Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 45. Actions Relating to Real Property

Article 1. Quiet Title, Land Boundaries, and Adverse Possession.

Sec. 09.45.010. Action to quiet title. - A person in possession of real property, or a tenant...

Sec. 09.45.015. Land adjoining highway reservation. - (a) A conveyance of land after April 7, 1958, that,...

Sec. 09.45.020. Action to establish boundaries. - When a dispute exists between two or more owners of...

Sec. 09.45.030. Appointment of referees to establish and mark boundaries. - In an action to establish boundaries, the court shall appoint...

Sec. 09.45.040. Oaths and report of referees. - Before entering upon the discharge of their duties, the referees...

Sec. 09.45.050. Court action on the referees' report. - The report may be confirmed unless a party excepts to...

Sec. 09.45.052. Adverse possession. - (a) The uninterrupted adverse notorious possession of real property under...

Article 2. Forcible Entry and Detainer.

Sec. 09.45.060. Prohibition of use of force for entry on realty. - A person may not enter upon any land, tenement, or...

Sec. 09.45.070. Action for forcible entry or detention. - (a) When a forcible entry is made upon a premises,...

Sec. 09.45.090. Unlawful holding by force. - (a) For property to which the provisions of AS 34.03...

Sec. 09.45.100. Notice to quit. - (a) Except where service of written notice is made under...

Sec. 09.45.105. Content of notice to quit. - Notice to quit served upon the tenant or person in...

Sec. 09.45.110. Time when action to recover possession may be brought. - An action for the recovery of the possession of the...

Sec. 09.45.120. Summons and continuance. - Summons in actions for forcible entry and detainer shall be...

Sec. 09.45.130. Action against persons paying rent in advance. - The service of a notice to quit upon a tenant...

Sec. 09.45.135. Action against tenant occupying premises abated as nuisance. - In an action under AS 09.45.060 - 09.45.160 against a...

Sec. 09.45.140. Agricultural tenant. - When the leasing or occupation is for the purpose of...

Sec. 09.45.150. Inquiry into merits of title. - In an action to recover the possession on the land,...

Sec. 09.45.158. Action by nonprofit housing corporation. - A nonprofit housing corporation may designate an officer or employee...

Sec. 09.45.160. Actions for possession of realty. - In an action to recover the possession of real property...

Article 3. Actions Relating to Nonconsensual Common Law Liens.

Sec. 09.45.161. Lien against public servant. - If a nonconsensual common law lien is recorded or filed...

Sec. 09.45.164. Request for release of nonconsensual common law lien. - (a) A person whose real or personal property is subject...

Sec. 09.45.167. Liability of nonconsensual common law lien claimant or grantee. - (a) A person who offers a claim of nonconsensual common...

Sec. 09.45.169. Definitions. - In AS 09.45.161 - 09.45.169, (1) “filed” means the acceptance...

Article 4. Foreclosure of Liens.

Sec. 09.45.170. Judgment on foreclosure of lien. - A person having a lien upon real property, other than...

Sec. 09.45.180. Sale of encumbered property. - The sale of the encumbered property shall be conducted in...

Sec. 09.45.190. Redemption after foreclosure of lien. - Property sold upon a judgment of foreclosure may be redeemed...

Sec. 09.45.200. Effect of action to recover debt. - During or after the pendency of an action for the...

Sec. 09.45.210. Proceedings when debt secured is not all due. - When an action is commenced to foreclose a lien by...

Sec. 09.45.220. Effect of payment before judgment or sale. - If, before a judgment is given, the amount then due,...

Article 5. Nuisances.

Sec. 09.45.230. Action based on private nuisance. - (a) A person may bring a civil action to enjoin...

Sec. 09.45.235. Agricultural operations as private nuisances. - (a) An agricultural facility or an agricultural operation at an...

Sec. 09.45.240. Manner of abatement. - If judgment is in favor of the plaintiff, an order...

Sec. 09.45.250. Order staying issue of warrant. - At any time before the order is made, the defendant...

Sec. 09.45.255. Definition of nuisance. - In AS 09.45.230 - 09.45.255, “nuisance” means a substantial and...

Article 6. Partition.

Sec. 09.45.260. Right of action for partition or sale. - When several persons own real property as tenants in common,...

Sec. 09.45.270. Lien on undivided interest. - Where a lien is on an undivided interest or estate...

Sec. 09.45.280. Determination of rights of parties. - The rights of the several parties may be determined in...

Sec. 09.45.290. Order for partition or sale. - If it appears that the property or a part of...

Sec. 09.45.300. Report of referees. - In making the partition the referees shall divide the property...

Sec. 09.45.310. Effect of judgment. - Upon hearing and confirmation of the report, the court shall...

