Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.35.005 Action for foreclosure.
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(a) When an action is required to enforce a lien provided for in this chapter and the action falls within the monetary jurisdiction of the district court, the action shall be started in the district court in the judicial district in which venue lies. An action that exceeds the mo…
AS 34.35.010 Joinder of claimants in lien statement.
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Any number of persons who claim liens under AS 34.35.005 — 34.35.425 against the same property may join in one statement of lien. The consolidated statement of lien shall be verified by the oath of one or more of the claimants having knowledge of the facts.
AS 34.35.015 Joinder in foreclosure suit.
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Any number of persons who claim liens against the same property may join in the same action, and when separate actions are commenced the court may consolidate them.
AS 34.35.020 Sufficiency in lien notice or pleadings.
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(a) A mistake in formality or lack of statement in the lien notice or the pleadings is not ground for dismissal or unnecessary delay in an action to foreclose a lien. (b) Substantial compliance with the law relating to the contents of the lien notice is considered sufficient, if …
AS 34.35.025 Parties to foreclosure.
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In an action to foreclose a lien created by AS 34.35.005 — 34.35.425, all persons personally liable and all lien holders whose claims have been recorded, and all other persons interested in the matter in controversy or the property sought to be charged with the lien may be made p…
AS 34.35.030 Lien claim against different properties.
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If a lien claim is filed for the same labor against two separate kinds of property owned or claimed by different persons, the court shall determine the liability of each kind of property and designate which shall be sold first to discharge the amount of the lien claim.
AS 34.35.035 Several judgment for each claimant.
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In an action to enforce a lien judgment shall be given in favor of each person having a lien for the amount due the person, and the court shall order property subject to the lien to be sold by the peace officer in the same manner that property is sold on execution, or in any mann…
AS 34.35.040 Order of priority and payment. [Repealed, § 19 ch 175 SLA 1978. For current law see AS 34.35.112.]
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[Repealed or reserved.]
AS 34.35.045 Lienor's action on contract.
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Article 2. Mechanics and Materialmen. Except as otherwise expressly provided, nothing in AS 34.35.005 — 34.35.425 may be construed to prevent a lienor under a contract from maintaining an action as if the lienor has no lien for the security of the debt and the bringing of this ac…
AS 34.35.050 Lien for labor or materials furnished.
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A person has a lien, only to the extent provided under this chapter, to secure the payment of the contract price if the person (1) performs labor upon real property at the request of the owner or the agent of the owner for the construction, alteration, or repair of a building or …
AS 34.35.055 Land subject to lien.
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(a) The land upon which a building or other improvement described in AS 34.35.050 is constructed, together with a convenient space about the building or other improvement or so much as is required for the convenient use and occupation of it (to be determined by the judgment of th…
AS 34.35.060 Priorities.
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(a) Except as provided in (c) of this section, an encumbrance which is properly recorded shall be preferred to a lien created under AS 34.35.050 — 34.35.120 unless the claim of lien under AS 34.35.070 or notice of right to lien under AS 34.35.064 has been recorded before the encu…
AS 34.35.062 Construction financing.
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(a) A claimant to whom payment for the labor, material, service, or equipment furnished for a project is past due may give the lender a stop-lending notice. The claimant shall at the same time give a copy of the notice to the owner and to each prime contractor with whom or throug…
AS 34.35.064 Notice of right to lien.
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(a) Before furnishing labor, material, service, or equipment for a project, a person may give a notice of right to lien to the owner or owner's agent. If the notice is given in accordance with this section, the owner has the burden of proof to show that the owner did not know of …
AS 34.35.065 Notice of nonresponsibility.
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(a) A building or improvement mentioned in AS 34.35.050 constructed with the knowledge of the owner of the land or the person having or claiming an interest in the land is considered to be constructed at the instance of the owner or person having or claiming the interest. (b) The…
AS 34.35.067 Recording notice of right to lien.
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A notice of right to lien may be recorded by a claimant at any time after the claimant enters into a contract for or first furnishes labor, material, service, or equipment in connection with a project. The notice shall be recorded in the same manner as specified for the recording…
AS 34.35.068 Time periods for claiming liens.
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(a) If a notice of completion is not recorded by the owner as provided in AS 34.35.071, a claim of lien shall be recorded not later than 120 days after the claimant (1) completes the construction contract; or (2) ceases to furnish labor, material, services, or equipment for the c…
AS 34.35.069 Acknowledgment of right to lien. [Repealed, § 18 ch 102 SLA 1986.]
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[Repealed or reserved.]
