Title 34 — Property
24 chapters · 562 sections in this title.
AS 34.65.050 When record of survey is not required.
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A record of survey is not required for a survey (1) made by the Bureau of Land Management; (2) when a plat of the survey has been recorded or will be recorded within 18 months after the field survey is completed.
AS 34.65.060 Duties of the commissioner.
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(a) The commissioner shall adopt regulations to implement this chapter. (b) The commissioner shall provide a standard form for a monument record.
AS 34.65.070 Duties of the district recorder.
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[Repealed or reserved.]
AS 34.65.100 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of natural resources; (2) “land surveyor” means a professional land surveyor licensed under AS 08.48; (3) “monument” means (A) a United States public land survey monument; (B) an Alaska state land survey primary monument;…
AS 34.70.010 Disclosures in residential real property transfers.
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Before the transferee of an interest in residential real property makes a written offer, the transferor shall deliver by mail or in person a completed written disclosure statement in the form established under AS 34.70.050. Delivery to the spouse of the transferee constitutes del…
AS 34.70.020 Termination of offer.
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If a disclosure statement or material amendment is delivered to the transferee after the transferee has made a written offer, the transferee may terminate the offer by delivering a written notice of termination to the transferor or the transferor's agent within three days after t…
AS 34.70.030 Liability after disclosure.
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A transferor is not liable for a defect or other condition in the real property or the real property interest being transferred if the transferor discloses the existence of the defect or condition in the disclosure statement.
AS 34.70.040 Subsequent events and approximations.
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(a) If information in a disclosure statement becomes inaccurate as a result of an act or agreement after the disclosure statement is delivered to the transferee, the resulting inaccuracy does not violate this chapter and the transferor is required to deliver an amendment for the …
AS 34.70.050 Form of disclosure statement.
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The Real Estate Commission established under AS 08.88.011 shall establish the form of the disclosure statement required by AS 34.70.010. The disclosure statement must include a provision that notifies transferees (1) that they are responsible for determining whether a person who …
AS 34.70.060 Good faith.
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A person who makes a disclosure or performs an act under this chapter shall do so in good faith.
AS 34.70.070 Effect on other required disclosures.
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The requirements of this chapter do not affect other obligations for disclosure required by law.
AS 34.70.080 Written amendment.
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An amendment to a disclosure statement must be in writing.
AS 34.70.090 Failure to comply.
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(a) A transfer that is subject to this chapter is not invalidated solely because a person fails to comply with this chapter. (b) A person who negligently violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for the amount of the ac…
AS 34.70.110 Waiver by agreement.
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This chapter does not apply to the transfer of an interest in residential real property if the transferor and transferee agree in writing that the transfer will not be covered under this chapter.
AS 34.70.120 Exemption for first sales.
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This chapter does not apply to the transfer of an interest in residential real property if the transfer is the first transfer of the property and if the property has never been occupied.
AS 34.70.200 Definitions.
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In this chapter, (1) “disclosure statement” means the disclosure statement required by AS 34.70.010; (2) “real property” includes a unit in real property subject to AS 34.07 or AS 34.08; (3) “residential real property” means real property whose primary purpose is to provide a sin…
AS 34.75.010 Limitation on actions arising from noise level.
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(a) Notwithstanding AS 09.45.230, AS 11.61.110, and any other state or municipal law, except (b) of this section and except as may be otherwise provided by federal law, a person may not bring a civil or criminal action against a person who operates or uses a sport shooting facili…
AS 34.75.020 Time limitation on nuisance actions.
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Except as may otherwise be provided by federal law, a person may not bring a nuisance action otherwise allowed under this chapter for the level of noise against a facility unless the action is brought within five years after the facility is established or begins operation or, if …
AS 34.75.030 State and municipal regulation.
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(a) Notwithstanding AS 02.15.020 and AS 02.25.020, the state or a municipality may not regulate the outdoor level of noise at a facility if the facility is exempt from a criminal or civil action under AS 34.75.010(a). (b) Except as otherwise provided in this chapter, a municipali…
AS 34.75.040 Construction and meaning of “substantial change in the use”.
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In this chapter, the phrase “substantial change in the use” shall be strictly construed to maximize the immunity from civil and criminal actions provided under AS 34.75.010 — AS 34.75.020 for sport shooting facilities and private airport facilities. In this chapter, “substantial …
AS 34.75.090 Definitions.
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In this chapter, unless the context indicates otherwise, (1) “airport facility” means an area of land or water that is used or intended for use for the landing and takeoff of aircraft, including appurtenant areas that are used or intended for use as airport buildings or rights-of…
AS 34.77.010 Good faith requirement.
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A spouse shall act in good faith with respect to the other spouse in matters involving community property. The obligation under this section may not be varied by a community property agreement or a community property trust.
AS 34.77.020 Variation by marital property agreement.
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Except as provided in AS 34.77.010, 34.77.070(h), 34.77.080(b), and 34.77.090(c), a community property agreement or a community property trust may vary the effect of this chapter.
AS 34.77.030 Classification of property of spouses.
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(a) Except for property that is classified otherwise in this chapter, property of spouses is community property under this chapter only to the extent provided in a community property agreement or a community property trust. (b) If a community property agreement provides that all …
AS 34.77.040 Management and control of property of spouses.
