reglab/statecodes huggingface dataset:
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 1. Form and Effect. › Sec. 34.15.105. Transfer fee covenants prohibited.

(a) A document that conveys real estate may not include a provision that requires a subsequent grantee or grantor to pay a transfer fee to convey the real estate, except a document that conveys real estate may include a provision that requires a transfer fee if the fee is
(1) a loan assumption fee or similar fee charged by a person holding a lien on the property; or
(2) a fee or commission paid to a licensed real estate broker for brokerage services.
(b) In this section, “transfer fee” does not include
(1) a tax, assessment, fee, or charge imposed by a governmental authority;
(2) a recording fee;
(3) a fee payable to a nonprofit, mandatory homeowners' association, condominium association, or cooperative under an applicable declaration or covenant; or
(4) a fee payable to an organization described in 26 U.S.C. 501(c)(3) or (c)(4) (Internal Revenue Code) used exclusively for cultural, educational, charitable, recreational, environmental, conservation, or similar activities that benefit the real estate conveyed.
(c) A provision that violates this section is void.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 1. Form and Effect. › Sec. 34.15.110. Conveyances construed as creating tenancy in common.

(a) A conveyance or devise of land or an interest in land made to two or more persons, other than to executors and trustees, as such, shall be construed to create a tenancy in common in the estate, except as provided in (b) of this section and AS 34.77.100.
(b) A husband and wife who acquire title in real property hold the estate as tenants by the entirety, except as provided by AS 34.77.100 or unless it is expressly declared otherwise in the conveyance or devise. The conveyance shall recite the marital status of the parties acquiring title to the real property.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 1. Form and Effect. › Sec. 34.15.130. Joint tenancy abolished.

Joint tenancy, with the exception of interests in personalty and tenancy by the entirety, is abolished. Except as provided in AS 34.15.110(b) and AS 34.77.100, persons having an undivided interest in real property are considered tenants in common.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 1. Form and Effect. › Sec. 34.15.140. Tenancy by the entirety.

(a) The right to hold an estate in land as tenants by the entirety, with the right of survivorship, is recognized.
(b) [Repealed, § 91 ch 6 SLA 1984.]
(c) The right of a spouse to convey to self and the other spouse as tenants by the entirety, or as tenants in common, is confirmed.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 1. Form and Effect. › Sec. 34.15.145. Solar easement.

(a) An easement obtained for the purpose of protecting the exposure of property to the direct rays of the sun must be created in writing and is subject to the recording requirements for other conveyances of real property.
(b) An instrument creating a solar easement must include, but is not limited to,
(1) the vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property subject to the solar easement;
(2) any terms or conditions under which the solar easement is granted or under which it will be terminated;
(3) any provisions for compensation of the owner of the property benefiting from the solar easement in the event of interference with the enjoyment of the solar easement, or compensation of the owner of the property subject to the solar easement for maintaining the solar easement.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.150. Execution of conveyances.

(a) A conveyance executed in the state of land or an interest in land in the state shall be acknowledged before a person authorized to take acknowledgments in AS 09.63.010 or proved in accordance with AS 34.15.210 or 34.15.220. The officer taking an acknowledgment shall endorse on it a certificate of the acknowledgment of the conveyance and the date of making the acknowledgment.
(b) A conveyance executed before March 12, 1953, in due form but without two witnesses is validated, shall be received in evidence in all courts of the state, and is evidence of the title to the land or interest in land against the grantor and the heirs and assigns of the grantor.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.160. Conveyances executed outside the state.

If a conveyance is executed in a state, territory, or district of the United States, the conveyance may be executed according to the laws of that state, territory, or district, and the execution of the conveyance may be acknowledged under AS 09.63.050 - 09.63.130.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.180. Execution and acknowledgment of conveyance in foreign country.

If a conveyance is executed in a foreign country it may be executed according to the laws of that country and the execution of it acknowledged under AS 09.63.050 - 09.63.130.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.210. Proof by subscribing witness.

(a) Proof of the execution of a conveyance may be made before an officer authorized to take acknowledgment of conveyances, and shall be made by a subscribing witness, who shall state the witness' own place of residence and that the witness knows the person described in and executing the conveyance.
(b) This proof may not be taken unless the officer is personally acquainted with the subscribing witness or has satisfactory evidence that the person is the subscribing witness to the instrument.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.220. Proof of conveyance by handwriting.

