Title 40 — Public Records and Recorders
9 chapters · 82 sections in this title.
AS 40.05.010 Purpose.
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The purpose of this chapter is to enable the Department of Natural Resources to accumulate and disseminate information on the status of mining ground in the performance of its prescribed duties.
AS 40.05.020 Reports of instruments affecting mining properties.
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The recorder of each recording district shall prepare and forward to the Department of Natural Resources, by the 10th day of each month, a copy of each new mining claim, mining leasehold, prospecting site location certificate, or other document indexed by the recorder as a mining…
AS 40.05.030 Duplicate copies required. [Repealed, § 14 ch 119 SLA 1996.]
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[Repealed or reserved.]
AS 40.15.010 Approval, filing, and recording of subdivisions.
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Before the lots or tracts of any subdivision or dedication may be sold or offered for sale, the subdivision or dedication shall be approved by the authority having jurisdiction, as prescribed in this chapter and shall be filed and recorded in the office of the recorder. The recor…
AS 40.15.020 Plats to be acknowledged and contain certificate that taxes and assessments are paid.
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Every plat shall be acknowledged before an officer authorized to take acknowledgment of deeds. A certificate of acknowledgment shall be endorsed on or annexed to the plat and recorded with it. A person filing and recording a plat, map, subdivision, or replat of property, or vacat…
AS 40.15.030 Dedication of streets, alleys, and thoroughfares.
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When an area is subdivided and a plat of the subdivision is approved, filed, and recorded, all streets, alleys, thoroughfares, parks and other public areas shown on the plat are considered to be dedicated to public use.
AS 40.15.040 Certified copy of plat as evidence.
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A copy of a plat certified by the recorder of the recording district in which it is filed or recorded as a true and complete copy of the original filed or recorded in the recording office for the district is admissible in evidence in all courts in the state with the same effect a…
AS 40.15.050 Plats legalized.
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All plats filed or recorded with the recorder before March 30, 1953, whether executed and acknowledged in accordance with this chapter or not, are validated and all streets, alleys, or public thoroughfares shown on these plats are considered to be dedicated to public use. The las…
AS 40.15.060 Missing plats.
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Article 2. Control of Plats, Subdivisions, and Dedications. When a filed or recorded plat is missing and a present record is not available except by reference to the missing plat, a counterpart copy approved by the platting authority may be filed and recorded as of the original d…
AS 40.15.070 Platting authority.
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(a) If land proposed to be subdivided or dedicated is situated within a municipality that has the power of land use regulation and that is exercising platting authority, the proposed subdivision or dedication shall be submitted to the municipal platting authority for approval. A …
AS 40.15.075 Authority in the unorganized borough and third class boroughs. [Repealed, § 12 ch 40 SLA 1998.]
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[Repealed or reserved.]
AS 40.15.080 Secs. 40.15.080 , 40.15.090. Procedure on plats; waiver. [Repealed, § 69 ch 69 SLA 1970.]
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[Repealed or reserved.]
AS 40.15.100 Secs. 40.15.100 — 40.15.180. Information required; penalties; vacation and change of plats and streets. [Repealed, § 1 ch 118 SLA 1972.]
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Article 3. Applicability.
AS 40.15.190 [Renumbered as AS 40.15.290.]
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[Repealed or reserved.]
AS 40.15.200 Application to state and political subdivisions.
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All subdivisions of land made by the state, its agencies, instrumentalities, and political subdivisions are subject to the provisions of AS 40.15.010 — 40.15.200 and AS 29.40.070 — 29.40.160, or home rule ordinances or regulations governing subdivisions, and shall comply with ord…
AS 40.15.290 Definitions. [Repealed, § 12 ch 40 SLA 1998.]
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Article 4. Platting in Areas Outside Certain Municipalities.
AS 40.15.300 Purposes of AS 40.15.300 — 40.15.380.
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The purposes of AS 40.15.300 — 40.15.380 are to provide the public with an improved mechanism for the recording of plats for subdivisions in areas of the state identified in AS 40.15.305(a) and to ensure that provision has been made for access to those subdivisions. AS 40.15.300 …
AS 40.15.305 Examination of plats before recording.
