Title 34, Property

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 action does not prejudice rights under A…

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 …

(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…

(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…

(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…

(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 …

(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…

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…

(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…

(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 …

(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…

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…

(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 …

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.

(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…

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…

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…

(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…

(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 …

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…

(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 …

(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…

(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…

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…

(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…

(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…

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 superstructures; (2) “complet…

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…

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…

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…

(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…

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…

(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…

(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…

(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…

(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…

(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 on the mining claim or adjacent to i…

(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…

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…

(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…

Upon the presentation of the notice to the recorder, the recorder shall record the notice and index it in a book or computer-readable medium kept for that purpose and called “Index of Liens upon Chattels.” The recorder is entitled to charge and receive from the person recording t…

The following persons are considered the owner of a chattel, or the authorized agent of the owner, for the purpose of AS 34.35.175 — 34.35.215: (1) a person in possession of the chattel under an agreement to purchase it, whether the title to it is in the person or the vendor; (2)…

A lien under AS 34.35.180, when recorded in accordance with AS 34.35.185, is superior to and preferred to (1) a lien, mortgage, or encumbrance that attaches to the chattel after the starting of labor or services or the furnishing of the material mentioned in that section; (2) a l…

(a) A lien does not bind a property for more than six months after the lien is recorded, unless suit is brought in the superior court to enforce the lien within that time, or if credit is given, within six months after the expiration of the credit. (b) A lien may not be continued…

A lien under AS 34.35.175 — 34.35.215 may be released and discharged by the lien claimant or the agent of the lien claimant by an entry upon the “Index of Liens upon Chattels.”

A person who refuses to discharge a lien after the lien is paid is guilty of a misdemeanor, and upon conviction is punishable by a fine of not more than $500 and in addition is liable in damages to the person injured by the refusal in an amount equal to three times the damage sus…