AS Title 34, Chapter 15: Conveyances

Article 1. Form and Effect. Chapter 15. Conveyances. Sec. 34.15.010. Manner of executing conveyances. (a) A conveyance of land, or of an estate or interest in land, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, who is of lawful age, or by the lawful agent or attorney of the person, and acknowledged or proved, and recorded as directed in this chapter, without any other act or ceremony whatever. (b) In a deed or conveyance of the family home or homestead by a married man or a married woman, the husband and wife shall join in the deed or conveyance. (c) The requirement that a spouse of a married person join in a deed or conveyance of the family home or homestead does not create a proprietary right, title, or interest in the spouse not otherwise vested in the spouse. (d) Failure of the spouse to join in the deed or conveyance does not affect the validity of the deed or conveyance, unless the spouse appears on the title. The deed or conveyance is sufficient in law to convey the legal title to the premises described in it from the grantor to the grantee when the deed or conveyance is otherwise sufficient, and (1) no suit is filed in a court of record in the judicial district in which the land is located within one year from the date of recording of the deed or conveyance by the spouse who failed to join in the deed or conveyance to have the deed or conveyance set aside, altered, changed, or reformed; or (2) the spouse whose interest in the property is affected does not record, within one year in the office of the recorder for the recording district where the property is situated, a notice of an interest in the property. Sec. 34.15.015. Use of recorded master form. If reference is made in a document to a recorded master form, a copy of the form, or so much of it as is incorporated by reference, must be provided to each party to the transaction by the party that furnished the document. Sec. 34.15.020. Conveyance by nonresident married woman. [Repealed, § 103 ch 127 SLA 1974.] Sec. 34.15.030. Form of warranty deed. (a) A warranty deed for the conveyance of land may be substantially in the following form, without express covenants: “The grantor (here insert the name or names and place of residence) for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), located in the State of Alaska. “Dated this .......... day of ......, 2......” (b) A deed substantially in the form set forth in (a) of this section, when otherwise duly executed, is considered a conveyance in fee simple to the grantee and the heirs and assigns of the grantee, with the following covenants by the grantor: (1) that at the time of the making and delivery of the deed the grantor is lawfully seized of an indefeasible estate in fee simple to the premises described, and has the right and power to convey the premises; (2) that at the time of making and delivery of the deed the premises are free from encumbrances; and (3) that the grantor warrants the quiet and peaceable possession of the premises, and will defend the title to the premises against all persons claiming the premises. The covenants are binding upon a grantor and the heirs and personal representative of a grantor as if written in the deed. Sec. 34.15.040. Form of quitclaim deed. (a) A quitclaim deed may be substantially in the following form: “The grantor (here insert the name or names and place of residence), for and in consideration of (here insert consideration) conveys and quitclaims to (here insert grantee's name or names) all interest which I (we) have, if any, in the following described real estate (here insert description), located in the State of Alaska. “Dated this ........ day of .........., 2......” (b) A deed substantially in the form set out in (a) of this section, when otherwise duly executed, is considered a sufficient conveyance, release and quitclaim to the grantee and the heirs and assigns of the grantee, in fee of all the existing legal and equitable rights of the grantor in the premises described in the deed. Sec. 34.15.050. Effect of quitclaim. A deed of quitclaim and release for the form in common use is sufficient to pass all the real estate which the grantor can convey by a deed of bargain and sale. Sec. 34.15.060. Passage of fee. The term “heirs” or other words of inheritance are not necessary to create or convey an estate in fee simple. Sec. 34.15.070. Passage of grantor's entire estate. (a) A conveyance of real estate passes all the real estate of the grantor, unless the intent to pass a less estate appears by express terms or is necessarily implied in the terms of the grant. (b) A conveyance by a tenant for life or years purporting to grant a greater estate than the tenant possesses or can convey does not work a forfeiture of the estate, but passes to the grantee all the estate that the tenant can convey. Sec. 34.15.075. Receipt of after-acquired title or interest. (a) In addition to any estate passed by the grantor under AS 34.15.070 , whenever a person purports by a warranty deed, or, for Alaska Native Claims Settlement Act real property, a quitclaim deed, to grant real property in fee or in fee simple to a grantee and subsequently acquires title to, or an interest in, the real property, the subsequently acquired title or interest passes by operation of law to the grantee or the grantee's successors. (b) In this section, “Alaska Native Claims Settlement Act real property” means real property that, at some point in that real property's chain of title, was conveyed by the federal government under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) to a corporation established under 43 U.S.C. 1601 et seq. Sec. 34.15.080. Covenants not implied. No covenant is implied in a conveyance of real estate, whether the conveyance contains special covenants or not. Sec. 34.15.090. Covenant not implied in mortgage. A mortgage may not be construed as implying a covenant for the payment of the sum intended to be secured by the mortgage. When there is no express covenant for payment contained in the mortgage, and no bond or other separate instrument to secure payment is given, the remedies of the mortgagee are confined to the land mentioned in the mortgage. Sec. 34.15.100. Conveyance of lands held adversely. A grant or conveyance of land or interest in land is not void because at the time of the execution the land is in the actual possession of another claiming adversely. 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. 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. Sec. 34.15.120. Remedy of tenant in common. A tenant in common may maintain an action against a cotenant for receiving more than the fair share of the rents and profits of the estates owned by them in common. 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. 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. 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. 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. 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. Sec. 34.15.170. Certificate of acknowledgment. [Repealed, § 6 ch 37 SLA 1981.] 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. Secs. 34.15.190 — 34.15.200. Acknowledgment by married person; officer's knowledge of grantor's identity. [Repealed, § 6 ch 37 SLA 1981. For current law see AS 09.63 .] 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. 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. 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. 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. 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. Article 3. Recording. Secs. 34.15.260 — 34.15.340. Recording. [Repealed, § 43 ch 161 SLA 1988. For current law, see AS 40.17 .] Sec. 34.15.343. [Renumbered as AS 40.17.035 .] Secs. 34.15.345 , 34.15.350. Recording. [Repealed, § 43 ch 161 SLA 1988. For current law, see AS 40.17 .]