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(a) The commissioner shall exercise the platting authority for the state except within a municipality that has the power of land use regulation and that is exercising platting authority. (b) The commissioner shall review and approve each plat under AS 40.15.300 — 40.15.380 before…
AS 40.15.310 Requirements for plat approval.
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(a) Each plat must show on its face a certificate of ownership, with the names and addresses of each owner listed. Each owner of record shall sign the certificate, and the signatures shall be acknowledged. (b) The surveyor preparing the plat shall sign and affix the seal of the s…
AS 40.15.320 Monuments.
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(a) In a subdivision with five or fewer lots, the existence of at least a 5/8 inch by 24 inch rebar and cap monument at controlling exterior corners of the subdivision shall be established by the surveyor. (b) In a subdivision of more than five lots, each interior corner shall be…
AS 40.15.330 Plat standards.
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The commissioner shall establish plat standards by regulation.
AS 40.15.340 Engineering standards.
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Except for subdivisions of state land, the commissioner may not establish engineering standards for subdivisions.
AS 40.15.350 Certified copy of plat as evidence.
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A copy of a plat certified by the recorder of the recording district in which it is filed or recorded as a true and complete copy of the original filed or recorded in the recording office for the district is admissible in evidence in all courts in the state with the same effect a…
AS 40.15.360 Applicability.
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The provisions of AS 40.15.300 — 40.15.380 do not apply to maps, site plans, or other graphic representations prepared for (1) the purpose of transferring a leasehold interest; the extraction of natural resources; or solely for the issuance of licenses or permits; or (2) disposin…
AS 40.15.370 Regulations.
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The commissioner may adopt regulations to implement the provisions of AS 40.15.300 — 40.15.380, but only those that are necessary and that are in accordance with the purposes stated in AS 40.15.300.
AS 40.15.380 Applicability to governmental bodies; right-of-way acquisition plats.
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Article 5. General Provisions. (a) Except as provided in this section and AS 40.15.305(g), AS 40.15.300 — 40.15.380 apply to the state, its agencies, instrumentalities, and political subdivisions in the same manner and to the same extent that they apply to other landowners. (b) A…
AS 40.15.900 Definitions.
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In this chapter, (1) “commissioner” means the commissioner of natural resources; (2) “monument” means a fixed physical object marking a point on the surface of the earth used to commence or control a survey or to establish a lot corner; (3) “plat” means a map or delineated repres…
AS 40.17.010 Place of recording and access to records.
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(a) The Department of Natural Resources shall provide at each public office designated by the department (1) the documents and indices or alternative document retrieval system of the recording district or districts served by that public office; (2) a machine, device, or system wi…
AS 40.17.020 Recording conveyances.
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(a) A conveyance that is eligible for recording under AS 40.17.030 and 40.17.110 may be offered for recording only in the recording district in which land affected by the conveyance is located. If land affected by the conveyance is located in more than one recording district, an …
AS 40.17.030 Formal requisites for recording.
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(a) Except as provided in (b), (c), and (e) of this section, to be eligible for recording, a document must (1) contain original signatures; original signatures may be provided in electronic form; (2) be legible or capable of being converted into legible form by a machine or devic…
AS 40.17.035 Recording criteria.
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When determining whether a document may be recorded, the recorder may not (1) consider whether the contents of the document are legally sufficient to achieve the purposes of the document; (2) reject a document because the document (A) does not satisfy the current requirements for…
AS 40.17.040 Indexing.
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(a) The recorder shall maintain an index system for recorded documents in the manner prescribed by regulations adopted by the department. The system shall be designed so the public may find documents by location and by names of grantors and grantees, and the system may include ot…
AS 40.17.050 Incorporation of master form.
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A recorded master form, or a numbered paragraph of it, may be incorporated by reference in a recorded document by referring to the form by its recording information and the number of the paragraph to be incorporated. The reference has the same effect as if the master form or the …
AS 40.17.060 Documents executed under former law.