When a grantor is dead, out of the state, or refuses to acknowledge the conveyance, and all the subscribing witnesses to the conveyance are also dead or reside out of the state, the conveyance may be proved before the superior court, by proving the handwriting of the grantor and of a subscribing witness to it.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.230. Subpoena of witness.

An officer authorized to take an acknowledgment or proof of conveyance may issue a subpoena requiring a witness to a conveyance to appear and testify before the officer regarding the execution, upon the application of a grantee, or of a person claiming under the grantee, verified by the oath of the applicant, setting out that
(1) the grantor is dead, out of the state, or refuses to acknowledge the conveyance;
(2) a witness to the conveyance refuses to appear and testify regarding the execution of the conveyance; and
(3) the conveyance cannot be proved without the evidence of the witness.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.240. Penalty for refusal to appear or testify.

A person served with a subpoena described in AS 34.15.230 who, without reasonable cause, refuses or neglects to appear, or upon appearing refuses to answer upon oath regarding the execution of a deed, shall forfeit to the injured party $100, and may also be committed to jail for a contempt by the officer who issues the subpoena, to remain in jail until the person submits to answer on oath as required.
2023 Alaska Statutes › Title 34. Property › Chapter 15. Conveyances › Article 2. Acknowledgment and Proof. › Sec. 34.15.250. Endorsement by officer.

An officer taking the proof of a conveyance shall certify it, sign it, and in the certificate shall set out the things required by this chapter to be done, known, or proved, together with the names of the witnesses examined before the officer, their places of residence, and the substance of the evidence given by them.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 1. Uniform Conservation Easement Act. › Sec. 34.17.010. Creation, conveyance, acceptance, and duration.

(a) Except as otherwise provided in AS 34.17.010 - 34.17.060, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.
(b) A right or duty in favor of or against a holder and a right in favor of a person having a third-party right of enforcement may not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.
(c) Except as provided in AS 34.17.020(b), a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides a limitation on duration.
(d) An interest in real property in existence at the time a conservation easement is created is not impaired by the conservation easement unless the owner of the interest is a party to or consents to the conservation easement.
(e) The state or a municipality may not establish a conservation easement on property by eminent domain.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 1. Uniform Conservation Easement Act. › Sec. 34.17.020. Judicial actions.

(a) An action affecting a conservation easement may be brought by
(1) an owner of an interest in the real property burdened by the easement;
(2) a holder of the easement;
(3) a person having a third-party right of enforcement; or
(4) a person authorized by other law.
(b) AS 34.17.010 - 34.17.060 do not affect the power of a court to modify or terminate a conservation easement under the principles of law and equity.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 1. Uniform Conservation Easement Act. › Sec. 34.17.030. Validity.

A conservation easement is valid even though
(1) it is not appurtenant to an interest in real property;
(2) it can be or has been assigned to another holder;
(3) it is not of a character that has been recognized traditionally at common law;
(4) it imposes a negative burden;
(5) it imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) the benefit does not touch or concern real property; or
(7) there is no privity of estate or of contract.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 1. Uniform Conservation Easement Act. › Sec. 34.17.040. Applicability.

(a) AS 34.17.010 - 34.17.060 apply to an interest created on or after May 31, 1989 that complies with AS 34.17.010 - 34.17.060, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.
(b) AS 34.17.010 - 34.17.060 apply to an interest created before May 31, 1989 if the interest would have been enforceable if it had been created after May 31, 1989 unless the retroactive application contravenes the constitution or laws of the state or the United States.
(c) AS 34.17.010 - 34.17.060 do not invalidate an interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under the law of the state.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 1. Uniform Conservation Easement Act. › Sec. 34.17.055. Tort immunity from personal injuries or death arising out of the use of land subject to a conservation easement.

