Title 09 — Code of Civil Procedure
23 chapters · 647 sections in this title.
AS 09.45.010 Action to quiet title.
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A person in possession of real property, or a tenant of that person, may bring an action against another who claims an adverse estate or interest in the property for the purpose of determining the claim.
AS 09.45.015 Land adjoining highway reservation.
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(a) A conveyance of land after April 7, 1958, that, at the time the conveyance was made, adjoined a highway reservation listed in section 1 of Public Land Order 1613 of the Secretary of the Interior (April 7, 1958), is presumed to have conveyed land up to the center-line of the h…
AS 09.45.020 Action to establish boundaries.
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When a dispute exists between two or more owners of adjacent or contiguous lands concerning the boundary lines of their lands, an owner may bring an action for the purpose of having the dispute determined and the boundary lines ascertained and marked.
AS 09.45.030 Appointment of referees to establish and mark boundaries.
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[Repealed or reserved.]
AS 09.45.040 Oaths and report of referees.
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Before entering upon the discharge of their duties, the referees shall file a written oath to faithfully and impartially perform their duties. After designating the boundary lines by proper marks, they shall file with the court a report describing the location of the marks.
AS 09.45.050 Court action on the referees' report.
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The report may be confirmed unless a party excepts to the report. Upon the hearing, the court may confirm, modify, or set aside the report, and, in the latter case, may appoint new referees or refer the matter to the same referees with appropriate instructions.
AS 09.45.052 Adverse possession.
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Article 2. Forcible Entry and Detainer. (a) The uninterrupted adverse notorious possession of real property under color and claim of title for seven years or more, or the uninterrupted adverse notorious possession of real property for 10 years or more because of a good faith but …
AS 09.45.060 Prohibition of use of force for entry on realty.
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A person may not enter upon any land, tenement, or other real property except in cases where entry is given by law. In those cases the entry may not be made with force but only in a peaceable manner.
AS 09.45.070 Action for forcible entry or detention.
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(a) When a forcible entry is made upon a premises, or when an entry is made in a peaceable manner and the possession is held by force, the person entitled to the premises may maintain an action to recover the possession. (b) [Repealed, § 1 ch 73 SLA 1966.]
AS 09.45.080 Undertaking on appeal. [Repealed, § 4 ch 10 SLA 1974.]
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[Repealed or reserved.]
AS 09.45.090 Unlawful holding by force.
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(a) For property to which the provisions of AS 34.03 (Uniform Residential Landlord and Tenant Act) apply, unlawful holding by force includes each of the following: (1) when, for failure or refusal to pay rent due on the lease or agreement under which the tenant or person holds, a…
AS 09.45.100 Notice to quit.
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(a) Except where service of written notice is made under AS 09.45.090(a)(1) or (b)(1), or except when notice to quit is not required by AS 09.45.090(a)(3) or (b)(3), a person entitled to the premises who seeks to recover possession of the premises may not commence and maintain an…
AS 09.45.105 Content of notice to quit.
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Notice to quit served upon the tenant or person in possession must (1) state (A) the nature of the breach or violation of the lease or rental agreement or other reason for termination of the tenancy of the tenant or person in possession; (B) in circumstances in which the breach o…
AS 09.45.110 Time when action to recover possession may be brought.
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An action for the recovery of the possession of the premises may be commenced on or after the date the tenant or person in possession unlawfully holds possession of the dwelling unit or rental premises by force, as determined under AS 09.45.090.
AS 09.45.120 Summons and continuance.
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Summons in actions for forcible entry and detainer shall be served not less than two days before the date of trial. A continuance may not be granted for a longer period than two days unless the defendant applying for the continuance gives an undertaking to the adverse party, with…
AS 09.45.130 Action against persons paying rent in advance.
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The service of a notice to quit upon a tenant or person in possession does not authorize an action to be maintained against the tenant or person for the possession of the premises until the expiration of the period for which that tenant or person may have paid rent for the premis…
AS 09.45.135 Action against tenant occupying premises abated as nuisance.
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In an action under AS 09.45.060 — 09.45.160 against a tenant or person in possession of premises for which an order of abatement has been entered under AS 09.50.210(a), a certified copy of the order of abatement is prima facie evidence of unlawful holding of the premises by force…
AS 09.45.140 Agricultural tenant.
