Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.35.360 Enforcement against whole or part of property.
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(a) A person who brings a suit to enforce the lien, or a person having a lien, who is made a party to the action, may demand that the lien be enforced against the whole or a part of the property upon which the person performs labor or for which the person furnishes material. (b) …
AS 34.35.365 Property to be sold before judgment.
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When it appears, during the term or in vacation, that the property is liable to loss or destruction, the court shall order it sold, free of the lien, by a peace officer, in the manner provided for the sale of personal property under execution, before judgment is rendered. The pro…
AS 34.35.370 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 a property on which there is a lien under AS 34.35.320 — 34.35.390, without the written consent of the lienholder, is liable to the lienholder for the damages to…
AS 34.35.375 Release upon filing bond.
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(a) After a lien attaches upon property mentioned in AS 34.35.320 — 34.35.390, 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 amou…
AS 34.35.380 Misdemeanor to remove lien property from state.
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A person who removes or has removed from the state fish, fish products, or the products of an aquatic animal, or fishing appliances, upon which there is a lien or right of lien under AS 34.35.320 — 34.35.390, unless a bond under AS 34.35.375 is filed, is guilty of a misdemeanor, …
AS 34.35.385 Embezzlement of lien property.
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(a) A person who sells or otherwise disposes of fish or the products of fish or aquatic animals or other property upon which there is a lien under AS 34.35.320 — 34.35.390 is a trustee for the lien claimant of the consideration received or promised to be paid for the property and…
AS 34.35.390 Written statements to employees.
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Article 8. Fishermen's Lien. (a) When a person employs another to work at a cannery, saltery, or other plant or establishment in this state for the catching or preparation of fish or aquatic animals for food, fish meal, fertilizer, oil, or other articles of commerce, and the plan…
AS 34.35.391 Fishermen's lien.
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Article 9. Watchmen. (a) A person who sells fish to a fish processor as defined in AS 16.10.296, or to a primary fish buyer as defined in AS 16.10.296, or to a cooperative corporation organized under AS 10.15, and receives a fish ticket or a record of purchase as described in AS …
AS 34.35.395 Watchman's lien.
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A person employed as watchman for real or personal property has a lien upon the property for the wages or salary earned as a watchman for the property.
AS 34.35.400 Services or work covered by lien.
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The person performing the services or doing the work named in AS 34.35.395 is only entitled to a lien under AS 34.35.395 — 34.35.425 for services or work for the nine months or a shorter period preceding the recording of the claim of lien under AS 34.35.405.
AS 34.35.405 Lien claim.
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(a) A person who claims a lien under AS 34.35.395 — 34.35.425 shall, within 90 days after the completion of the services or the cessation of the labor, record a claim of lien in the recorder's office of the recording district in which the property is located. (b) The lien claim m…
AS 34.35.410 Recording and indexing claim.
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(a) The recorder shall record the lien claim in a record book or computer-readable medium kept for that purpose. The record book shall be indexed. (b) The recorder is entitled to receive the same fees allowed by law for recording deeds and other instruments.
AS 34.35.415 Duration of lien.
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(a) A lien under AS 34.35.395 — 34.35.425 does not bind property for more than six months after the lien is recorded, unless suit is brought before the proper court to enforce the lien within that time or if credit is given, within nine months after the expiration of the credit. …
AS 34.35.420 Extent of lien.
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The lien provided in AS 34.35.395 — 34.35.425 binds all the right, title, and interest of the person at whose instance or request or for whom the work or services are performed, to the full extent of the interest that the person has at the commencement of the work or services for…
AS 34.35.425 Priority.
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Article 10. Attorneys. (a) A lien under AS 34.35.395 — 34.35.425 is preferred, prior, and superior to a mortgage, attachment, claim, or demand made or recorded in the recorder's office of the recording district in which the property is located, after the commencement of the work …
AS 34.35.430 Attorney's lien.
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(a) An attorney has a lien for compensation, whether specially agreed upon or implied, as provided in this section (1) first, upon the papers of the client that have come into the possession of the attorney in the course of the professional employment; (2) second, upon money in t…
AS 34.35.435 Lien for wages.
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When a clerk, accountant, bookkeeper, waiter, waitress, cook, maid, porter, servant, employee, artisan, craftsman, factory operator, mill operator, mechanic, quarryman, common laborer, or farmhand labors or performs a service in an office, store, hotel, rooming house, boardinghou…
AS 34.35.440 Fixing the lien.