Sec. 09.45.320. Tenant not affected by judgment. - The judgment and partition may not affect tenants for years...

Sec. 09.45.330. Order of sale. - If it appears by evidence to the satisfaction of the...

Sec. 09.45.340. Estate of life or years. - When a part of the property only is ordered to...

Sec. 09.45.350. Reference to determine liens. - If it appears that there are outstanding liens upon the...

Sec. 09.45.360. Appearance of lienholders before referee. - Persons having outstanding liens shall be notified to appear before...

Sec. 09.45.370. Effect of confirmation of report. - If the report of the referee is confirmed by the...

Sec. 09.45.380. Application of proceeds from sale of encumbered property. - The proceeds of the sale of the encumbered property shall...

Sec. 09.45.390. Lienholder having other securities. - When a party to an action or a person who...

Sec. 09.45.400. Distribution of proceeds of sale. - The proceeds of sale and the securities taken by the...

Sec. 09.45.410. Continuation of action to determine claims to proceeds. - When the proceeds of the sale of a share or...

Sec. 09.45.420. Sale procedure. - All sales of real property made by the referee shall...

Sec. 09.45.430. Credit terms. - In the order of sale, the court shall direct the...

Sec. 09.45.440. Credit security. - Separate mortgages and other securities may be taken for the...

Sec. 09.45.450. Disposal of estate for life or years. - When the estate of a tenant for life or years...

Sec. 09.45.460. Compensation for sale of estate for life or years. - A person entitled to an estate for life or years...

Sec. 09.45.470. Determination of value of estate for life or years sold without consent. - If the consent is not given under AS 09.45.460, before...

Sec. 09.45.480. Rules for determining value. - (a) The proportion of the proceeds of the sale to...

Sec. 09.45.490. Protection of unknown tenants. - If the persons entitled to the estate for life or...

Sec. 09.45.500. Vested or contingent future rights or estate. - In cases of sales in partition, when it appears that...

Sec. 09.45.510. Separate sales of farms or lots. - The terms of sales of property shall be known at...

Sec. 09.45.530. Report of sale. - After the sale of property ordered to be sold, a...

Sec. 09.45.540. Confirmation or vacation of sale. - (a) After the filing of the report, a party entitled...

Sec. 09.45.550. Investment of proceeds belonging to unknown or nonresident owner. - When there are proceeds of a sale belonging to an...

Sec. 09.45.560. Security taken and investments made in name of court clerk. - When the security for the proceeds of sale is taken...

Sec. 09.45.570. Security taken in names of parties when interests ascertained. - When security is taken on a sale and the parties...

Sec. 09.45.580. Duties of clerk in securities and investments. - The clerk in whose name a security is taken or...

Sec. 09.45.590. Compensation for unequal partition. - When it appears that partition cannot be made equal between...

Sec. 09.45.600. Payment to guardian of share of infant. - When the share of an infant is sold, the proceeds...

Sec. 09.45.610. Payment to guardian of share of insane or incompetent person. - The guardian who may be entitled to the custody and...

Sec. 09.45.620. Apportionment of cost of partition. - The costs of partition, including fees or referees and other...

Article 7. Recovery of Possession.

Sec. 09.45.630. Actions for recovery of real property. - A person who has a legal estate in real property...

Sec. 09.45.640. Damages for withholding property and value of improvements as setoff. - When property is recovered from a defendant who, in good...

Sec. 09.45.650. Termination of right to recover property during pendency of action. - Where the plaintiff shows a right to recover at the...

Sec. 09.45.660. Order for survey and measurement of property. - The court in which the action is pending may allow...

Sec. 09.45.670. Effect of alienation by person in possession. - An action for the recovery of the possession of real...

Sec. 09.45.680. Mortgage not a conveyance. - A mortgage of real property is not a conveyance that...

Sec. 09.45.690. Failure to pay rent. - Unless otherwise provided in the lease, a landlord has a...

Sec. 09.45.700. Judgment in actions to recover possession. - The judgment in an action to recover the possession of...

Sec. 09.45.710. Possession when new trial granted. - If the judgment is set aside and a new trial...

Article 8. Trespass.

Sec. 09.45.730. Trespass by cutting or injuring trees or shrubs. - A person who without lawful authority cuts down, girdles, or...

Sec. 09.45.735. Trespass related to geotechnical surveys and mining. - A person who trespasses upon the land of another to...

Article 9. Waste.

Sec. 09.45.740. Right of action for waste. - If a guardian, tenant for life or years, or tenant...

Article 10. Earthslide Relief Act.

Sec. 09.45.800. Prerequisite earthslide changing land boundaries. - If the boundaries of land, owned either by public or...