AS 34.35.070 Claim of lien.
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(a) A claimant may record a claim of lien after entering into a contract for a project. A claim of lien may not be recorded later than the time specified under AS 34.35.068. (b) [Repealed, § 9 ch 61 SLA 1979.] (c) The lien shall be verified by the oath of the claimant or another …
AS 34.35.071 Notice of completion.
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(a) The owner of real property that may be subject to a lien under AS 34.35.050 — 34.35.120 may announce the date of completion of the project by (1) recording a notice of completion after completion of the project in the office of the recorder of the district in which the real p…
AS 34.35.072 Bond.
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If the owner of the property sought to be charged with a claim of lien under AS 34.35.050 — 34.35.120, or a prime contractor or subcontractor disputes the correctness or validity of the claim of lien brought under AS 34.35.050 — 34.35.120, the owner or contractor may record eithe…
AS 34.35.074 Civil suits.
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(a) A person injured by a violation of AS 34.35.050 — 34.35.120 may bring a civil action (1) except as provided in AS 34.35.062(c), for actual and consequential damages that are proximately caused by the violation plus costs, including reasonable attorney fees; (2) to enjoin the …
AS 34.35.075 Record and index of claim.
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The recorder shall record the claim in a book kept for that purpose. The records shall be indexed as deeds and other conveyances are required by law to be indexed. The recorder is entitled to the same fees allowed by law for recording deeds and other instruments.
AS 34.35.080 Duration of lien.
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(a) A lien provided for in AS 34.35.050 — 34.35.120 does not bind real property for more than six months after the claim of lien is recorded, unless an action is commenced in the proper court to enforce the lien within (1) that time; or (2) six months after recording of an extens…
AS 34.35.085 Lien for improving lot or street.
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A person who, at the request of the owner of a lot in the state, grades, fills in, or improves the lot or the street in front of or adjoining the lot has a lien upon the lot for work done and materials furnished. The provisions of AS 34.35.050 — 34.35.120 for securing and enforci…
AS 34.35.090 Payment to contractor.
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A payment by the owner of a building or structure to a prime contractor or subcontractor, made before 120 days from the completion of the building, is not valid to defeat or discharge a lien created by AS 34.35.050 — 34.35.120 in favor of other claimants, unless the payment is di…
AS 34.35.095 Amount of lien.
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(a) Except as provided in (c) of this section, a claimant may recover upon a lien recorded by the claimant only the amount due to the claimant according to the terms of the contract, after deducting all claims of other persons claiming through the claimant for work done and mater…
AS 34.35.100 Action against contractor on lien.
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(a) Where a lien is recorded under AS 34.35.050 — 34.35.120 for work done or materials furnished to a prime contractor, the prime contractor shall defend an action at the expense of the prime contractor, and during the pendency of the action the owner may withhold from the prime …
AS 34.35.105 Materials not subject to process.
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When a mechanic, artisan, machinist, builder, lumber merchant, contractor, laborer, or other person furnishes or procures materials for use in the construction, alteration, or repair of a building or other improvement, the materials are not subject to attachment, execution, or ot…
AS 34.35.110 Actions to enforce liens.
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(a) An action to enforce a lien created by AS 34.35.050 — 34.35.120 shall be brought in the superior court. The pleadings, process, practice, and procedure are the same as in other cases. Each claimant is entitled to execution for the balance due after distribution. The clerk of …
AS 34.35.112 Payment of claimant's liens.
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(a) If more than one lien created under AS 34.35.050 — 34.35.120 is claimed against property, the court in its judgment shall declare the rank of each lien or class of liens in the following order: (1) all persons other than prime contractors or subcontractors with lien rights un…
AS 34.35.114 Obligation of claimant and lender to provide information.
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(a) A prime contractor, on request, shall provide the following information within five days to any person entitled to claim a lien through the prime contractor: (1) a description of the real property being improved sufficient to identify the property; (2) the name and address of…
AS 34.35.115 Persons considered agent of owner.
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Every contractor, subcontractor, architect, builder, or other person having charge of the construction, alteration, or repair, in whole or in part, of a building or other improvement as provided in AS 34.35.050 and 34.35.085, is considered to be the agent of the owner for the pur…
AS 34.35.117 Waiver of lien rights.
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(a) Except as provided under (b) of this section, a written waiver of lien or stop-lending notice of rights created under AS 34.35.050 — 34.35.120 signed by a claimant requires no consideration and is valid and binding. A waiver permitted under this section may not relate to labo…
AS 34.35.118 Claimant liability. [Repealed, § 18 ch 102 SLA 1986.]