(a) In addition to the immunity provided by AS 09.65.200, an owner of land, a portion of which is subject to a conservation easement that is 50 feet or less in width, that has been granted to and accepted by the state or a municipality, and that provides public access for recreational purposes on the land subject to the conservation easement is not liable in tort, except for an act or omission that constitutes gross negligence or reckless or intentional misconduct, for damages to a person who uses the easement to enter onto or remain on the land if
(1) the person had no responsibility to compensate the owner for the person's use of the easement or the land; and
(2) the damages arise out of the person's use of the easement for recreational purposes on the land.
(b) The immunity under (a) of this section extends to the grantee of the conservation easement providing public access to the land for recreational purposes.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 1. Uniform Conservation Easement Act. › Sec. 34.17.060. Definitions.

In AS 34.17.010 - 34.17.060,
(1) “conservation easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations to retain or protect natural, scenic, or open space values of real property, ensure its availability for agricultural, forest, recreational, or open space use, protect natural resources, maintain or enhance air or water quality, or preserve the historical, architectural, archaeological, or cultural aspects of real property;
(2) “holder” means
(A) a governmental body empowered to hold an interest in real property under the laws of the state or the United States; or
(B) a nonprofit corporation, charitable corporation, charitable association, or charitable trust exempted from taxation under 26 U.S.C. 501(c)(3) and empowered to retain or protect the natural, scenic, or open space values of real property, ensure the availability of real property for agricultural, forest, recreational, or open space use, protect natural resources, maintain or enhance air or water quality, or preserve the historical, architectural, archaeological, or cultural aspects of real property;
(3) “third-party right of enforcement” means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, nonprofit corporation, charitable corporation, charitable association, or charitable trust that is not a holder.
2023 Alaska Statutes › Title 34. Property › Chapter 17. Conservation and Public Recreational Use Easements › Article 2. Public Recreational Use Easements. › Sec. 34.17.100. Public recreational use easements.

(a) A public recreational use easement may be created for the purposes of AS 09.65.202 by recording the grant of the easement in the recorder's office for the recording district where the land affected by the easement is located. The grant of the public recreational use easement must
(1) be on a form provided by the Department of Natural Resources;
(2) identify the land affected;
(3) set out restrictions, conditions, or reservations affecting the easement, including terms addressing duration or termination of the easement, if any; and
(4) state that the purpose of the easement is to make the land available for public recreational activity.
(b) The easement granted under (a) of this section may be a conservation easement under AS 34.17.010 - 34.17.060 (Uniform Conservation Easement Act).
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 1. Mortgages. › Sec. 34.20.010. Recording assignment of mortgage.

The recording of the assignment of a mortgage is not in itself considered notice of the assignment to the mortgagor or the heirs or personal representatives of the mortgagor, so as to invalidate a payment made by one or more of them to the mortgagee.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 1. Mortgages. › Sec. 34.20.030. Recording of discharge upon certificate of mortgagee.

A mortgage may be discharged upon the record of the mortgage by the recorder who has custody of the record when there is presented to the recorder a certificate executed by the mortgagee or the personal representatives or assigns of the mortgagee, acknowledged or proved and certified in the manner prescribed in AS 34.15 to entitle conveyances to be recorded, specifying that the mortgage is paid or otherwise satisfied or discharged.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 1. Mortgages. › Sec. 34.20.040. Recording certificate.

A certificate of discharge provided for in AS 34.20.030 and the proof or acknowledgment of the certificate shall be recorded at full length. A reference shall be made to the book and page containing the record of the certificate or the serial number of the record of the certificate in the entry of the discharge of the mortgage made by the recorder upon the record of the discharge.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 1. Mortgages. › Sec. 34.20.050. Penalty for failure to discharge mortgage or execute certificate.

If a mortgagee, or personal representatives, successors in interest or assigns of the mortgagee, after full performance of the condition of the mortgage, whether before or after a breach, for 10 days after being so requested in writing, and after tender of the reasonable charges, neglects or refuses to discharge the mortgage, or to execute and acknowledge a certificate of discharge or release of the mortgage, the mortgagee is liable to the mortgagor, the heirs, successors in interest, representatives or assigns of the mortgagor, in the sum of $300 damages, and also for all damages occasioned by the neglect or refusal.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 1. Mortgages. › Sec. 34.20.060. Definition.

In AS 34.20.010 - 34.20.060, “conveyance” includes every instrument in writing by which an estate or interest in real property is created, alienated, mortgaged, or encumbered, or by which the title to real property is affected, except a will.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 2. Deeds of Trust. › Sec. 34.20.090. Title, interest, possessory rights, and redemption.