Sec. 09.45.805. Parties. - (a) An action authorized by AS 09.45.800 - 09.45.880 may...

Sec. 09.45.810. Separate actions as to separate slide areas. - An entity that is a permissible plaintiff under AS 09.45.805,...

Sec. 09.45.815. Complaint. - The complaint must substantially include (1) a statement of the...

Sec. 09.45.820. Publication and posting of notice. - The notice required by Rule 4(e)(4), Alaska Rules of Civil...

Sec. 09.45.825. Procedure applicable. - Except as otherwise provided in AS 09.45.800 - 09.45.880, the...

Sec. 09.45.830. Jurisdiction. - Upon the completion of the service, publication and posting of...

Sec. 09.45.835. Answer. - (a) An answer to the complaint must be served within...

Sec. 09.45.840. Lis pendens. - A party to an action authorized by AS 09.45.800 -...

Sec. 09.45.845. Vacating of streets in whole or in part. - The vacating of streets in whole or in part by...

Sec. 09.45.850. Proof of facts. - In an action of the type authorized in AS 09.45.800...

Sec. 09.45.855. Scope of judgment. - The judgment shall (1) determine the land boundaries of each...

Sec. 09.45.860. Standards for judgment. - In reaching the conclusions called for by AS 09.45.855 the...

Sec. 09.45.865. Effect of judgment. - The judgment shall be conclusive with respect to land boundaries...

Sec. 09.45.870. Recording of judgment. - A certified copy of the judgment shall be recorded, at...

Sec. 09.45.875. Cumulative remedies. - The remedies provided for by AS 09.45.800 - 09.45.880 are...

Sec. 09.45.880. Short title. - AS 09.45.800 - 09.45.880 may be cited as the Earthslide...

Article 11. Action for Dwelling Design, Construction, or Remodeling Claims.

Sec. 09.45.881. Notice of claim. - (a) In an action brought on a claim against a...

Sec. 09.45.882. Written response to notice of claim. - (a) Within 21 days after service of the notice under...

Sec. 09.45.883. Court action allowed if claim disputed or not responded to. - If the construction professional disputes the claim in the notice...

Sec. 09.45.884. Consequence of rejecting inspection or settlement offer. - (a) If the claimant rejects the inspection offer under AS...

Sec. 09.45.885. Consequence of accepting inspection offer. - If a claimant elects to allow the construction professional to...

Sec. 09.45.886. Procedure after inspection. - Within 14 days after completion of an inspection made under...

Sec. 09.45.887. Court action allowed after failure to repair or to settle. - If the construction professional does not respond within the time...

Sec. 09.45.888. Court action allowed if claimant rejects offer. - (a) If the claimant rejects an offer made by the...

Sec. 09.45.889. Unreasonable rejection of offer. - (a) If a claimant unreasonably rejects an offer made under...

Sec. 09.45.890. Acceptance of offer. - (a) To accept an offer of a construction professional to...

Sec. 09.45.891. Presumption of mitigation. - If a claimant fails to allow a construction professional to...

Sec. 09.45.892. Noncompliance assertion prohibited. - Unless there is good cause for the failure, a construction...

Sec. 09.45.893. Notice required in contract. - (a) In order to take advantage of any rights of...

Sec. 09.45.894. Additional construction defects; additional notice of claim required. - A court action for a defect that is discovered after...

Sec. 09.45.895. Limitation on damages; collateral sources. - (a) Except as provided in (c) of this section, in...

Sec. 09.45.896. Exemption. - AS 09.45.881 - 09.45.899 do not apply to claims for...

Sec. 09.45.899. Definitions. - In AS 09.45.881 - 09.45.899, (1) “action” means a civil...

Article 12. Miscellaneous Provisions.

Sec. 09.45.900. Joining unknown heirs as defendants in real property suits. - When the heirs of a deceased person are proper parties...

Sec. 09.45.910. Service on unknown heirs by publication. - Upon presenting an affidavit to the court or judge showing...

Sec. 09.45.920. Unknown claimants in real property suits. - In any action brought to determine an adverse claim, estate,...

Sec. 09.45.930. Rights of unknown heirs and parties served by publication. - All the unknown heirs of deceased persons and all the...

Sec. 09.45.940. Lis pendens. - In an action affecting the title to or the right...

Article 13. General Provisions.

Sec. 09.45.990. Definitions. - In this chapter, (1) “manufactured home” has the meaning given...

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Alaska Statutes Title 9. Code of Civil Procedure Chapter 45. Actions Relating to Real Property

Alaska Statutes
Title 9. Code of Civil Procedure
Chapter 45. Actions Relating to Real Property