.35.395 - 34.35.425 is preferred,...

Article 10. Attorneys.

Sec. 34.35.430. Attorney's lien. - (a) An attorney has a lien for compensation, whether specially...

Article 11. Wages.

Sec. 34.35.435. Lien for wages. - When a clerk, accountant, bookkeeper, waiter, waitress, cook, maid, porter,...

Sec. 34.35.440. Fixing the lien. - (a) When a person or an agent, receiver, or trustee...

Sec. 34.35.445. Duration of lien. - (a) The lien created by AS 34.35.435 - 34.35.445 is...

Article 12. Hospitals, Physicians, and Nurses.

Sec. 34.35.450. Hospital's, physician's, and nurse's lien. - (a) An operator of a hospital in the state, a...

Sec. 34.35.455. Limitation on extent of lien. - Except as otherwise provided, a lien under AS 34.35.450 -...

Sec. 34.35.460. Notice of lien. - (a) To perfect the lien described in AS 34.35.450 -...

Sec. 34.35.465. Form of notice. - The form of notice required by AS 34.35.450 - 34.35.480...

Sec. 34.35.475. Settlement after notice. - (a) A person or insurer is liable to a hospital,...

Sec. 34.35.480. Enforcement of lien. - (a) A lien under AS 34.35.450 - 34.35.480 may be...

Sec. 34.35.481. Priority of liens. - A lien perfected by the Department of Health under AS...

Sec. 34.35.482. Definition. - In AS 34.35.450 - 34.35.482, “physician” means a person licensed...

Article 13. Hotels and Boardinghouses.

Sec. 34.35.510. Hotel and boardinghouse operator's liens. - The operator of a hotel or boardinghouse has a lien...

Sec. 34.35.520. Disposition of property to satisfy liens. - (a) If a lien under AS 34.35.510 is not satisfied...

Sec. 34.35.530. Definitions. - In AS 34.35.510 - 34.35.530, (1) “guest” includes every person...

Article 14. Miscellaneous Provisions.

Sec. 34.35.900. Acknowledgment of satisfaction. - (a) When a lien is satisfied by payment, an acknowledgment...

Sec. 34.35.910. Employment considered continuous. - (a) The fact that a lien claimant is employed at...

Sec. 34.35.920. Waiver of lien. - Except as provided under AS 34.35.117 and 34.35.119, an agreement...

Sec. 34.35.930. Liberal construction of chapter. - The intent of this chapter is remedial and its provisions...

Sec. 34.35.950. Nonconsensual common law liens. - (a) A nonconsensual common law lien is invalid unless the...

Chapter 40. Fraudulent Transfers, Revocations, and Trusts

Sec. 34.40.010. Invalidity generally. - Except as provided in AS 34.40.110, a conveyance or assignment,...

Sec. 34.40.020. Invalidity as against purchasers. - A conveyance of an interest in land, or the rents...

Sec. 34.40.030. Purchasers with notice. - A conveyance or charge is not considered fraudulent in favor...

Sec. 34.40.040. Invalidating effect of provision for revocation, determination, or alteration. - A conveyance or charge of or upon an estate or...

Sec. 34.40.050. Conveyance in exercise of power to revoke and reconvey. - Where a power to revoke a conveyance of land, or...

Sec. 34.40.060. Conveyance before accrual of right to execute power of revocation. - If a conveyance to a purchaser under either AS 34.40.040...

Sec. 34.40.070. Requirement of writing for grant or assignment of trust. - A grant or assignment of an existing trust in land,...

Sec. 34.40.080. Invalidity against heirs, successors, representatives, or assigns. - A conveyance, charge, instrument, or proceeding declared by law to...

Sec. 34.40.090. Fraudulent intent question of fact. - The question of fraudulent intent in a case arising under...

Sec. 34.40.100. When title of purchaser for value not affected. - The provisions of AS 34.40.010 and 34.40.070 - 34.40.130 may...

Sec. 34.40.110. Restricting transfers of trust interests. - (a) A person who in writing transfers property in trust...

Sec. 34.40.113. Discretionary interests in irrevocable trusts. - (a) This section applies to a creditor's claim with respect...

Sec. 34.40.115. Subjecting appointed property to claims of donee's creditor. - The property that a donee of a power of appointment...

Sec. 34.40.118. Transfers of individual retirement accounts. - (a) Notwithstanding a provision in AS 09.38.017(d), AS 34.40.110, or...

Sec. 34.40.120. “Land” and “estate and interest in land” defined. - The term “land” as used in this chapter shall be...

Sec. 34.40.130. “Conveyance” defined. - The term “conveyance,” as used in this chapter, shall be...

Chapter 45. Unclaimed Property

Article 1. Consignees and Bailees.

Sec. 34.45.010. Record of consignee or bailee. - When personal property is consigned to or deposited with a...

Sec. 34.45.020. Consignee's or bailee's notice to owner. - If the property is not left with the consignee or...

Sec. 34.45.030. Sale. - If property held by a person described in AS 34.45.010...

Sec. 34.45.040. Presale inventory and notice. - (a) Before the property is sold, the person in possession...

Sec. 34.45.050. Order of sale. - (a) If the owner or person entitled to the possession...

Sec. 34.45.060. Sale at public auction. - (a) The peace officer shall sell the property at public...

Sec. 34.45.070. Proceeds of sale. - (a) The peace officer, upon completion of the sale of...

Sec. 34.45.080. Sale of perishable property. - (a) Property of a perishable nature and subject to decay...

Sec. 34.45.085. Definition. - In AS 34.45.010 and 34.45.020, “property” does not include property...