(a) The sale and conveyance transfers all title and interest that the party executing the deed of trust had in the property sold at the time of its execution, together with all title and interest that party may have acquired before the sale, and the party executing the deed of trust or the heirs or assigns of that party have no right or privilege to redeem the property, unless the deed of trust so declares.
(b) The purchaser at a sale and the heirs and assigns of the purchaser are, after the execution of a deed to the purchaser by the trustee, entitled to the possession of the premises described in the deed as against the party executing the deed of trust or any other person claiming by, through or under that party, after recording the deed of trust in the recording district where the property is located.
(c) A recital of compliance with all requirements of law regarding the mailing or personal delivery of copies of notices of default in the deed executed under a power of sale is prima facie evidence of compliance with the requirements. The recital is conclusive evidence of compliance with the requirements in favor of a bona fide purchaser or encumbrancer for value and without notice.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 2. Deeds of Trust. › Sec. 34.20.100. Deficiency judgment prohibited.

When a sale is made by a trustee under a deed of trust, as authorized by AS 34.20.070 - 34.20.130, no other or further action or proceeding may be taken nor judgment entered against the maker or the surety or guarantor of the maker, on the obligation secured by the deed of trust for a deficiency.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 2. Deeds of Trust. › Sec. 34.20.110. Trust deeds recorded as mortgages.

For the purposes of record, a deed of trust, given to secure an indebtedness, shall be treated as a mortgage of real estate, and recorded in full in the book provided for mortgages of real property. The person who makes or executes the deed of trust shall be indexed as “mortgagor,” and the trustee and the beneficiary or cestui que trust, as the “mortgagees.”
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 2. Deeds of Trust. › Sec. 34.20.120. Substitution of trustee.

(a) The trustee under a trust deed upon real property given to secure an obligation to pay money and conferring no duties upon the trustee other than the duties that are incidental to the exercise of the power of sale conferred in the deed may be substituted by recording in the mortgage records of the recording district in which the property is located a substitution executed and acknowledged by
(1) all the beneficiaries under the trust deed, or their successors in interest; or
(2) the attorneys for all of the beneficiaries or the attorneys for all of the beneficiaries' successors in interest.
(b) The substitution must contain
(1) the date of execution of the trust deed;
(2) the names of the trustee, trustor, and beneficiary, and, if the substitution is executed by the attorney for the beneficiary or successor in interest to the beneficiary, the name, address, and Alaska Bar Association identification number of the attorney;
(3) the book and page where the trust deed is recorded or the serial number assigned to the trust deed by the recorder;
(4) the name of the new trustee; and
(5) an acknowledgment signed and acknowledged by the trustee named in the trust deed of a receipt of a copy of the substitution, or an affidavit of service of a copy of it.
(c) From the time the substitution is filed for record, the new trustee succeeds to all the powers, duties, authority, and title of the trustee named in the deed of trust.
(d) When a title insurance company authorized to do business by a certificate of authority granted under AS 21.66 has been purchased by, merged into, or consolidated with, or has transferred all or substantially all of its business assets to, another authorized title insurance company, the surviving or successor company, by operation of law, succeeds to the duties of the predecessor company granted to that predecessor as trustee in any trust deed described in (a) of this section.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 2. Deeds of Trust. › Sec. 34.20.125. Trustee bond required.

(a) Before performing the duties of a trustee under AS 34.20.070 and 34.20.080, a person shall obtain a surety bond in the amount of $100,000 to protect the trustors and beneficiaries of trust deeds against fraud or defalcation by the trustee in the performance of the duties.
(b) The bond required by (a) of this section must be a bond that is terminable at any time by the surety by sending written notice by first class United States mail to the obligee and the principal at the address for each that is last known by the surety, and to the department. The bond terminates when 45 days have expired after the date the notice is mailed. The surety is not liable for an act or omission of the principal that occurs after the termination. The surety is not liable after the termination for more than the face amount of the bond, regardless of the number of claims made against the bond or the number of years the bond remains in force. A revision of the amount of the bond is not cumulative.
(c) If a bond terminates under (b) of this section, the person who obtained the bond under (a) of this section shall give notice of the bond's termination to the department and may not act as a trustee until the person obtains another bond under (a) of this section.
(d) Each year, a trustee shall file evidence of the bond with the department. The department shall verify that the evidence is satisfactory to indicate the existence of the bond, keep an updated list of trustees who are bonded, and make the evidence and the list available to the public for inspection. The department may charge the trustee a reasonable fee for verifying the existence of the bond and maintaining the records required by this subsection.
(e) The bonding requirements of this section do not apply to
(1) a state agency, including the Alaska Housing Finance Corporation and the Alaska Industrial Development and Export Authority; or
(2) an attorney who is licensed to practice law in this state and is an active member of the Alaska Bar.
(f) In this section, “department” means the Department of Commerce, Community, and Economic Development.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 2. Deeds of Trust. › Sec. 34.20.130. Recording assignment, subordination, or waiver.

