Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.35.118 Claimant liability. [Repealed, § 18 ch 102 SLA 1986.]
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[Repealed or reserved.]
AS 34.35.119 Waiver of liens on unsold common interest community units.
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(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…
AS 34.35.120 Definitions.
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Article 3. Mines and Wells. 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 s…
AS 34.35.125 Liens on mines and oil wells.
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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…
AS 34.35.130 Lien on mill or machine.
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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…
AS 34.35.135 Priority.
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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…
AS 34.35.140 Lien on dump or mass of mineral.
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(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…
AS 34.35.145 Extent of liens.
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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…
AS 34.35.150 Labor deemed performed at instance of owner, mortgagee, or lien claimant.
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(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…
AS 34.35.155 Liens not exclusive.
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(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…
AS 34.35.160 Claim of lien.
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(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…
AS 34.35.165 Duration of lien.
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(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…
AS 34.35.170 Definitions.
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Article 4. Improvement of Chattels. (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 …
AS 34.35.175 Improvement lien on personal property.
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(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…
AS 34.35.180 Chattel lien; surrender of possession.
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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…
AS 34.35.185 Lien notice.
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(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…
AS 34.35.190 Duty of recorder.
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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…
AS 34.35.195 Persons considered owner of chattel.
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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)…
AS 34.35.200 Priority.
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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…
AS 34.35.205 Duration of lien.
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(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…
AS 34.35.210 Release or discharge of lien.
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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.”
AS 34.35.215 Penalty for refusal to discharge lien.
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Article 5. Transportation, Storage, and Agistment. 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 refus…
AS 34.35.220 Persons entitled to carrier, warehouse, and livestock liens.
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The following persons have liens on personal property for their just and reasonable charges for the labor, care, and attention provided and the food furnished, and may retain possession of the property until the charges are paid: (1) a person who is a common carrier, or who, at t…
AS 34.35.225 Sale to enforce lien.
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Article 6. Timber and Lumber. (a) If just and reasonable charges are not paid within three months after the care, attention, and labor is performed or food is furnished, the person having the lien may proceed to sell at public auction, as provided in AS 34.35.175, the property me…
AS 34.35.230 Construction.
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The purpose of AS 34.35.230 — 34.35.315 is remedial to secure laborers, contractors, and subcontractors the amount due them for labor performed in producing, or furnishing lumber. AS 34.35.230 — 34.35.315 shall be liberally construed to effect this purpose.
AS 34.35.235 Persons entitled to timber lien.
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(a) The following persons shall have liens upon timber for the work done upon, or in obtaining or securing, or for services rendered in towing, transporting, hauling, or driving it: (1) a person who performs labor upon, or who assists in obtaining or securing timber; (2) the owne…
AS 34.35.240 Lien claim.
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(a) A person who claims a lien under AS 34.35.235 within 60 days after the completion of the service or after the close of the work must record a claim with the recorder of the recording district in which the timber is cut. (b) The claim must contain (1) a statement of the demand…
AS 34.35.245 Landowner's lien for timber.
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A person who permits another to go upon the person's land and cut timber has a lien upon the timber for the price agreed to be paid for the privilege, or for the price the privilege would reasonably be worth if there is no express agreement fixing the price.
AS 34.35.250 Landowner's lien claim.
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(a) A person who claims a lien under AS 34.35.245 must record, within 90 days from the cutting of the timber, a claim with the recorder of the recording district in which the saw timber is cut. (b) The claim must be in substance the same as provided in AS 34.35.240 and must be ve…
AS 34.35.255 Priority.
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(a) Liens under AS 34.35.230 — 34.35.315 are preferred liens and are prior to other liens. A sale or transfer of timber does not divest a lien on it under AS 34.35.230 — 34.35.315. (b) As between liens under AS 34.35.230 — 34.35.315 those for work and labor are preferred. (c) As …
AS 34.35.260 Duration of lien.
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(a) A lien under AS 34.35.230 — 34.35.315 does not bind property for more than six months after notice of the lien is recorded, unless suit is brought to enforce the lien in the proper court within that time or if credit is given, within six months after the expiration of the cre…
AS 34.35.265 Enforcement of lien against manufactured product.
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(a) The lien provided for saw logs and shingle bolts is not released or lost by the manufacture of the saw logs or shingle bolts into lumber or shingles, and the lien may be enforced against the lumber and shingles manufactured from them. (b) A lien may not be acquired upon or en…
AS 34.35.270 Commissioner of public safety as receiver.
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(a) The commissioner of public safety or a peace officer designated by the commissioner shall be the receiver, when one is appointed, and the superior court, upon a showing made, shall appoint the receiver, without notice. (b) The receiver is entitled to fees which seem just to t…
AS 34.35.275 Bona fide purchasers.