Article 2. Personal Property Presumed Abandoned; General Rules.

Sec. 34.45.110. General rule for property presumed abandoned. - (a) Except as otherwise provided in AS 34.45.120 - 34.45.780,...

Sec. 34.45.120. General rules for taking custody of unclaimed intangible property. - Unless otherwise provided in this chapter or by another statute...

Article 3. Conditions Leading to Presumption of Aban- donment of Particular Types of Personal Property.

Sec. 34.45.140. Traveler's checks and money orders. - (a) Subject to (d) of this section, money payable on...

Sec. 34.45.150. Checks, drafts, and similar instruments issued or certified by banking and financial organizations. - (a) Other than money payable on an instrument that is...

Sec. 34.45.160. Bank deposits and money in financial organizations. - (a) A demand, savings, or matured time deposit with a...

Sec. 34.45.170. Money owing under life insurance policies. - (a) Money held or owing under a life or endowment...

Sec. 34.45.175. Certain property distributed in insurance company reorganizations. - (a) The following property distributable in the course of a...

Sec. 34.45.180. Deposits held by utilities. - A deposit, including interest on the deposit, made by a...

Sec. 34.45.190. Refunds held by business associations. - Except to the extent otherwise ordered by a court or...

Sec. 34.45.200. Stock and other intangible interests in business associations. - (a) Stock or other equity interest in a business association...

Sec. 34.45.210. Property of business associations held in course of dissolution. - Intangible property distributable in the course of a dissolution of...

Sec. 34.45.220. Property held by agents and fiduciaries. - (a) Intangible property and income or increment derived from the...

Sec. 34.45.230. Property held by courts and public agencies. - Except as provided by AS 34.45.720(d), intangible property held for...

Sec. 34.45.240. Gift certificates and credit memos. - (a) A gift certificate or a credit memo, issued in...

Sec. 34.45.250. Wages. - Unpaid wages, including wages represented by unpresented payroll checks, owing...

Sec. 34.45.260. Contents of safe deposit box or other safekeeping repository. - All tangible and intangible personal property held in a safe...

Sec. 34.45.270. Burden of proof as to property evidenced by record of check, draft, or similar instrument. - A record of the issuance of a check, draft, or...

Article 4. Reporting and Disposition of Personal Property.

Sec. 34.45.280. Report of abandoned personal property. - (a) A person holding personal property, tangible or intangible, presumed...

Sec. 34.45.290. Requests for reports and examination of records. - (a) The department may require a person who has not...

Sec. 34.45.300. Retention of records. - (a) Except as otherwise provided in (b) of this section,...

Sec. 34.45.310. Notice and publication of lists of unclaimed property. - (a) The department shall notify apparent owners of unclaimed property...

Sec. 34.45.320. Payment or delivery of abandoned property. - (a) Except as otherwise provided in (b) of this section,...

Sec. 34.45.330. Custody by state. - (a) Upon the payment or delivery of property to the...

Sec. 34.45.340. Crediting of dividends, interest, or increments to owner's account. - Except as provided under AS 34.45.360(d) for appreciation of securities,...

Article 5. Administration of Abandoned Property.

Sec. 34.45.360. Public sale of abandoned property. - (a) Except as provided in (c) and (d) of this...

Sec. 34.45.370. Deposit of money and accounting. - (a) Except as otherwise provided by this section, the department...

Sec. 34.45.380. Filing of claim with department. - (a) A person, excluding another state, claiming an interest in...

Sec. 34.45.390. Claim of another state to recover property. - (a) After personal property has been paid or delivered to...

Sec. 34.45.400. Action to establish claim. - (a) A person aggrieved by a decision or action of...

Sec. 34.45.410. Election to take delivery. - (a) The department may decline to receive property reported under...

Sec. 34.45.420. Destruction or disposition of property having insubstantial commercial value. - If the department determines after investigation that property delivered under...

Sec. 34.45.430. Periods of limitation. - The expiration, before or after September 7, 1986, of a...

Article 6. Enforcement and Penalties.

Sec. 34.45.450. Enforcement. - The department may bring an action in a court of...

Sec. 34.45.460. Interstate agreements and cooperation. - (a) The department may enter into agreements with other states...

Sec. 34.45.470. Interest and penalties. - (a) A person who fails to pay or deliver property...

Article 7. General Provisions.

Sec. 34.45.700. Agreement to locate reported property. - (a) An agreement to pay compensation to locate, deliver, recover,...

Sec. 34.45.710. Foreign transactions. - AS 34.45.110 - 34.45.780 do not apply to property held,...

Sec. 34.45.720. Application; exceptions. - (a) AS 34.45.110 - 34.45.780 do not relieve a holder...

Sec. 34.45.730. Regulations. - The department shall adopt regulations necessary to carry out the...

Sec. 34.45.740. Uniformity of application and construction. - AS 34.45.110 - 34.45.780 shall be applied and construed so...

Sec. 34.45.750. Report by department upon failure to make report or making false report. - If a person fails to submit a report as required...

Sec. 34.45.760. Definitions. - In AS 34.45.110 - 34.45.780, unless the context requires otherwise,...

Sec. 34.45.780. Short title. - AS 34.45.110 - 34.45.780 may be cited as the Uniform...

Chapter 50. Actions for Injuries to Property Interests

Sec. 34.50.010. Action for injury to the inheritance. - A person seized of an estate in remainder or reversion...

Chapter 55. Uniform Land Sales Practices Act

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Alaska Statutes Title 34. Property

Alaska Statutes
Title 34. Property