AS Title 40, Chapter 17: Recording of Documents

Chapter 17. Recording of Documents. Sec. 40.17.010. Place of recording and access to records. (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 with which to retrieve stored documents; (3) a means for making copies of recorded documents and a person authorized by the recorder to certify the copies; (4) to the extent money is appropriated for the purpose, a machine, device, or system capable of rapidly transmitting a document eligible for recording to a recorder at one place of recording in the state, and a person to operate the machine, device, or system; if the department determines that it is not feasible to provide a machine, device, or system in an office serving a recording district, it shall provide for transmitting documents from the office by other expeditious means; (5) instructions that explain to the public the formal requirements that a document must satisfy to be recorded. (b) The department shall provide the staff and equipment to receive and record documents and to store them permanently. (c) When rapid recording and retrieval and secure storage of documents can be provided for all recording districts with a single place of recording in the state, the recorder shall record the documents at a single place in the state designated by the department. (d) The recorder shall provide reasonable public access during business hours to recorded documents, indices, and facilities provided for in this section. Sec. 40.17.020. Recording conveyances. (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 original conveyance or an electronic version of the conveyance may be offered for recording in the recording district in which part of the land is located and an original, a certified copy, or an electronic version of the conveyance may be offered for recording in each other recording district in which part of the land is located. A certified copy or an electronic version of the conveyance recorded has the same effect from the time it is recorded as though it were the original conveyance. (b) A certified copy of a conveyance that is eligible for recording under AS 40.17.030 and 40.17.110 and that has been recorded or filed in a public recorder's office in another state or in the United States Bureau of Land Management may be offered for recording only in the recording district where land affected by the conveyance is located. When recorded, it has the same effect from the time it is recorded as though it were the original conveyance. Sec. 40.17.030. Formal requisites for recording. (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 device used in the recording office; (3) be capable of being copied by the method used in the recording office; (4) contain a title reflecting the overall intent of the document; (5) contain the information needed to index the document under regulations of the department; (6) contain a book and page reference or serial number reference if the document amends, corrects, extends, modifies, assigns, or releases a document previously recorded in this state; (7) contain the name and address of a person to whom the document may be returned after recording; (8) if it is a deed, contain the mailing addresses of all persons named in the document who grant or acquire an interest under the document; (9) contain the name of the recording district in which it is to be recorded; and (10) be accompanied by the applicable recording fee set by regulation; if the document is to be recorded for multiple purposes, it must be accompanied by the applicable fee for each of the multiple purposes. (b) To be eligible for recording, a certified copy of an official document from a governmental office need only meet the requirements of (a)(2), (7), (9), and (10) of this section. (c) To be eligible for recording, an exact or fully conformed copy of an original document must be accompanied by an affidavit of the person offering the document. The affidavit must meet the requirements of (a) of this section and must state that (1) the exact or fully conformed copy was received by the person in the course of the transaction; (2) the original is not in the person's possession; and (3) the instrument offered for recordation is an exact or fully conformed copy. (d) The recorder shall prescribe the style, size, form, and quality that a document, plat, plan, or survey map must satisfy for filing and recording under this chapter. (e) A recording fee may not be charged to record a public recreational use easement under AS 34.17.100 , and, notwithstanding (a)(10) of this section, the easement shall be eligible for recording. Sec. 40.17.035. Recording criteria. 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 recording if the document satisfied the requirements for recording that existed at the time the document was executed; (B) serves more than one purpose; (C) references an attached exhibit that is not labelled; (D) is a certified copy of an official document that creates an interest in real property, that meets the requirements of AS 40.17.030 (b), and that is from a governmental office; or (3) require that a document that serves more than one purpose be recorded separately for each of the purposes; this paragraph does not prevent the multiple recording of the document if the person offering the document requests that the document be recorded for more than one of its purposes and the request is accompanied by the applicable recording fee for each of the multiple purposes. Sec. 40.17.040. Indexing. (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 other means for locating the documents. (b) [Repealed, § 5 ch 119 SLA 1996.] Sec. 40.17.050. Incorporation of master form. 