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The court shall conclusively presume that a party purchasing the property liened upon within the 60 days given to claimants to record their liens is not an innocent third party and is not a bona fide owner of the property, unless it appears that (1) the purchaser has paid full va…
AS 34.35.280 Enforceability.
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(a) The following persons may demand that a lien under AS 34.35.230 — 34.35.315 be enforced: (1) a person who brings an action to enforce the lien; or (2) a person who has a lien under AS 34.35.230 — 34.35.315, and who is made a party to an action to enforce a lien under those se…
AS 34.35.285 Contractor's lien.
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A person who, as a contractor, supplies lumber under a contract is entitled to the lien under AS 34.35.230 — 34.35.315 to the amount due on the contract. However, the lien is subject and subsequent to the liens of the laborers under AS 34.35.230 — 34.35.315 for the amounts due th…
AS 34.35.290 Order of sale before judgment.
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(a) The court or judge may in vacation, upon motion supported by affidavit showing that the property is liable to loss or destruction, order that property subject to a lien under AS 34.35.230 — 34.35.315 be sold by the peace officer before judgment is rendered, as personal proper…
AS 34.35.295 Liability for injuring property or destroying identity.
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(a) A person who eloigns, injures, or destroys or who makes difficult, uncertain, or impossible the identification of timber upon which there is a lien under AS 34.35.230 — 34.35.315, without the express consent of the lienholder, is liable to the lienholder for the damages to th…
AS 34.35.300 Lien for manufacturing.
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(a) A person who performs work or assists in manufacturing timber into lumber has a lien upon the lumber while it remains at the mill where it is manufactured, or in the possession or under the control of the manufacturer, whether the work is done at the instance of the owner of …
AS 34.35.305 Manufacturing lien claim.
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(a) A person who desires to claim the benefit of AS 34.35.300 shall, within 60 days after the close of the service mentioned in that section, record with the recorder of the recording district where the lumber is manufactured, a notice of claim of lien. (b) The notice must contai…
AS 34.35.310 Release upon filing bond.
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(a) After a lien attaches to property mentioned in AS 34.35.230 — 34.35.315, the owner of the property or a person on behalf of the owner may file with the clerk of the superior court in the judicial district in which the property is located a bond (1) in a sum double the amount …
AS 34.35.315 Definitions.
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Article 7. Fish Packers and Processors. In AS 34.35.230 — 34.35.315, (1) “lumber” includes timber, or lumber or shingles manufactured from it; (2) “timber” includes saw logs, piles, spars, cordwood, fuelwood, shingle bolts, or other timber.
AS 34.35.320 Packer's and processor's lien.
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(a) A person who contributes to the preparation of fish or aquatic animals for food, fish, meal, fertilizer, oil, or other article of commerce by furnishing material or labor for it has a lien for the value of the labor and material upon (1) the product or output of the cannery, …
AS 34.35.325 Time limit.
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The person performing the service or doing the work or furnishing the material mentioned in AS 34.35.320 is only entitled to a lien under AS 34.35.320 — 34.35.390 for service, work, or material furnished for the six months, or a shorter period, preceding the recording of a claim …
AS 34.35.330 Lien claim.
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(a) A person who claims the benefit of AS 34.35.320 — 34.35.390 shall, within 90 days after the completion of the work or the furnishing of material mentioned in AS 34.35.320, record a claim of lien in the recorder's office of the recording district where (1) the product or outpu…
AS 34.35.335 Extent of lien.
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A lien under AS 34.35.320 — 34.35.390 binds all the right, title, and interest of the person at whose instance or request or for whom the work is performed or material furnished, to the full extent of the interest that the person has at the commencement of the work or at the time…
AS 34.35.340 Priority.
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(a) A lien under AS 34.35.320 — 34.35.390 is preferred, prior, and superior to a mortgage, attachment, claim, or demand made or recorded in the recorder's office of the recording district where the property subject to the lien is located after (1) the commencement of the work for…
AS 34.35.345 Duration of lien.
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(a) A lien under AS 34.35.320 — 34.35.390 does not bind the property for more than six months after the lien is recorded, unless suit is brought before the proper court within that time to enforce the lien or if credit is given, within six months after the expiration of the credi…
AS 34.35.350 Commissioner of public safety as receiver.
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(a) The commissioner of public safety or a peace officer designated by the commissioner is the receiver, when one is appointed, and the superior court upon a showing made may appoint the receiver without notice. (b) The receiver is entitled to the fees that seem just to the court…
AS 34.35.355 Bona fide purchasers.
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The court shall conclusively presume that a party who purchases property on which a lien is claimed, within the time allowed for the filing of the lien, is not an innocent purchaser for value and is not a bona fide owner of the property subject to the lien, unless it appears that…