Title 34, Property

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…

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…

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.

(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 …

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 …

A person who makes a disclosure or performs an act under this chapter shall do so in good faith.

The requirements of this chapter do not affect other obligations for disclosure required by law.

An amendment to a disclosure statement must be in writing.

(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…

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.

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.

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…

(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…

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 …

(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…

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 …

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…

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.

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.

(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 …

(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…

(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…

(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…

(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…

(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…

(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 …

(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…

(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 …

(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…

(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…

(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…

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…

(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) …

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.

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…

This chapter may be cited as the Alaska Community Property Act.

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…

(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…

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.

(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…

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 …

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) “…

This chapter may be cited as the Good Funds Act.

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…

(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…

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…