(a) The following instruments may be recorded:
(1) an assignment of the beneficial interest under a deed of trust; or
(2) an instrument by which a deed of trust of real property is subordinated or waived as to priority.
(b) From the time it is filed for record, the instrument operates as constructive notice to all persons.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 3. Miscellaneous Provisions. › Sec. 34.20.140. Recording memorandum extending lien.

Where the payment of an existing contract (a bill of exchange, promissory note, bond, or other evidence of indebtedness) is secured by an instrument creating a lien upon real estate, payment on the contract does not extend the lien beyond its original or extended period as against subsequent purchasers, optionees, mortgagees, creditors, or persons acquiring a lien upon the real estate, unless
(1) a memorandum of the payment is recorded in the office of the recording district where the property is located;
(2) the memorandum is recorded before the end of the statutory time for bringing an action upon the existing contract and extensions as exhibited by the terms of the recorded instrument; and
(3) the memorandum is signed and acknowledged by the owner or the representative of the owner of the existing contract of indebtedness.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 3. Miscellaneous Provisions. › Sec. 34.20.150. Maturity of lien.

(a) The date of maturity of an instrument creating a lien upon real property is considered to be 10 years from the date of the instrument, unless
(1) the period of the instrument is disclosed by the terms of the instrument; or
(2) another instrument extending the period of the first instrument or a memorandum of payment of the first instrument is recorded.
(b) When an existing recorded instrument is recorded before March 26, 1955, which creates a lien upon real property but which does not disclose the period of the instrument, another instrument extending the period of the first instrument, or a memorandum of payment of the first instrument may be recorded before January 1, 1956.
2023 Alaska Statutes › Title 34. Property › Chapter 20. Mortgages and Trust Deeds › Article 3. Miscellaneous Provisions. › Sec. 34.20.160. Notice of other remedies.

(a) When a lender uses a note as evidence of an obligation secured by a mortgage or deed of trust, the note must affirmatively advise the mortgagor or trustor and any other party bound by the note if the mortgagee or beneficiary wants the option to bring suit directly on the note to collect an amount owing under the note without first foreclosing the mortgage or deed of trust. This option must be stated in writing within the note or as a separate document. If a note executed after May 24, 1988 fails to contain the notice specified in this section, the debt secured by the mortgage or deed of trust may be foreclosed under AS 09.45.170 - 09.45.220 or AS 34.20.070 - 34.20.135.
(b) If the mortgagee or beneficiary wishes to collect an amount owing under the note without first foreclosing the mortgage or deed of trust, the following language is sufficient in the note:
The mortgagor or trustor (borrower) is personally obligated and fully liable for the amount due under the note. The mortgagee or beneficiary (lender) has the right to sue on the note and obtain a personal judgment against the mortgagor or trustor for satisfaction of the amount due under the note either before or after a judicial foreclosure of the mortgage or deed of trust under AS 09.45.170 - 09.45.220.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.010. Validation of defective acknowledgments.

A defective and informal acknowledgment of a deed, contract, lease, power of attorney, mortgage, or other instrument for the conveyance of real property, or an interest in real property, or pertaining to a right, title, or interest in real property, made in good faith, whether the acknowledgment is taken by or before a clerk, deputy clerk, or judge of a federal, state, or territorial court of record, or a commissioner, notary public, or other person authorized to administer oaths, is validated and declared sufficient in law as to acknowledgment, if no suit is filed in a court of record in the judicial district in which the real property affected by the instrument is located within 10 years from the date of the instrument, or the acknowledgment, to have the instrument set aside, altered, changed, or reformed.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.030. Validation of defective instruments and use as evidence.