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When the leasing or occupation is for the purpose of farming or agriculture, the tenant or person in possession shall, after the termination of the lease or occupancy, have free access to the premises to cultivate and harvest or gather any crop or produce of the soil planted or s…
AS 09.45.150 Inquiry into merits of title.
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In an action to recover the possession on the land, tenement, or other real property where the entry is forcible or when the possession is unlawfully held by force, there shall be no inquiry into the merits of the title. Three years' quiet possession of the premises immediately p…
AS 09.45.158 Action by nonprofit housing corporation.
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A nonprofit housing corporation may designate an officer or employee of the corporation who is not an attorney to commence and maintain an action under AS 09.45.060 — 09.45.160 on behalf of the corporation against a tenant or person in possession. When, under this section, a nonp…
AS 09.45.160 Actions for possession of realty.
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Article 3. Actions Relating to Nonconsensual Common Law Liens. In an action to recover the possession of real property as provided in AS 09.45.630, notice to quit, when necessary, may be given as prescribed in AS 09.45.060 — 09.45.160, and nothing in AS 09.45.060 — 09.45.160 shal…
AS 09.45.161 Lien against public servant.
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If a nonconsensual common law lien is recorded or filed against the property of a public servant based upon the performance or nonperformance of the public servant's duties or having no stated basis and the nonconsensual common law lien was not accompanied by a specific order fro…
AS 09.45.164 Request for release of nonconsensual common law lien.
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(a) A person whose real or personal property is subject to a claim of nonconsensual common law lien that has been recorded or filed may submit to a court of competent jurisdiction a request that the court order the release of the claim of the nonconsensual common law lien. The re…
AS 09.45.167 Liability of nonconsensual common law lien claimant or grantee.
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(a) A person who offers a claim of nonconsensual common law lien for recording or filing that is not accompanied by a specific order from a court of competent jurisdiction recognized under state or federal law authorizing the recording or filing of the lien is liable to the owner…
AS 09.45.169 Definitions.
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Article 4. Foreclosure of Liens. In AS 09.45.161 — 09.45.169, (1) “filed” means the acceptance of a document by a department or person having responsibility for the receipt and filing of documents that may be filed and that are presented for filing in the place of filing designat…
AS 09.45.170 Judgment on foreclosure of lien.
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A person having a lien upon real property, other than that of a judgment, whether created by mortgage or otherwise, to secure a debt or other obligation may bring an action to foreclose the lien. In the action, the court may direct the sale of the encumbered property or a portion…
AS 09.45.180 Sale of encumbered property.
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The sale of the encumbered property shall be conducted in the same manner as the sale of real property on execution. A deficiency between the amount of the judgment and the sale price may be enforced by execution.
AS 09.45.190 Redemption after foreclosure of lien.
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Property sold upon a judgment of foreclosure may be redeemed in the manner and with the effect as real property sold on an execution issued upon a judgment for the payment of an unsecured debt.
AS 09.45.200 Effect of action to recover debt.
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During or after the pendency of an action for the recovery of a debt secured by a lien mentioned in AS 09.45.170, an action cannot be maintained for the foreclosure of the lien unless judgment is given in that action that the plaintiff recover the debt or a part of it, and an exe…
AS 09.45.210 Proceedings when debt secured is not all due.
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When an action is commenced to foreclose a lien by which a debt is secured, which debt is payable in installments either of interest or principal, and any of the installments is not then due, the court shall adjudge a foreclosure of the lien, and may also adjudge a sale of the pr…
AS 09.45.220 Effect of payment before judgment or sale.
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Article 5. Nuisances. If, before a judgment is given, the amount then due, with the costs of action, is brought into court and paid to the clerk, the action shall be dismissed, and, if the same be done after judgment and before sale, the effect of the judgment as to the amount th…
AS 09.45.230 Action based on private nuisance.
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(a) A person may bring a civil action to enjoin or abate a private nuisance. Damages may be awarded in the action. (b) A person may not maintain an action under this section based upon an air emission or water or solid waste discharge, other than the placement of nuclear waste, w…
AS 09.45.235 Agricultural operations as private nuisances.
