Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.85.010 Real property characterization.
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A manufactured home becomes real property if (1) the home is permanently affixed to land under AS 34.85.150; (2) an affixation affidavit has been recorded under AS 40.17.125; (3) the ownership interests in the manufactured home and in the real property to which the manufactured h…
AS 34.85.020 Effect of real property characterization.
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(a) When a manufactured home becomes real property under AS 34.85.010, a mortgage, deed of trust, lien, or security interest that can attach to land, buildings erected on land, or fixtures affixed to land or buildings attaches to the manufactured home in the same manner as if the…
AS 34.85.040 Ownership interest exception.
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If the owner of a manufactured home is not the owner of the real property on which the manufactured home is located, the requirement under AS 34.85.010(3) that the ownership interests be identical is satisfied if the owner possesses the real property under (1) a lease in a record…
AS 34.85.060 Affixation affidavit requirements.
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An affixation affidavit must provide (1) the name of the manufacturer, the make, the model name, the model year, the dimensions, and the manufacturer's serial number of the manufactured home; (2) whether the manufactured home is new or used; (3) a statement that the person execut…
AS 34.85.070 Owner's statement for affixation affidavit.
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(a) An owner's statement for an affixation affidavit must comply with (b) or (c) of this section. (b) If a manufactured home is covered by a manufacturer's certificate of origin, the owner of the manufactured home shall (1) state that the manufactured home is covered by a manufac…
AS 34.85.080 Effect on liens and encumbrances.
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Permanently affixing a manufactured home to real property or recording an affixation affidavit under AS 40.17.125 does not impair the rights of a holder of, or the character of, a lien or encumbrance on a manufactured home under AS 28.10.381 unless an application to cancel the ti…
AS 34.85.090 Filing affixation affidavit with department.
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When a person designated in an affixation affidavit to file the affixation affidavit with the department receives a certified copy of the recorded affixation affidavit, the person shall deliver the certified copy of the affixation affidavit to the department for filing under AS 2…
AS 34.85.100 Use of affidavit.
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(a) Except as provided in AS 34.85.010, 34.85.020, 34.85.090, and AS 40.17.125, an affixation affidavit is not necessary or effective to convey or encumber a manufactured home or to change the character of a manufactured home to real property. (b) A conveyance of land on which a …
AS 34.85.110 Severance of manufactured home.
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If an affixation affidavit has been recorded for a converted manufactured home and if the converted manufactured home is severed from the real property to which it was affixed, each person having an interest in the real property shall record a severance affidavit in the recording…
AS 34.85.120 Severance affidavit.
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The severance affidavit must contain or be accompanied by (1) the name, residence, and mailing address of the owner of the manufactured home; (2) a description of the manufactured home, including the name of the manufacturer, the make, the model name, the model year, the dimensio…
AS 34.85.130 Filing of severance affidavit.
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On receipt of a certified copy of the severance affidavit by the person designated in the affidavit for filing with the department, the person shall file the certified copy with the department under AS 28.10.262 — 28.10.264.
AS 34.85.140 Affidavit form and acknowledgment.
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(a) An affixation affidavit and a severance affidavit must be acknowledged in the same manner as a conveyance of real property and must be in a form that may be recorded under AS 40.17. (b) The department shall establish by regulation the forms for an affixation affidavit and a s…
AS 34.85.150 Permanently affixed.
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A manufactured home is permanently affixed when it is (1) anchored to real property by attachment to a permanent foundation; (2) constructed in accordance with applicable state and local building codes and manufacturer's specifications as provided in the Model Manufactured Home I…
AS 34.85.190 Definitions.
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In this chapter, unless the context requires otherwise, (1) “affixation affidavit” means an affixation affidavit under AS 34.85.060; (2) “department” means the Department of Administration; (3) “manufactured home” has the meaning given in AS 45.29.102; (4) “permanently affixed” m…
AS 34.85.195 Short title.
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This chapter may be cited as the Manufactured Home Property Act.