Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.15.120 Remedy of tenant in common.
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A tenant in common may maintain an action against a cotenant for receiving more than the fair share of the rents and profits of the estates owned by them in common.
AS 34.15.130 Joint tenancy abolished.
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Joint tenancy, with the exception of interests in personalty and tenancy by the entirety, is abolished. Except as provided in AS 34.15.110(b) and AS 34.77.100, persons having an undivided interest in real property are considered tenants in common.
AS 34.15.140 Tenancy by the entirety.
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(a) The right to hold an estate in land as tenants by the entirety, with the right of survivorship, is recognized. (b) [Repealed, § 91 ch 6 SLA 1984.] (c) The right of a spouse to convey to self and the other spouse as tenants by the entirety, or as tenants in common, is confirme…
AS 34.15.145 Solar easement.
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Article 2. Acknowledgment and Proof. (a) An easement obtained for the purpose of protecting the exposure of property to the direct rays of the sun must be created in writing and is subject to the recording requirements for other conveyances of real property. (b) An instrument cre…
AS 34.15.150 Execution of conveyances.
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(a) A conveyance executed in the state of land or an interest in land in the state shall be acknowledged before a person authorized to take acknowledgments in AS 09.63.010 or proved in accordance with AS 34.15.210 or 34.15.220. The officer taking an acknowledgment shall endorse o…
AS 34.15.160 Conveyances executed outside the state.
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If a conveyance is executed in a state, territory, or district of the United States, the conveyance may be executed according to the laws of that state, territory, or district, and the execution of the conveyance may be acknowledged under AS 09.63.050 — 09.63.130.
AS 34.15.170 Certificate of acknowledgment. [Repealed, § 6 ch 37 SLA 1981.]
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[Repealed or reserved.]
AS 34.15.180 Execution and acknowledgment of conveyance in foreign country.
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If a conveyance is executed in a foreign country it may be executed according to the laws of that country and the execution of it acknowledged under AS 09.63.050 — 09.63.130.
AS 34.15.190 Secs. 34.15.190 — 34.15.200. Acknowledgment by married person; officer's knowledge of grantor's identity. [Repealed, § 6 ch 37 SLA 1981. For current law see AS 09.63.]
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[Repealed or reserved.]
AS 34.15.210 Proof by subscribing witness.
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(a) Proof of the execution of a conveyance may be made before an officer authorized to take acknowledgment of conveyances, and shall be made by a subscribing witness, who shall state the witness' own place of residence and that the witness knows the person described in and execut…
AS 34.15.220 Proof of conveyance by handwriting.
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When a grantor is dead, out of the state, or refuses to acknowledge the conveyance, and all the subscribing witnesses to the conveyance are also dead or reside out of the state, the conveyance may be proved before the superior court, by proving the handwriting of the grantor and …
AS 34.15.230 Subpoena of witness.
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An officer authorized to take an acknowledgment or proof of conveyance may issue a subpoena requiring a witness to a conveyance to appear and testify before the officer regarding the execution, upon the application of a grantee, or of a person claiming under the grantee, verified…
AS 34.15.240 Penalty for refusal to appear or testify.
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A person served with a subpoena described in AS 34.15.230 who, without reasonable cause, refuses or neglects to appear, or upon appearing refuses to answer upon oath regarding the execution of a deed, shall forfeit to the injured party $100, and may also be committed to jail for …
AS 34.15.250 Endorsement by officer.
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Article 3. Recording. An officer taking the proof of a conveyance shall certify it, sign it, and in the certificate shall set out the things required by this chapter to be done, known, or proved, together with the names of the witnesses examined before the officer, their places o…
AS 34.15.260 Secs. 34.15.260 — 34.15.340. Recording. [Repealed, § 43 ch 161 SLA 1988. For current law, see AS 40.17.]
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[Repealed or reserved.]
AS 34.15.343 [Renumbered as AS 40.17.035.]
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[Repealed or reserved.]
AS 34.15.345 Secs. 34.15.345 , 34.15.350. Recording. [Repealed, § 43 ch 161 SLA 1988. For current law, see AS 40.17.]
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[Repealed or reserved.]
