Title 40 — Public Records and Recorders
9 chapters · 82 sections in this title.
AS 40.17.010 Place of recording and access to records.
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(a) The Department of Natural Resources shall provide at each public office designated by the department (1) the documents and indices or alternative document retrieval system of the recording district or districts served by that public office; (2) a machine, device, or system wi…
AS 40.17.020 Recording conveyances.
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(a) A conveyance that is eligible for recording under AS 40.17.030 and 40.17.110 may be offered for recording only in the recording district in which land affected by the conveyance is located. If land affected by the conveyance is located in more than one recording district, an …
AS 40.17.030 Formal requisites for recording.
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(a) Except as provided in (b), (c), and (e) of this section, to be eligible for recording, a document must (1) contain original signatures; original signatures may be provided in electronic form; (2) be legible or capable of being converted into legible form by a machine or devic…
AS 40.17.035 Recording criteria.
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When determining whether a document may be recorded, the recorder may not (1) consider whether the contents of the document are legally sufficient to achieve the purposes of the document; (2) reject a document because the document (A) does not satisfy the current requirements for…
AS 40.17.040 Indexing.
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(a) The recorder shall maintain an index system for recorded documents in the manner prescribed by regulations adopted by the department. The system shall be designed so the public may find documents by location and by names of grantors and grantees, and the system may include ot…
AS 40.17.050 Incorporation of master form.
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A recorded master form, or a numbered paragraph of it, may be incorporated by reference in a recorded document by referring to the form by its recording information and the number of the paragraph to be incorporated. The reference has the same effect as if the master form or the …
AS 40.17.060 Documents executed under former law.
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If a document was executed in accordance with the law in effect at the time the document was executed, the document remains recordable regardless of later amendments to the law changing the manner in which that document is to be executed.
AS 40.17.070 Duties of recorder; time recording is effective.
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(a) The recorder shall promptly record all documents presented that are recordable under AS 40.17.030 and 40.17.110. (b) The recorder shall maintain in the central recording office a daily log and index for recorded documents. (c) As a document is recorded, the recorder shall ind…
AS 40.17.075 Account.
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Under AS 37.05.146(c), fees for services of the recorder collected under this chapter shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.
AS 40.17.080 Effect of recording on title and rights; constructive notice.
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(a) Subject to (c) and (d) of this section, from the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers and holders of …
AS 40.17.090 Conveyances and recorded documents as evidence.
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(a) A conveyance that is acknowledged, proven, or certified under AS 34.15.150 — 34.15.250 is admissible as evidence of the conveyance without further proof. (b) An acknowledged and recorded signed document relating to title to real property creates presumptions with respect to t…
AS 40.17.100 Recording a reconveyance.
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When the parties to a recorded conveyance absolute in its terms intend it to serve only as security for repayment of a debt, the conveyance is absolute as to all persons who rely upon it in good faith and for value before a reconveyance is recorded.
AS 40.17.110 Documents eligible for recording.
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(a) Subject to (b) — (d) of this section, a document that meets the requisites for recording under AS 40.17.030 may be recorded. (b) If the document to be recorded is a conveyance, power of attorney, contract for the sale or purchase of real property, or option for the purchase o…
AS 40.17.120 Recording memorandum of lease.
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(a) Recording a memorandum of lease substantially complying with (b) of this section has the same effect as recording the lease. (b) A memorandum of lease is a document signed by the lessor and lessee and containing a reference to an unrecorded lease, sublease, or agreement to le…
AS 40.17.125 Recording affidavits related to manufactured homes.
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(a) A recorder shall record an affixation affidavit and a severance affidavit if the affidavit meets the requirements for recording under AS 40.17.030 and is offered for recording in the recording district where the real property to which the manufactured home affixed is located.…
AS 40.17.130 Action against recorder and state.
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If the recorder fails to record and index a document properly, the recorder may be compelled to record and index the document properly by an action filed in the superior court.
AS 40.17.140 Application of electronic provisions.
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(a) The provisions of AS 09.80 (Uniform Electronic Transactions Act) apply to this chapter. (b) In applying this chapter, the department shall accept notarial acts performed for remotely located individuals under AS 44.50.075.
AS 40.17.900 Definitions.
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[Repealed or reserved.]