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(a) A spouse acting alone may manage and control (1) that spouse's property that is not community property; (2) except as provided in (c) of this section, community property held in that spouse's name alone or not held in the name of either spouse; (3) a policy of insurance if th…
AS 34.77.050 Gifts of community property to third persons.
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(a) A spouse acting alone may not give to a third person community property that the spouse has the right to manage and control unless the value of the community property given to the third person does not aggregate more than $1,000 in a calendar year, or a larger amount if, when…
AS 34.77.060 Certain property transactions between spouses.
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(a) While both spouses are domiciled in this state, spouses may classify any or all of their property as community property in a community property agreement. (b) Whether or not both, one, or neither is domiciled in this state, spouses may classify any or all of their property as…
AS 34.77.070 Obligations of spouses.
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(a) [Repealed, § 6 ch 80 SLA 2001.] (b) After the determination date, a spouse's obligation to satisfy a duty of support owed to the other spouse or to a child of the marriage may be satisfied only from community property and the other property of the obligated spouse that is not…
AS 34.77.080 Protection of bona fide purchasers dealing with spouses.
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(a) Notice of the existence of a community property agreement, a community property trust, a marriage, or the termination of a marriage does not affect the status of a purchaser as a bona fide purchaser. (b) Community property purchased by a bona fide purchaser from a spouse havi…
AS 34.77.090 Community property agreement.
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(a) A community property agreement must be contained in a written document signed by both spouses and classify some or all of the property of the spouses as community property. It is enforceable without consideration. (b) A community property agreement must contain the following …
AS 34.77.100 Community property trust.
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(a) An arrangement is a community property trust if one or both spouses transfer property to a trust, the trust expressly declares that some or all the property transferred is community property under this chapter, and at least one trustee is a qualified person whose powers inclu…
AS 34.77.110 Forms of holding property.
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(a) Spouses may hold community property in a form that designates the holders of it by the words “(name of one spouse) or (name of other spouse) as community property.” Community property held in this form is subject to AS 34.77.040(a)(6). (b) Spouses may hold community property …
AS 34.77.120 Classification of life insurance policies and proceeds.
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(a) If a policy issuer makes payments or takes actions in accordance with the policy and the issuer's records, the issuer is not liable because of the payments or actions unless, at the time of the payments or actions, the issuer had actual knowledge of inconsistent provisions of…
AS 34.77.130 Mixed property.
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(a) Except as provided otherwise in AS 34.77.110, mixing community property with property having another classification reclassifies the other property as community property unless the component of the mixed property that is not community property can be traced. (b) If a communit…
AS 34.77.140 Interspousal remedies.
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(a) A spouse has a claim against the other spouse for breach of the good faith requirement under AS 34.77.010 resulting in damage to the claimant spouse's present undivided one-half interest in community property. (b) If the spouses have signed a community property agreement or a…
AS 34.77.150 Treatment of certain property at death of spouse.
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If a community property agreement provides that all property acquired by either or both spouses during marriage is community property, at the death of a spouse domiciled in this state, property of the spouse that can be traced to property received by the spouse after the determin…
AS 34.77.155 Division of community property at death.
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(a) Upon the death of a spouse, one-half of the aggregate value of the community property owned by the spouses and by any community property trust established by the spouses reflects the share of the surviving spouse and the other one-half reflects the share of the decedent. (b) …
AS 34.77.160 Uniformity of application and construction.
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This chapter shall be applied and construed to effectuate its general purpose and to make uniform the law with respect to the subject of this chapter among states enacting it.
AS 34.77.900 Definitions.
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In this chapter, (1) “acquire” in relation to property includes obtaining reductions of indebtedness on encumbered property and obtaining a lien on or a security interest in property; (2) “appreciation” means a realized or unrealized increase in the value of property; (3) “commun…
AS 34.77.995 Short Title.
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This chapter may be cited as the Alaska Community Property Act.
AS 34.80.010 Characterization of escrow money.
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The money that is received by a settlement agent for an escrow transaction is not the property of the settlement agent and is not subject to execution, attachment, or other form of collection for a claim against the settlement agent. Escrow money may not be used for a purpose oth…
AS 34.80.020 Segregation and deposit of escrow money.
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(a) A settlement agent shall segregate on the records of the settlement agent the escrow money from one escrow transaction from all other money, including the escrow money of other escrow transactions. Escrow money from more than one escrow transaction may be deposited into a sin…
AS 34.80.030 Interest on escrow money.
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Notwithstanding any other provision of law, interest may not be collected or paid by a settlement agent on money held for an escrow transaction unless authorized in writing by the parties to the escrow transaction, including the settlement agent.
AS 34.80.040 Disbursement of escrow money.
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(a) A settlement agent may not disburse escrow money unless items that are at least equal in value to the proposed disbursements have been received by the settlement agent for the escrow transaction, have been deposited as required by AS 34.80.020(b), and are available for withdr…
AS 34.80.050 Recording, filing, or delivery of escrow transaction documents.
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A settlement agent may not record in the office of the recorder in this state or record in an office in another state that is equivalent to the office of the recorder, file under AS 45.29 in this state or file under an equivalent statute in another state, or deliver a conveyance …
AS 34.80.090 Definitions.
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In this chapter, (1) “depository escrow account” means an account that holds escrow money pending completion of an escrow transaction and that is in a financial institution; (2) “escrow money” means the money that is received by a settlement agent for an escrow transaction; (3) “…
AS 34.80.095 Short title.
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This chapter may be cited as the Good Funds Act.
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…