AS 34.17.010 Creation, conveyance, acceptance, and duration.
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(a) Except as otherwise provided in AS 34.17.010 — 34.17.060, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. (b) A right or duty in favor of or against a…
AS 34.17.020 Judicial actions.
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(a) An action affecting a conservation easement may be brought by (1) an owner of an interest in the real property burdened by the easement; (2) a holder of the easement; (3) a person having a third-party right of enforcement; or (4) a person authorized by other law. (b) AS 34.17…
AS 34.17.030 Validity.
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A conservation easement is valid even though (1) it is not appurtenant to an interest in real property; (2) it can be or has been assigned to another holder; (3) it is not of a character that has been recognized traditionally at common law; (4) it imposes a negative burden; (5) i…
AS 34.17.040 Applicability.
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(a) AS 34.17.010 — 34.17.060 apply to an interest created on or after May 31, 1989 that complies with AS 34.17.010 — 34.17.060, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (b) AS 34.17.010 — 34.17.060 a…
AS 34.17.050 Uniformity of application and construction.
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This chapter shall be applied and construed to effectuate its general purpose to make uniform the laws with respect to the subject of the chapter among states enacting it.
AS 34.17.055 Tort immunity from personal injuries or death arising out of the use of land subject to a conservation easement.
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(a) In addition to the immunity provided by AS 09.65.200, an owner of land, a portion of which is subject to a conservation easement that is 50 feet or less in width, that has been granted to and accepted by the state or a municipality, and that provides public access for recreat…
AS 34.17.060 Definitions.
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Article 2. Public Recreational Use Easements. In AS 34.17.010 — 34.17.060, (1) “conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations to retain or protect natural, scenic, or open space values of real pr…
AS 34.17.100 Public recreational use easements.
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(a) A public recreational use easement may be created for the purposes of AS 09.65.202 by recording the grant of the easement in the recorder's office for the recording district where the land affected by the easement is located. The grant of the public recreational use easement …
AS 34.20.010 Recording assignment of mortgage.
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The recording of the assignment of a mortgage is not in itself considered notice of the assignment to the mortgagor or the heirs or personal representatives of the mortgagor, so as to invalidate a payment made by one or more of them to the mortgagee.
AS 34.20.020 Discharge of mortgage by entry in margin of record. [Repealed, § 43 ch 161 SLA 1988.]
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[Repealed or reserved.]
AS 34.20.030 Recording of discharge upon certificate of mortgagee.
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A mortgage may be discharged upon the record of the mortgage by the recorder who has custody of the record when there is presented to the recorder a certificate executed by the mortgagee or the personal representatives or assigns of the mortgagee, acknowledged or proved and certi…
AS 34.20.040 Recording certificate.
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A certificate of discharge provided for in AS 34.20.030 and the proof or acknowledgment of the certificate shall be recorded at full length. A reference shall be made to the book and page containing the record of the certificate or the serial number of the record of the certifica…
AS 34.20.050 Penalty for failure to discharge mortgage or execute certificate.
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If a mortgagee, or personal representatives, successors in interest or assigns of the mortgagee, after full performance of the condition of the mortgage, whether before or after a breach, for 10 days after being so requested in writing, and after tender of the reasonable charges,…
AS 34.20.060 Definition.
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Article 2. Deeds of Trust. In AS 34.20.010 — 34.20.060, “conveyance” includes every instrument in writing by which an estate or interest in real property is created, alienated, mortgaged, or encumbered, or by which the title to real property is affected, except a will.
AS 34.20.070 Sale by trustee.
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(a) If a deed of trust is executed conveying real property located in the state to a trustee as security for the payment of an indebtedness and the deed provides that in case of default or noncompliance with the terms of the trust, the trustee may sell the property for condition …
AS 34.20.080 Sale at public auction.
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(a) The sale authorized in AS 34.20.070 shall be made under the terms and conditions and in the manner set out in the deed of trust. The proceeds from a sale shall be placed in a trust account until they are disbursed. However, the sale shall be made (1) at public auction held at…
AS 34.20.090 Title, interest, possessory rights, and redemption.
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(a) The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and the party executing the deed of tr…
AS 34.20.100 Deficiency judgment prohibited.