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(a) An agricultural facility or an agricultural operation at an agricultural facility is not and does not become a private nuisance as a result of a changed condition that exists in the area of the agricultural facility if the agricultural facility was not a nuisance at the time …
AS 09.45.240 Manner of abatement.
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If judgment is in favor of the plaintiff, an order may issue at any time within six months of the date of the judgment at plaintiff's request directing the issuance of a warrant to a peace officer to abate the nuisance. The expense of abating the nuisance is a part of the judgmen…
AS 09.45.250 Order staying issue of warrant.
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At any time before the order is made, the defendant may apply to the court for an order to stay the issuance of the warrant for a period not exceeding six months to allow the defendant to abate the nuisance. The court may grant the stay if the defendant gives an undertaking to th…
AS 09.45.255 Definition of nuisance.
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Article 6. Partition. In AS 09.45.230 — 09.45.255, “nuisance” means a substantial and unreasonable interference with the use or enjoyment of real property, including water.
AS 09.45.260 Right of action for partition or sale.
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When several persons own real property as tenants in common, in which one or more of them have an estate of inheritance or for life or years, or when real property is subject to a life estate with remainder over, an action may be brought by one or more of those persons or by the …
AS 09.45.270 Lien on undivided interest.
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Where a lien is on an undivided interest or estate of any of the parties and a partition is made, the lien is then only upon the share assigned to that party, but the share shall first be charged with its just proportion of the costs of the partition, in preference to the lien.
AS 09.45.280 Determination of rights of parties.
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The rights of the several parties may be determined in the action. If a party having a share or interest in or lien upon the property is unknown, or any of the known parties reside out of the state or cannot be found in the state, the summons may be served upon the absent or know…
AS 09.45.290 Order for partition or sale.
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If it appears that the property or a part of it is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale of the property. Otherwise, upon the requisite proofs being made, the court shall order a partition according to the resp…
AS 09.45.300 Report of referees.
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In making the partition the referees shall divide the property and allot its several portions to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, and designating the several portions …
AS 09.45.310 Effect of judgment.
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Upon hearing and confirmation of the report, the court shall give judgment that the partition be effectual forever, which judgment is binding and conclusive on (1) all parties named as parties to the action, and their legal representatives, who have at the time an interest in the…
AS 09.45.320 Tenant not affected by judgment.
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The judgment and partition may not affect tenants for years or for life of the whole of the property that is the subject of partition, and may not preclude any person except those specified in AS 09.45.310 from claiming title to the property in question or from contraverting the …
AS 09.45.330 Order of sale.
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If it appears by evidence to the satisfaction of the court that a partition cannot be made without great prejudice to the owners, it shall order a sale of the property.
AS 09.45.340 Estate of life or years.
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When a part of the property only is ordered to be sold, if there is an estate for life or years in an undivided share of the property, the estate may be set off in a part of the property not ordered to be sold.
AS 09.45.350 Reference to determine liens.
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If it appears that there are outstanding liens upon the property or a part of it and the persons holding the liens were not made parties to the action, the court may appoint a referee to ascertain whether or not those liens have been paid, and, if not paid, what amount remains du…
AS 09.45.360 Appearance of lienholders before referee.
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Persons having outstanding liens shall be notified to appear before the referee at a specified time and place to prove the amount due or to become due, contingently or absolutely.
AS 09.45.370 Effect of confirmation of report.
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If the report of the referee is confirmed by the court, the order of confirmation is binding and conclusive on the parties to the action and upon the lien creditors who have been duly served with notice to appear before the referee.
AS 09.45.380 Application of proceeds from sale of encumbered property.
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The proceeds of the sale of the encumbered property shall be applied under the direction of the court as follows: (1) to pay its just proportion of the general cost of the action; (2) to pay the costs of the reference; (3) to satisfy the several liens in their order of priority b…
AS 09.45.390 Lienholder having other securities.
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When a party to an action or a person who holds a lien upon the property or a part of it has other securities for the payment of the amount of the lien, the court may order the securities to be exhausted before a distribution of the proceeds of sale, or may order a just deduction…