Title 34, Property
24 chapters · 562 sections in this title.
AS 34.40.010 Invalidity generally.
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Except as provided in AS 34.40.110, a conveyance or assignment, in writing or otherwise, of an estate or interest in land, or in goods, or things in action, or of rents or profits issuing from them or a charge upon land, goods, or things in action, or upon the rents or profits fr…
AS 34.40.020 Invalidity as against purchasers.
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A conveyance of an interest in land, or the rents or profits of it, or a charge upon land or upon the rents and profits thereof, that is made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the land, rents, or profits, as again…
AS 34.40.030 Purchasers with notice.
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A conveyance or charge is not considered fraudulent in favor of a subsequent purchaser who has actual or legal notice of it at the time of the purchase, unless it appears that the grantee in the conveyance, or person to be benefited by the charge, was privy to the fraud intended.
AS 34.40.040 Invalidating effect of provision for revocation, determination, or alteration.
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A conveyance or charge of or upon an estate or interest in land containing a provision for the revocation, determination, or alteration of the estate or interest, or a part of it, at the will of the grantor, is void as against subsequent purchasers from the grantor for a valuable…
AS 34.40.050 Conveyance in exercise of power to revoke and reconvey.
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Where a power to revoke a conveyance of land, or the rents and profits from it, and to reconvey the land or the rents and profits is given to a person other than the grantor in the conveyance, and the person subsequently conveys the land, rents, or profits to a purchaser for a va…
AS 34.40.060 Conveyance before accrual of right to execute power of revocation.
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If a conveyance to a purchaser under either AS 34.40.040 or 34.40.050 is made before the person making the conveyance is entitled to execute the power of revocation, it nevertheless is valid from the time the power of revocation actually vests in the person, in the same manner an…
AS 34.40.070 Requirement of writing for grant or assignment of trust.
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A grant or assignment of an existing trust in land, goods, or things in action, unless the grant or assignment is in writing, subscribed by the person making it, or a lawfully authorized agent of the person, is void.
AS 34.40.080 Invalidity against heirs, successors, representatives, or assigns.
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A conveyance, charge, instrument, or proceeding declared by law to be void as against the creditors, purchasers, or mortgagees is equally void as against the heirs, successors, personal representatives, or assigns of the creditors, purchasers, or mortgagees.
AS 34.40.090 Fraudulent intent question of fact.
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The question of fraudulent intent in a case arising under the provisions of this chapter is a question of fact, and not of law.
AS 34.40.100 When title of purchaser for value not affected.
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The provisions of AS 34.40.010 and 34.40.070 34.40.130 may not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration unless it appears that the purchaser had previous notice of the fraudulent intent of the purchaser's immediate gra…
AS 34.40.110 Restricting transfers of trust interests.
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(a) A person who in writing transfers property in trust may provide that the interest of a beneficiary of the trust, including a beneficiary who is the settlor of the trust, may not be either voluntarily or involuntarily transferred before payment or delivery of the interest to t…
AS 34.40.113 Discretionary interests in irrevocable trusts.
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(a) This section applies to a creditor's claim with respect to a discretionary interest in an irrevocable trust unless the trust instrument provides otherwise. (b) A discretionary interest in an irrevocable trust is not a property interest or an enforceable right. It is an expect…
AS 34.40.115 Subjecting appointed property to claims of donee's creditor.
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The property that a donee of a power of appointment is authorized to appoint is not subject to the claims of the creditors of the donee except to the extent that a donee of an inter vivos or testamentary power of appointment (1) is permitted by the donor of the power to appoint t…
AS 34.40.118 Transfers of individual retirement accounts.
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(a) Notwithstanding a provision in AS 09.38.017(d), AS 34.40.110, or another law to the contrary, a person may voluntarily transfer or assign the person's interest in an individual retirement account if the person (1) is the owner of or a participant in the individual retirement …
AS 34.40.120 Land and estate and interest in land defined.
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The term land as used in this chapter shall be construed as coextensive in meaning with lands, tenements, and hereditaments, and the term estate and interest in land shall be construed to embrace every interest, freehold, and chattel, legal and equitable, present and future…
AS 34.40.130 Conveyance defined.
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The term conveyance, as used in this chapter, shall be construed to embrace every instrument in writing except a last will and testament, of whatever form and by whatever name it may be known in law, by which an estate or interest in land is created, aliened, assigned, or surre…