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[Repealed or reserved.]
AS 34.35.119 Waiver of liens on unsold common interest community units.
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(a) A lien created under AS 34.35.050 — 34.35.120 arising out of original construction that becomes subject to AS 34.07 or AS 34.08 before the first sale of a unit within a common interest community after commencement of construction shall be subject to the provisions of this sec…
AS 34.35.120 Definitions.
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Article 3. Mines and Wells. In AS 34.35.050 — 34.35.120, (1) “building or other improvement,” includes a wharf, bridge, ditch, flume, tunnel, fence, well, land clearing, machinery, aqueduct to create hydraulic power, or for mining or other purposes, and all other structures and s…
AS 34.35.125 Liens on mines and oil wells.
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A person who, at the instance of the owner, performs work in, on, or about a mine, or mining claim, oil, gas, or other well, in opening up, developing, sinking, drilling, drifting, stoping, mucking, stripping, shoveling, mining, hoisting, firing, cooking, teaming, or performs any…
AS 34.35.130 Lien on mill or machine.
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A person who, at the instance of the owner, performs work or labor on, in, or about a mill or machine, either in the alteration or repair of it, or in the operation or working of it, while the mill or machine is used in or about a mine, or mining claim, oil, gas, or other claim o…
AS 34.35.135 Priority.
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A lien under AS 34.35.125 and 34.35.130 is a preferred lien, prior and superior to a mortgage, conditional sale agreement, attachment, claim, or demand, unless the mortgage, conditional sale agreement, attachment, claim, or demand is in writing and recorded in the recorder's offi…
AS 34.35.140 Lien on dump or mass of mineral.
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(a) A person who, at the instance of another who has the right of possession of a mine, or mining claim, oil or gas well, performs upon, in, or about the mine or well any of the kinds of work mentioned in AS 34.35.125, or who performs any other kind of work in the production, pil…
AS 34.35.145 Extent of liens.
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Liens under AS 34.35.125, 34.35.130, and 34.35.140 are security for payment for the work performed within a period of nine months immediately before the cessation of the work. The liens bind all the right, title, and interest in the property mentioned of the person at whose insta…
AS 34.35.150 Labor deemed performed at instance of owner, mortgagee, or lien claimant.
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(a) When the work mentioned in AS 34.35.125, 34.35.130, and 34.35.140 is performed at the instance of a person, who has the right of possession under a written or oral lease, license, or authority, expressed or implied, bond, option or other contract of sale from the owner, execu…
AS 34.35.155 Liens not exclusive.
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(a) Liens under AS 34.35.125 — 34.35.170 are not exclusive of one another. The lien shall attach and may be claimed by the same labor upon the mine, mining claim, mill, or machine used in mining or working, and the dump or mass of mineral, gold, or gold dust, if the facts relativ…
AS 34.35.160 Claim of lien.
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(a) A person who claims the benefit of AS 34.35.125 — 34.35.170 shall, within 90 days after the performance of the services or the cessation of the work mentioned in AS 34.35.125 — 34.35.170, record the claim of lien in the recorder's office of the recording district in which the…
AS 34.35.165 Duration of lien.
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(a) A lien under AS 34.35.125 — 34.35.170 does not bind a property for more than six months after notice of the lien is filed for record, unless suit is brought before the proper court to enforce the lien within that time, or if credit is given, with six months after the expirati…
AS 34.35.170 Definitions.
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Article 4. Improvement of Chattels. (a) In AS 34.35.125 — 34.35.170, (1) “dump” or “mass” means the mineral-bearing sands, gravel, earth, ore, stone, coal, oil, gas, other fluids or minerals extracted, hoisted, and raised from a mine or mining claim, while in mass at the mine or …
AS 34.35.175 Improvement lien on personal property.
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(a) A person who makes, alters, repairs, or labors upon an article of personal property at the request of the owner or lawful possessor has a lien on the property for the just and reasonable charges for the labor performed and material furnished. The person may keep possession of…
AS 34.35.180 Chattel lien; surrender of possession.
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A person who expends labor, skill, or materials upon a chattel, at the request of its owner, reputed owner, or authorized agent of the owner, or lawful possessor of the chattel, has a lien upon the chattel for the contract price of the expenditure, or in the absence of a contract…
AS 34.35.185 Lien notice.
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(a) The lien claimant shall, before delivery of the chattel to the owner or the authorized agent of the owner, record a lien notice in the office of the recorder of the recording district where the chattel is situated and in which the labor, skill, and materials are expended on t…