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 numbered paragraph were reproduced in full in the record at the place where the reference to the form or paragraph is made. Sec. 40.17.060. Documents executed under former law. 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. Sec. 40.17.070. Duties of recorder; time recording is effective. (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 indicate on or attach to each document the date, hour, and minute of recording, enter that information and a consecutive serial number in a daily log of documents without delay in the order in which the documents are received, and note the serial number on the document. (d) If a document presented for recording is reviewed and rejected for recording, the recorder shall indicate on or attach to the document the date, hour, and minute of rejection and a citation of the statute requiring rejection. If the document is later determined to be recordable in the form in which it was earlier presented to the recorder, later recording does not relate back to the time and date of rejection. Recording is effective when the document is accepted for recording, regardless of the cause of the rejection. (e) The recorder shall promptly copy recorded documents and place them in permanent records and shall note the recording information at the entry of each document in the daily log. (f) Promptly after recording a document, the recorder shall make the index entries required in this chapter and in the regulations of the department. (g) After recording, the recorder shall return the document to the person who presented it or a person designated by the person who presented it. (h) The recorder shall certify copies and provide a certified copy of a recorded document to a person who tenders the proper fee. (i) The recorder is not required to record part of a document if the part is identified and preceded by the words “From Previously Recorded Master Form—Do Not Record” and the recorded part contains a reference to the master form's recording information. Sec. 40.17.075. Account. 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. Sec. 40.17.080. Effect of recording on title and rights; constructive notice. (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 a security interest in the same property or a part of the property. (b) A conveyance of real property in the state, other than a lease for a term of less than one year, is void as against a subsequent innocent purchaser in good faith for valuable consideration of the property or a part of the property whose conveyance is first recorded. An unrecorded conveyance is valid as between the parties to it and as against one who has actual notice of it. In this subsection, “purchaser” includes a holder of a consensual interest in real property that secures payment or performance of an obligation. (c) The recording of an assignment of a security interest is not in itself notice to the debtor. The debtor may pay the assignor unless the debtor has actual notice of the assignment. (d) A recorded option or agreement to enter into a contract in the future ceases to be constructive notice for any purpose (1) when six months have elapsed after the date of recording of the option or agreement, if the recorded option or agreement contains no expiration date; (2) when 30 days have elapsed after the expiration date of the option or agreement, if the recorded option or agreement contains an expiration date. Sec. 40.17.090. Conveyances and recorded documents as evidence. (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 title that (1) the document is genuine and was executed as the voluntary act of the person purporting to execute it; (2) the person executing the document and the person on whose behalf it is executed are the persons they are purported to be and the person executing it was neither incompetent nor a minor at any relevant time; (3) delivery of the document occurred notwithstanding a lapse of time between dates on the document and the date of recording; (4) any necessary consideration was given; (5) the grantee, transferee, or beneficiary of an interest created or claimed by the document acted in good faith at all relevant times up to and including the time of the recording; (6) a person purporting to act as an agent, attorney-in-fact under a recorded power of attorney or authority, officer of an organization, or in a fiduciary or official capacity, held the position the person purported to hold, acted within the scope of the person's authority, and in the case of an organization, the authorization satisfied all requirements of law; and in the case of an agent, acted for a principal who was neither incompetent nor a minor at any relevant time and who had not revoked the agency; (7) if the document purports to be executed in accordance with or to be a final determination in a judicial or administrative proceeding, or to be executed under a power of eminent domain, the court, official body, or condemnor acted within its jurisdiction and all steps required for the execution of the title document were taken; (8) the recitals and other statements of fact in a conveyance are true if the matter