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If a document was executed in accordance with the law in effect at the time the document was executed, the document remains recordable regardless of later amendments to the law changing the manner in which that document is to be executed.
AS 40.17.070 Duties of recorder; time recording is effective.
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(a) The recorder shall promptly record all documents presented that are recordable under AS 40.17.030 and 40.17.110. (b) The recorder shall maintain in the central recording office a daily log and index for recorded documents. (c) As a document is recorded, the recorder shall ind…
AS 40.17.075 Account.
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Under AS 37.05.146(c), fees for services of the recorder collected under this chapter shall be accounted for separately, and appropriations from the account are not made from the unrestricted general fund.
AS 40.17.080 Effect of recording on title and rights; constructive notice.
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(a) Subject to (c) and (d) of this section, from the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers and holders of …
AS 40.17.090 Conveyances and recorded documents as evidence.
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(a) A conveyance that is acknowledged, proven, or certified under AS 34.15.150 — 34.15.250 is admissible as evidence of the conveyance without further proof. (b) An acknowledged and recorded signed document relating to title to real property creates presumptions with respect to t…
AS 40.17.100 Recording a reconveyance.
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When the parties to a recorded conveyance absolute in its terms intend it to serve only as security for repayment of a debt, the conveyance is absolute as to all persons who rely upon it in good faith and for value before a reconveyance is recorded.
AS 40.17.110 Documents eligible for recording.
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(a) Subject to (b) — (d) of this section, a document that meets the requisites for recording under AS 40.17.030 may be recorded. (b) If the document to be recorded is a conveyance, power of attorney, contract for the sale or purchase of real property, or option for the purchase o…
AS 40.17.120 Recording memorandum of lease.
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(a) Recording a memorandum of lease substantially complying with (b) of this section has the same effect as recording the lease. (b) A memorandum of lease is a document signed by the lessor and lessee and containing a reference to an unrecorded lease, sublease, or agreement to le…
AS 40.17.125 Recording affidavits related to manufactured homes.
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(a) A recorder shall record an affixation affidavit and a severance affidavit if the affidavit meets the requirements for recording under AS 40.17.030 and is offered for recording in the recording district where the real property to which the manufactured home affixed is located.…
AS 40.17.130 Action against recorder and state.
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If the recorder fails to record and index a document properly, the recorder may be compelled to record and index the document properly by an action filed in the superior court.
AS 40.17.140 Application of electronic provisions.
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(a) The provisions of AS 09.80 (Uniform Electronic Transactions Act) apply to this chapter. (b) In applying this chapter, the department shall accept notarial acts performed for remotely located individuals under AS 44.50.075.
AS 40.17.900 Definitions.
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[Repealed or reserved.]
AS 40.19.010 Applicability.
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The provisions of this chapter apply to federal tax liens and to other federal liens notice of which under an Act of Congress or a regulation adopted under the authority of an Act of Congress is required or permitted to be filed or recorded in the same manner as a notice of feder…
AS 40.19.020 Place of recording.
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(a) Notices of liens, certificates, and other notices affecting a federal tax lien or other federal lien shall be recorded under this chapter. (b) Notices of lien upon real property for obligations payable to the United States and certificates and notices affecting the lien shall…
AS 40.19.030 Execution of notices and certificates.
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Certification of notices of lien, certificates, or other notices affecting federal liens by the United States Secretary of the Treasury or by the designee of the United States Secretary of the Treasury, or by an official or entity of the United States responsible for filing, reco…
AS 40.19.040 Duties of recorder.
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(a) If a notice of federal lien, a rerecording of notice of federal lien, or a notice of revocation of a certificate described in (b) of this section is presented to the recorder under AS 40.17, the recorder shall endorse on the notice an identification and the date and time of r…
AS 40.19.050 Uniformity of application and construction.
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To the extent the provisions of this chapter follow the Uniform Federal Lien Registration Act (1978) they shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of this chapter among the states enacting it.