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(a) When a person or an agent, receiver, or trustee of the person, fails or refuses to make wage payments as prescribed by law or agreement between the parties, the employee who has performed the service shall make an account of service, showing the amount due the employee for th…
AS 34.35.445 Duration of lien.
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Article 12. Hospitals, Physicians, and Nurses. (a) The lien created by AS 34.35.435 — 34.35.445 is not operative for more than six months after the lien is recorded and indexed, unless suit to enforce the lien is brought before the proper court within that time or if a credit is …
AS 34.35.450 Hospital's, physician's, and nurse's lien.
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(a) An operator of a hospital in the state, a licensed special nurse in a hospital in the state, or a physician who furnishes service to a person who has a traumatic injury has a lien upon any sum awarded to the injured person or the personal representative of the injured person …
AS 34.35.455 Limitation on extent of lien.
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Except as otherwise provided, a lien under AS 34.35.450 — 34.35.480 may not be allowed for hospitalization or the services of a physician or licensed special nurse furnished after a settlement is made by or on behalf of the person causing the injury unless the settlement is made …
AS 34.35.460 Notice of lien.
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(a) To perfect the lien described in AS 34.35.450 — 34.35.480, the hospital or the owner or operator of the hospital, or the physician or licensed special nurse, shall, not later than 90 days after the date of injury, or in no event later than 90 days after the discharge of the i…
AS 34.35.465 Form of notice.
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The form of notice required by AS 34.35.450 — 34.35.480 shall be substantially as follows: NOTICE is hereby given that .................................. has rendered services for hospitalization, physician services, or special nurses' services for ...............................…
AS 34.35.470 Lien docket. [Repealed, § 7 ch 135 SLA 1996.]
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[Repealed or reserved.]
AS 34.35.475 Settlement after notice.
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(a) A person or insurer is liable to a hospital, physician, or nurse, in the amount that the hospital, physician, or nurse is entitled to receive, for 180 days after the date of a payment to the injured person, the heirs of the injured person, personal representatives, or the att…
AS 34.35.480 Enforcement of lien.
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(a) A lien under AS 34.35.450 — 34.35.480 may be foreclosed or enforced by an action brought by the claimant, a representative, or assignee within one year after the filing of the lien. (b) In the action, upon entering a decree for the plaintiff, the court shall allow as part of …
AS 34.35.481 Priority of liens.
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A lien perfected by the Department of Health under AS 47.05.075 has priority immediately after a lien perfected by a hospital, nurse, or physician under AS 34.35.450 — 34.35.480.
AS 34.35.482 Definition.
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In AS 34.35.450 — 34.35.482, “physician” means a person licensed as a chiropractor under AS 08.20 or a person licensed as a doctor of medicine under AS 08.64.
AS 34.35.485 Secs. 34.35.485 — 34.35.500. [Renumbered as AS 34.35.900 — 34.35.930.]
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Article 13. Hotels and Boardinghouses.
AS 34.35.510 Hotel and boardinghouse operator's liens.
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The operator of a hotel or boardinghouse has a lien upon, and may retain, all baggage and other property lawfully in the possession of a guest for all proper charges owed by the guest to the hotel or boardinghouse operator. However, this section does not apply when the baggage or…
AS 34.35.520 Disposition of property to satisfy liens.
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(a) If a lien under AS 34.35.510 is not satisfied within 60 days after the charges become due, the hotel or boardinghouse operator may proceed to sell the baggage or other property held under the lien at public auction. Ten days before the sale the hotel or boardinghouse operator…
AS 34.35.530 Definitions.
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Article 14. Miscellaneous Provisions. In AS 34.35.510 — 34.35.530, (1) “guest” includes every person who is a member of the family of, or dependent upon, a guest, boarder, or lodger in a hotel or boardinghouse; (2) “hotel or boardinghouse” includes any building held out to the pu…
AS 34.35.900 Acknowledgment of satisfaction.
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(a) When a lien is satisfied by payment, an acknowledgment of satisfaction suitable for recordation shall be delivered to all parties to the lien by the lien claimant. The acknowledgment of satisfaction shall be delivered immediately upon payment by tender of cash in satisfaction…
AS 34.35.910 Employment considered continuous.