(a) A deed, contract, lease, power of attorney, mortgage, or other instrument for the conveyance of real property or an interest in real property, or pertaining to a right, title, or interest in real property, heretofore or hereafter signed and delivered by a person in good faith, as grantor, lessor, mortgagor, or maker, is validated and is sufficient in law for the purpose for which the instrument was executed and delivered, although the instrument is otherwise defective as to form, if no suit is filed in a court of record in the judicial district in which the property is located within 10 years from the date of the instrument to have the instrument set aside, altered, changed, or reformed.
(b) The instrument so executed and delivered shall be received in evidence in all courts in the state and is evidence of the right, title, or interest to the real property described in the instrument against the grantors, lessors, mortgagors, or makers, and their heirs, successors, and assigns.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.040. Deeds on judicial sales.

(a) A judicial sale of real property is valid and sufficient in law to sustain a deed based on the sale when
(1) the sale is heretofore or hereafter made in the state on execution to satisfy a judgment, order, or decree of a court in the state or is made under an order or decree of a court in the state;
(2) the money bid on the property is paid to the officer making the sale, or to the officer's successor; and
(3) the sale is confirmed or acquiesced in by the court from which the execution issued or where the order or decree was entered.
(b) When no deed has been executed, a judicial sale that satisfies the conditions of (a) of this section entitles a purchaser at the sale to a deed.
(c) The deed, when executed and delivered, is sufficient to convey all the title of the judgment debtor or other person affected by the order or decree in the premises sold to the purchaser at the sale.
(d) All defects and irregularities in the proceedings or suit in which execution issues or in which the order or decree is entered, in the issuance of the execution, in obtaining the order or decree of the court, or in the manner of making or conducting the sale shall be disregarded if no suit is filed in a court of record in the judicial district where the real property affected by the deed is located within 10 years from the date of the deed, to have the deed set aside, altered, or otherwise changed or reformed.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.050. Sale and deed of executor, administrator, and guardian validated.

(a) A sale of real property heretofore or hereafter made by an executor, administrator, or guardian is sufficient to sustain an executor's, administrator's, or guardian's deed to the purchaser for the real property when
(1) made of the decedent's, ward's, or incompetent person's real property in the state to a purchaser for a valuable consideration;
(2) the consideration is paid by the purchaser to the executor, administrator, or guardian, or the successor of the executor, administrator, or guardian, in good faith; and
(3) the sale is not set aside by the court, but is confirmed or acquiesced in by the court.
(b) If the deed is not given, a sale that satisfies the conditions of (a) of this section entitles the purchaser to the deed.
(c) The deed is sufficient to convey to the purchaser all the title that the decedent, ward, or incompetent had in the real property.
(d) All defects or irregularities in estate or court proceedings, in obtaining the order of the court for the sale, and in the making or conducting of the sale by the executor, administrator, or guardian shall be disregarded if no suit is filed in a court of record in the judicial district in which the real property affected by the deed is located within 10 years from the date of the deed, to have the deed set aside, altered or otherwise changed, or reformed.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.055. Conveyances to or from trusts.

(a) A person, including a trustee, may convey real property to a trust whether or not a trustee of the trust is named as a grantee in the instrument of conveyance. A trustee of a trust may convey real property from a trust whether or not a trustee of the trust is named as a grantor in the instrument of conveyance.
(b) In a conveyance under (a) of this section, notice of the existence of the trust does not affect the status of a purchaser as a bona fide purchaser.
(c) Real property that is owned by a trust and that is purchased by a bona fide purchaser from a person in the person's capacity as trustee of the trust is acquired free of any claim of the beneficiaries of the trust.
(d) Notwithstanding other provisions of law, a trust instrument may not change the effect of (c) of this section.
(e) In this section,
(1) “bona fide purchaser” means a person who purchases real property for value from a trust and who
(A) has not knowingly been a party to fraud or illegality affecting the interest of persons who are parties to the purchase transaction or beneficiaries of the trust;
(B) does not have notice of an adverse claim by a beneficiary of the trust; and
(C) has acted in good faith in the purchase transaction;
(2) “conveyance” means a conveyance made before, on, or after August 9, 2000;
(3) “purchaser” means a person who acquires real property by sale, lease, mortgage, pledge, or lien, or who otherwise deals with real property in a voluntary transaction other than by making a gift;
(4) “real property” includes an interest in real property;
(5) “value” means acquisition of property
(A) in return for a binding commitment to extend credit;
(B) as security for or in total or partial satisfaction of a claim that existed before the giving of the security;
(C) by accepting delivery of the real property under a contract that is for the purchase of the real property and that existed before the delivery; or
(D) in return for other consideration sufficient to support a contract.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.070. Validation of sales and action to quiet title.