stated is relevant to the purpose of the document; (9) the persons named in, signing, or acknowledging the document and persons named in, signing, or acknowledging another related document in a chain of title are identical, if the persons appear in those documents under identical names, or under variants of the names, including inclusion, exclusion, or use of (A) commonly recognized abbreviations, contractions, initials, or colloquial or other equivalents; (B) first or middle names or initials; (C) simple transpositions that produce substantially similar pronunciations; (D) articles or prepositions in names or titles; (E) descriptions of entities as corporations, companies, or abbreviations or contractions of either; or (F) name suffixes, such as “Senior” or “Junior”, unless other information appears of record indicating that they are different persons; and (10) all other requirements for the execution, delivery, and validity of the document have been satisfied. (c) The presumptions stated in (b) of this section arise even if the document purports only to release a claim or convey an interest of the person executing it or of the person on whose behalf it is executed. (d) Facts stated in a recorded certificate of a public official in affidavit form or under the seal of the official's office and derived from information or documents obtained or kept by the official as part of official duties are presumed to be true. (e) If presumptions created by this section are inconsistent, the presumption applies that is founded upon weightier consideration of policy and logic. If these considerations are of equal weight, neither presumption applies. Sec. 40.17.100. Recording a reconveyance. 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. Sec. 40.17.110. Documents eligible for recording. (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 of real property, the document must be acknowledged. (c) If the document to be recorded is a subdivision plat, the document must comply with the requirements of AS 40.15 . (d) If the document is a declaration under AS 34.08 , it must comply with the requirements of AS 34.08.090 (b). Sec. 40.17.120. Recording memorandum of lease. (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 lease or sublease, and supplying at least the following information: (1) the names of the parties; (2) addresses of the parties set out in the lease; (3) the date of the lease; (4) a description of the real property leased or subleased; (5) the commencement and termination dates of the lease if fixed and, if not fixed, the method by which the dates are to be fixed; and (6) a statement of the conditions upon which a party may exercise a right to extend or renew the lease or to exercise a right to purchase or refuse to purchase the real property or part of it. Sec. 40.17.125. Recording affidavits related to manufactured homes. (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. (b) A recording officer shall place on the recorded affidavit (1) the indexing information for the recorded affidavit; and (2) an indication that the recorded affidavit was recorded. (c) In this section, (1) “affidavit” means an affixation affidavit or a severance affidavit; (2) “affixation affidavit” has the meaning given in AS 34.85.190 ; (3) “manufactured home” has the meaning given in AS 45.29.102 ; (4) “recorded affidavit” means an affidavit recorded under this section; (5) “severance affidavit” has the meaning given in AS 34.85.190 . Sec. 40.17.130. Action against recorder and state. 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. Sec. 40.17.140. Application of electronic provisions. (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 . Sec. 40.17.900. Definitions. In this chapter, (1) “acceptance” means the determination by the recorder that a document is recordable under this chapter accompanied by marking an identifying code on the document and entering the document in a daily log; (2) “certified copy” means a copy of a document certified as correct by the custodian or other person authorized to make the certification; (3) “conveyance” means a transfer of an interest in real property other than by will or operation of law; (4) “department” means the Department of Natural Resources; (5) “document” means a writing, plat, plan, or map, and includes information in a form, such as electronic, mechanical, or magnetic storage; microfilm; or electronic data transmission signals, that can be converted into legible writing, plat, plan, or map form by a machine or device; (6) “place of recording” means a place designated by the department where documents recordable under this chapter are recorded; (7) “record” means the acceptance of a document by the recorder that the recorder has determined is recordable under this chapter and that is presented for recording in the place of recording designated for the recording district where affected property is located whether or not the place of recording is in that district, and whether or not under applicable law the recorder is directed to record the document; (8) “recorder” means the commissioner of the department or the commissioner's designee; (9) “recording district” means a part of the state designated a recording district under AS 44.37.025 ; and (10) “recording information” means information needed to find a document in the public records such as book and page, document number, electronic retrieval code, or other specific information.