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(a) The fact that a lien claimant is employed at different kinds of labor or at different rates of wages during the period of general employment is not considered an interruption of the continuity of employment. (b) A temporary cessation of employment of the lien claimant under a…
AS 34.35.920 Waiver of lien.
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Except as provided under AS 34.35.117 and 34.35.119, an agreement by a person mentioned in AS 34.35.010 — 34.35.425 to waive the right to acquire a lien provided in AS 34.35.010 — 34.35.425 is invalid.
AS 34.35.930 Liberal construction of chapter.
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The intent of this chapter is remedial and its provisions shall be liberally construed.
AS 34.35.950 Nonconsensual common law liens.
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(a) A nonconsensual common law lien is invalid unless the lien is authorized by an order of a court of competent jurisdiction recognized under state or federal law. (b) A person may not submit a nonconsensual common law lien under AS 40.17 to the recorder in order to record the l…
AS 34.40.010 Invalidity generally.
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Except as provided in AS 34.40.110, a conveyance or assignment, in writing or otherwise, of an estate or interest in land, or in goods, or things in action, or of rents or profits issuing from them or a charge upon land, goods, or things in action, or upon the rents or profits fr…
AS 34.40.020 Invalidity as against purchasers.
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A conveyance of an interest in land, or the rents or profits of it, or a charge upon land or upon the rents and profits thereof, that is made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the land, rents, or profits, as again…
AS 34.40.030 Purchasers with notice.
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A conveyance or charge is not considered fraudulent in favor of a subsequent purchaser who has actual or legal notice of it at the time of the purchase, unless it appears that the grantee in the conveyance, or person to be benefited by the charge, was privy to the fraud intended.
AS 34.40.040 Invalidating effect of provision for revocation, determination, or alteration.
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A conveyance or charge of or upon an estate or interest in land containing a provision for the revocation, determination, or alteration of the estate or interest, or a part of it, at the will of the grantor, is void as against subsequent purchasers from the grantor for a valuable…
AS 34.40.050 Conveyance in exercise of power to revoke and reconvey.
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Where a power to revoke a conveyance of land, or the rents and profits from it, and to reconvey the land or the rents and profits is given to a person other than the grantor in the conveyance, and the person subsequently conveys the land, rents, or profits to a purchaser for a va…
AS 34.40.060 Conveyance before accrual of right to execute power of revocation.
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If a conveyance to a purchaser under either AS 34.40.040 or 34.40.050 is made before the person making the conveyance is entitled to execute the power of revocation, it nevertheless is valid from the time the power of revocation actually vests in the person, in the same manner an…
AS 34.40.070 Requirement of writing for grant or assignment of trust.
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A grant or assignment of an existing trust in land, goods, or things in action, unless the grant or assignment is in writing, subscribed by the person making it, or a lawfully authorized agent of the person, is void.
AS 34.40.080 Invalidity against heirs, successors, representatives, or assigns.
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A conveyance, charge, instrument, or proceeding declared by law to be void as against the creditors, purchasers, or mortgagees is equally void as against the heirs, successors, personal representatives, or assigns of the creditors, purchasers, or mortgagees.
AS 34.40.090 Fraudulent intent question of fact.
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The question of fraudulent intent in a case arising under the provisions of this chapter is a question of fact, and not of law.
AS 34.40.100 When title of purchaser for value not affected.
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The provisions of AS 34.40.010 and 34.40.070 — 34.40.130 may not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration unless it appears that the purchaser had previous notice of the fraudulent intent of the purchaser's immediate gra…
AS 34.40.110 Restricting transfers of trust interests.
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(a) A person who in writing transfers property in trust may provide that the interest of a beneficiary of the trust, including a beneficiary who is the settlor of the trust, may not be either voluntarily or involuntarily transferred before payment or delivery of the interest to t…
AS 34.40.113 Discretionary interests in irrevocable trusts.
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(a) This section applies to a creditor's claim with respect to a discretionary interest in an irrevocable trust unless the trust instrument provides otherwise. (b) A discretionary interest in an irrevocable trust is not a property interest or an enforceable right. It is an expect…
AS 34.40.115 Subjecting appointed property to claims of donee's creditor.
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The property that a donee of a power of appointment is authorized to appoint is not subject to the claims of the creditors of the donee except to the extent that a donee of an inter vivos or testamentary power of appointment (1) is permitted by the donor of the power to appoint t…