(a) A sale of real estate by an administrator or executor is confirmed and approved, notwithstanding irregularities or informalities in the proceedings before the sale, when
(1) the real estate is heretofore or hereafter sold under a license or order of a superior court in the state;
(2) the purchaser pays the purchase money for the real estate;
(3) the sale is made in good faith, in order to provide for payment of the claims against the estate;
(4) the executor or administrator fails or neglects to make or execute a deed conveying the real estate to the purchaser, or if from mistake or omission in the deed or defect in its execution the deed is inoperative; and
(5) five years have elapsed after the making of the sale.
(b) When these facts are shown in an action to quiet title to the real property against the heirs or their assignees of the deceased person whose property is sold, in the proper court for the suit, the court shall make its decree quieting title and compelling and ordering conveyances of the real estate to the purchaser or the heirs or assignees of the purchaser as if a valid contract to convey the real property were made by the deceased while living.
(c) An action may not be maintained by the heirs of the deceased, or their heirs or assignees, to dispossess the purchaser or the heirs or assignees of the purchaser, after the expiration of five years from the sale.
2023 Alaska Statutes › Title 34. Property › Chapter 25. Validation of Formal Defects › Sec. 34.25.080. Tax deeds validated.

(a) A sale of real property is valid and sufficient in law to sustain a tax deed based on the sale when
(1) the sale is heretofore or hereafter made in the state in a proceeding to enforce a tax lien against real property;
(2) the money bid on the property is paid in good faith to the clerk, or the successor of the clerk, of the city conducting the sale; and
(3) the sale is confirmed or acquiesced in by the court ordering the sale.
(b) When no deed is executed, a sale that satisfies the conditions of (a) of this section entitles the purchaser to a deed.
(c) The deed, when executed, is sufficient to convey all of the right, title, or interest of the delinquent owner or a person in privity with the delinquent owner in the real property sold to the purchaser at the sale.
(d) All defects or irregularities in the delinquent tax roll, notices, presentations of delinquent tax roll to a court, proofs of notice, orders of sale, confirmation of sale or other proceedings before or in connection with the sale, in obtaining the order of the court for the sale, or in the making or conducting of the sale by the clerk of the city, or by another person authorized to make or conduct the sale, the lack of an order confirming the sale, and the lack of, or failure to issue, a certificate of sale and purchase, shall be disregarded if no suit is filed in a court of record in the judicial district in which the real property affected by the deed is located within 10 years from the date of the deed, to have the deed set aside, altered or otherwise changed, or reformed.
2023 Alaska Statutes › Title 34. Property › Chapter 27. Modification or Abolition of Common Law Property Rules › Article 1. Miscellaneous Common Law Rules Abolished. › Sec. 34.27.020. Abolition of the common law rule in Shelley's case.

If real property is granted or devised to a person and after the person's death, to the person's heirs or the heirs of the person's body, however the grant or devise is expressed, an estate for life only vests in the person, and a remainder goes to the person's heirs or the heirs of the person's body as purchasers.
2023 Alaska Statutes › Title 34. Property › Chapter 27. Modification or Abolition of Common Law Property Rules › Article 1. Miscellaneous Common Law Rules Abolished. › Sec. 34.27.030. Abolition of the common law destructibility of contingent remainders.

A contingent remainder is not defeated by the termination of a precedent estate before the occurrence of the contingency that was to cause the remainder to take effect. If the contingency occurs later, the remainder takes effect in the same way as a springing or shifting executory interest.
2023 Alaska Statutes › Title 34. Property › Chapter 27. Modification or Abolition of Common Law Property Rules › Article 2. Rules Against Perpetuities. › Sec. 34.27.051. Statutory rule against perpetuities.