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When a sale is made by a trustee under a deed of trust, as authorized by AS 34.20.070 — 34.20.130, no other or further action or proceeding may be taken nor judgment entered against the maker or the surety or guarantor of the maker, on the obligation secured by the deed of trust …
AS 34.20.110 Trust deeds recorded as mortgages.
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For the purposes of record, a deed of trust, given to secure an indebtedness, shall be treated as a mortgage of real estate, and recorded in full in the book provided for mortgages of real property. The person who makes or executes the deed of trust shall be indexed as “mortgagor…
AS 34.20.115 Procedure for reconveyance.
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(a) Unless the beneficiary has requested that a title insurance company reconvey a trust deed before the title insurance company mails or delivers the notice under (b) of this section, a title insurance company shall comply with the requirements of this section before reconveying…
AS 34.20.120 Substitution of trustee.
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(a) The trustee under a trust deed upon real property given to secure an obligation to pay money and conferring no duties upon the trustee other than the duties that are incidental to the exercise of the power of sale conferred in the deed may be substituted by recording in the m…
AS 34.20.125 Trustee bond required.
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(a) Before performing the duties of a trustee under AS 34.20.070 and 34.20.080, a person shall obtain a surety bond in the amount of $100,000 to protect the trustors and beneficiaries of trust deeds against fraud or defalcation by the trustee in the performance of the duties. (b)…
AS 34.20.130 Recording assignment, subordination, or waiver.
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(a) The following instruments may be recorded: (1) an assignment of the beneficial interest under a deed of trust; or (2) an instrument by which a deed of trust of real property is subordinated or waived as to priority. (b) From the time it is filed for record, the instrument ope…
AS 34.20.135 Definition.
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Article 3. Miscellaneous Provisions. In AS 34.20.070 — 34.20.130, “real property” or “property” includes an interest in real property.
AS 34.20.140 Recording memorandum extending lien.
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Where the payment of an existing contract (a bill of exchange, promissory note, bond, or other evidence of indebtedness) is secured by an instrument creating a lien upon real estate, payment on the contract does not extend the lien beyond its original or extended period as agains…
AS 34.20.150 Maturity of lien.
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(a) The date of maturity of an instrument creating a lien upon real property is considered to be 10 years from the date of the instrument, unless (1) the period of the instrument is disclosed by the terms of the instrument; or (2) another instrument extending the period of the fi…
AS 34.20.160 Notice of other remedies.
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(a) When a lender uses a note as evidence of an obligation secured by a mortgage or deed of trust, the note must affirmatively advise the mortgagor or trustor and any other party bound by the note if the mortgagee or beneficiary wants the option to bring suit directly on the note…
AS 34.22.010 [Renumbered as AS 13.36.300.]
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[Repealed or reserved.]
AS 34.25.010 Validation of defective acknowledgments.
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A defective and informal acknowledgment of a deed, contract, lease, power of attorney, mortgage, or other instrument for the conveyance of real property, or an interest in real property, or pertaining to a right, title, or interest in real property, made in good faith, whether th…
AS 34.25.020 Adverse title not affected.
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This chapter is not intended to interfere with vested rights in lands or premises, arising by adverse title, acquired in good faith since the date of the defective acknowledgments.
AS 34.25.030 Validation of defective instruments and use as evidence.
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(a) A deed, contract, lease, power of attorney, mortgage, or other instrument for the conveyance of real property or an interest in real property, or pertaining to a right, title, or interest in real property, heretofore or hereafter signed and delivered by a person in good faith…
AS 34.25.040 Deeds on judicial sales.
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(a) A judicial sale of real property is valid and sufficient in law to sustain a deed based on the sale when (1) the sale is heretofore or hereafter made in the state on execution to satisfy a judgment, order, or decree of a court in the state or is made under an order or decree …
AS 34.25.050 Sale and deed of executor, administrator, and guardian validated.
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(a) A sale of real property heretofore or hereafter made by an executor, administrator, or guardian is sufficient to sustain an executor's, administrator's, or guardian's deed to the purchaser for the real property when (1) made of the decedent's, ward's, or incompetent person's …