Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.15.010 Manner of executing conveyances.
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(a) A conveyance of land, or of an estate or interest in land, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, who is of lawful age, or by the lawful agent or attorney of the person, and acknowledged or proved, and record…
AS 34.15.015 Use of recorded master form.
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If reference is made in a document to a recorded master form, a copy of the form, or so much of it as is incorporated by reference, must be provided to each party to the transaction by the party that furnished the document.
AS 34.15.020 Conveyance by nonresident married woman. [Repealed, § 103 ch 127 SLA 1974.]
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[Repealed or reserved.]
AS 34.15.030 Form of warranty deed.
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(a) A warranty deed for the conveyance of land may be substantially in the following form, without express covenants: “The grantor (here insert the name or names and place of residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to …
AS 34.15.040 Form of quitclaim deed.
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(a) A quitclaim deed may be substantially in the following form: “The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest which I (we) …
AS 34.15.050 Effect of quitclaim.
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A deed of quitclaim and release for the form in common use is sufficient to pass all the real estate which the grantor can convey by a deed of bargain and sale.
AS 34.15.060 Passage of fee.
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The term “heirs” or other words of inheritance are not necessary to create or convey an estate in fee simple.
AS 34.15.070 Passage of grantor's entire estate.
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(a) A conveyance of real estate passes all the real estate of the grantor, unless the intent to pass a less estate appears by express terms or is necessarily implied in the terms of the grant. (b) A conveyance by a tenant for life or years purporting to grant a greater estate tha…
AS 34.15.075 Receipt of after-acquired title or interest.
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(a) In addition to any estate passed by the grantor under AS 34.15.070, whenever a person purports by a warranty deed, or, for Alaska Native Claims Settlement Act real property, a quitclaim deed, to grant real property in fee or in fee simple to a grantee and subsequently acquire…
AS 34.15.080 Covenants not implied.
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No covenant is implied in a conveyance of real estate, whether the conveyance contains special covenants or not.
AS 34.15.090 Covenant not implied in mortgage.
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A mortgage may not be construed as implying a covenant for the payment of the sum intended to be secured by the mortgage. When there is no express covenant for payment contained in the mortgage, and no bond or other separate instrument to secure payment is given, the remedies of …
AS 34.15.100 Conveyance of lands held adversely.
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A grant or conveyance of land or interest in land is not void because at the time of the execution the land is in the actual possession of another claiming adversely.
AS 34.15.105 Transfer fee covenants prohibited.
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(a) A document that conveys real estate may not include a provision that requires a subsequent grantee or grantor to pay a transfer fee to convey the real estate, except a document that conveys real estate may include a provision that requires a transfer fee if the fee is (1) a l…
AS 34.15.110 Conveyances construed as creating tenancy in common.
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(a) A conveyance or devise of land or an interest in land made to two or more persons, other than to executors and trustees, as such, shall be construed to create a tenancy in common in the estate, except as provided in (b) of this section and AS 34.77.100. (b) A husband and wife…
AS 34.15.120 Remedy of tenant in common.
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A tenant in common may maintain an action against a cotenant for receiving more than the fair share of the rents and profits of the estates owned by them in common.
AS 34.15.130 Joint tenancy abolished.
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Joint tenancy, with the exception of interests in personalty and tenancy by the entirety, is abolished. Except as provided in AS 34.15.110(b) and AS 34.77.100, persons having an undivided interest in real property are considered tenants in common.
AS 34.15.140 Tenancy by the entirety.
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(a) The right to hold an estate in land as tenants by the entirety, with the right of survivorship, is recognized. (b) [Repealed, § 91 ch 6 SLA 1984.] (c) The right of a spouse to convey to self and the other spouse as tenants by the entirety, or as tenants in common, is confirme…
AS 34.15.145 Solar easement.
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Article 2. Acknowledgment and Proof. (a) An easement obtained for the purpose of protecting the exposure of property to the direct rays of the sun must be created in writing and is subject to the recording requirements for other conveyances of real property. (b) An instrument cre…
AS 34.15.150 Execution of conveyances.
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(a) A conveyance executed in the state of land or an interest in land in the state shall be acknowledged before a person authorized to take acknowledgments in AS 09.63.010 or proved in accordance with AS 34.15.210 or 34.15.220. The officer taking an acknowledgment shall endorse o…
AS 34.15.160 Conveyances executed outside the state.
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If a conveyance is executed in a state, territory, or district of the United States, the conveyance may be executed according to the laws of that state, territory, or district, and the execution of the conveyance may be acknowledged under AS 09.63.050 — 09.63.130.
AS 34.15.170 Certificate of acknowledgment. [Repealed, § 6 ch 37 SLA 1981.]
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[Repealed or reserved.]
AS 34.15.180 Execution and acknowledgment of conveyance in foreign country.
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If a conveyance is executed in a foreign country it may be executed according to the laws of that country and the execution of it acknowledged under AS 09.63.050 — 09.63.130.
AS 34.15.190 Secs. 34.15.190 — 34.15.200. Acknowledgment by married person; officer's knowledge of grantor's identity. [Repealed, § 6 ch 37 SLA 1981. For current law see AS 09.63.]
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[Repealed or reserved.]
AS 34.15.210 Proof by subscribing witness.
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(a) Proof of the execution of a conveyance may be made before an officer authorized to take acknowledgment of conveyances, and shall be made by a subscribing witness, who shall state the witness' own place of residence and that the witness knows the person described in and execut…
AS 34.15.220 Proof of conveyance by handwriting.
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When a grantor is dead, out of the state, or refuses to acknowledge the conveyance, and all the subscribing witnesses to the conveyance are also dead or reside out of the state, the conveyance may be proved before the superior court, by proving the handwriting of the grantor and …
AS 34.15.230 Subpoena of witness.
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An officer authorized to take an acknowledgment or proof of conveyance may issue a subpoena requiring a witness to a conveyance to appear and testify before the officer regarding the execution, upon the application of a grantee, or of a person claiming under the grantee, verified…
AS 34.15.240 Penalty for refusal to appear or testify.
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A person served with a subpoena described in AS 34.15.230 who, without reasonable cause, refuses or neglects to appear, or upon appearing refuses to answer upon oath regarding the execution of a deed, shall forfeit to the injured party $100, and may also be committed to jail for …
AS 34.15.250 Endorsement by officer.
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Article 3. Recording. An officer taking the proof of a conveyance shall certify it, sign it, and in the certificate shall set out the things required by this chapter to be done, known, or proved, together with the names of the witnesses examined before the officer, their places o…
AS 34.15.260 Secs. 34.15.260 — 34.15.340. Recording. [Repealed, § 43 ch 161 SLA 1988. For current law, see AS 40.17.]
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[Repealed or reserved.]
AS 34.15.343 [Renumbered as AS 40.17.035.]
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[Repealed or reserved.]
AS 34.15.345 Secs. 34.15.345 , 34.15.350. Recording. [Repealed, § 43 ch 161 SLA 1988. For current law, see AS 40.17.]
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[Repealed or reserved.]