(a) A general or nongeneral power of appointment not presently exercisable because of a condition precedent is invalid unless, within a period of 1,000 years after its creation, either the power is irrevocably exercised or the power terminates. For purposes of this subsection, the period in which the power must be exercised or the power terminated is computed from the time of creation of the original power of appointment under which a subsequent general power of appointment not presently exercisable or a subsequent nongeneral power of appointment not presently exercisable was created.
(b) If a nongeneral power of appointment is exercised to create a new presently exercisable general power of appointment, all property interests subject to that new presently exercisable general power of appointment are invalid unless, within 1,000 years after the creation of the new presently exercisable general power of appointment, the property interests that are subject to the new presently exercisable general power of appointment either vest or terminate.
(c) If a nongeneral power of appointment is exercised to create a new or successive nongeneral power of appointment or a new or successive testamentary general power of appointment, all property interests subject to the exercise of that new or successive nongeneral or testamentary general power of appointment are invalid unless, within 1,000 years from the time of creation of the original instrument or conveyance creating the original nongeneral power of appointment that is exercised to create a new or successive nongeneral or testamentary general power of appointment, the property interests that are subject to the new or successive nongeneral or testamentary general power of appointment either vest or terminate.
2023 Alaska Statutes › Title 34. Property › Chapter 27. Modification or Abolition of Common Law Property Rules › Article 2. Rules Against Perpetuities. › Sec. 34.27.053. Savings provision.

A property interest that, under AS 34.27.051, becomes invalid shall, upon the expiration of the 1,000-year period set out in AS 34.27.051,
(1) if income from the property interest is payable
(A) to one person, be distributed to the person to whom the income is then payable;
(B) to more than one person, be distributed to the persons to whom the income is then payable
(i) in the shares to which the persons are entitled to the income; or
(ii) equally among all persons who are entitled to the income if shares are not specified;
(2) if income from the property interest is payable in the discretion of a trustee and is payable
(A) to one person, be distributed to the person then eligible to receive the income; or
(B) to more than one person, be distributed to the persons then eligible to receive the income
(i) in the shares to which the persons are entitled to the income; or
(ii) equally among all persons who are entitled to the income if shares are not specified; or
(3) when there is no person then living to whom the property interest may be distributed under (1) or (2) of this section, be payable to one or more organizations described in 26 U.S.C. 2055(a) (Internal Revenue Code), or to one or more organizations described in any successor provision to 26 U.S.C. 2055(a), in the shares or proportions that the trustee or trustees then acting may determine.
2023 Alaska Statutes › Title 34. Property › Chapter 27. Modification or Abolition of Common Law Property Rules › Article 2. Rules Against Perpetuities. › Sec. 34.27.070. Application.

(a) Except as extended by (b) of this section, the former provisions of AS 34.27.051 - 34.27.100 apply to a nonvested property interest or a power of appointment that is created on or after January 1, 1996, and before April 2, 1997. For purposes of this subsection, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) If a nonvested property interest or a power of appointment was created before January 1, 1996, and is determined in a judicial proceeding, commenced on or after that date, to violate this state's rule against perpetuities as that rule existed before January 1, 1996, or if a nonvested property interest or a power of appointment was created on or after January 1, 1996, but before April 2, 1997, and is determined in a judicial proceeding, commenced on or after that date, to violate this state's rule against perpetuities as that rule existed, on or after January 1, 1996, and before April 2, 1997, a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. For purposes of this subsection, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
(c) The provisions of AS 34.27.051 apply to a trust instrument or conveyance executed on or after April 2, 1997, if the trust instrument or conveyance creates a contingent power of appointment or nonvested property interest subject to the exercise of a power of appointment that creates a new or successive power of appointment.
2023 Alaska Statutes › Title 34. Property › Chapter 27. Modification or Abolition of Common Law Property Rules › Article 2. Rules Against Perpetuities. › Sec. 34.27.075. Relationship to common law rule.

AS 34.27.051 - 34.27.100 supersede the rule of the common law known as the rule against perpetuities. The common law rule against perpetuities does not apply in this state.