Alaska

Alaska at a Glance

1. Mechanic's Lien Rules

Plain English

Alaska ties lien deadlines to the owner's notice of completion. If the owner never records one, a claimant has 120 days after it completes its contract or stops furnishing to record a claim of lien. If the owner records a notice of completion, some claimants (those who got advance word of it, or who never recorded a notice of right to lien) must record within 15 days. Alaska has no visible-commencement rule: priority generally follows the recording order, so a deed of trust recorded before any claim of lien or recorded notice of right to lien wins, even for money it disburses later. The exception is a lien of an individual who actually did labor on the original construction, which beats a prior deed of trust. A lien expires 6 months after recording unless suit is filed or an extension is recorded.

Key Rules

Deadlines (AS 34.35.068). 120 days; 15 days after a notice of completion for some claimants.

Notice of right to lien (AS 34.35.064). A written notice given to the owner before furnishing. It shifts to the owner the burden of proving it did not know of or consent to the work, and once recorded it gives priority over later encumbrances (§ 34.35.060(a)).

Priority (AS 34.35.060). A recorded encumbrance beats a lien unless the claim of lien or notice of right to lien was recorded first (§ 34.35.060(a)). A lien of an individual who actually performed labor on the original construction beats a prior encumbrance (§ 34.35.060(c)).

Enforcement (AS 34.35.080). Suit within 6 months after recording, or within 6 months after an extension notice recorded during the first 6 months. A buyer without notice takes free of the suit unless a notice of pendency is recorded (§ 34.35.080(c)).

Practice Points

1. Record the deed of trust first, before any notice of right to lien. On new construction, ask about unpaid individual laborers, whose liens can still come first.
2. Search for recorded notices of right to lien, not just claims.
3. Owners: record a notice of completion to shorten the window.

Citations

• AS 34.35.068 (time periods for claiming liens): https://www.akleg.gov/basis/statutes.asp#34.35.068
• AS 34.35.050 to 34.35.120 (Alaska Legislature print view): https://www.akleg.gov/basis/statutes.asp?media=print&secEnd=34.35.120&secStart=34.35.050

2. Execution and Notarization Requirements for Recording

Plain English

Alaska documents are recorded with the state Recorder's Office (Department of Natural Resources), by recording district, not by county. Alaska has no real estate transfer tax and no mortgage tax. The deed of trust is the customary security instrument. Alaska is a race-notice state (AS 40.17.080), and an Alaska notary may notarize for a remotely located signer (AS 44.50.075).

Key Rules

• Statewide Recorder's Office, by recording district.
• No state transfer tax. No statute imposes one.
• Recording act (AS 40.17.080). A recorded document is constructive notice. An unrecorded conveyance is void against a later good-faith purchaser for value (including a lender) whose conveyance is recorded first.
• Remote notarization (AS 44.50.075). A notary located in Alaska may notarize for a remotely located individual using communication technology.
• Recording requirements (AS 40.17.030). Original signatures (may be electronic), a title, the return name and address, grantor and grantee mailing addresses on a deed, the recording district, and the fee.

Practice Points

1. Confirm the right recording district.
2. Don't collect a transfer tax.
3. Check remote notarization compliance.

Citations

• Alaska Recorder's Office: https://dnr.alaska.gov/ssd/recoff/
• AS 40.17.010 to 40.17.110 (recording): https://www.akleg.gov/basis/statutes.asp#40.17.080
• AS 44.50.075 (remote notarization): https://www.akleg.gov/basis/statutes.asp#44.50.075

3. Securing Future Advances

Plain English

Against mechanic's liens, Alaska gives a recorded deed of trust priority for all its advances, whenever disbursed and whether or not the lender was obligated to make them (AS 34.35.060(a)). We found no Alaska statute on future-advance priority against other later liens, such as judgments. Check for those before insuring later advances.

Key Rules

• Mechanic's liens (AS 34.35.060(a)). A deed of trust recorded before the claim of lien or notice of right to lien keeps priority for later disbursements, obligatory or optional. The original-construction labor exception still applies (§ 34.35.060(c)).

Practice Points

1. State a maximum in every credit-line deed of trust.
2. Check for intervening liens before each later advance.

Citations

• AS 34.35.050 to 34.35.120 (priorities): https://www.akleg.gov/basis/statutes.asp?media=print&secEnd=34.35.120&secStart=34.35.050

4. Subdivision Statutes and Regulations

Plain English

Before any lot in a subdivision may be sold or offered, the subdivision must be approved by the platting authority and recorded (AS 40.15.010). The platting authority is the municipality where it exercises platting powers, and otherwise the Department of Natural Resources (AS 40.15.070).

Key Rules

• Approval before sale (AS 40.15.010). The recorder may not accept a subdivision for recording unless it shows approval.
• Platting authority (AS 40.15.070). The municipal platting authority, or the Department of Natural Resources outside those areas.
• Plat requirements (AS 40.15.020). Plats must be acknowledged and recorded with a certificate that all taxes are paid.
• Municipal rules (AS 29.40.070, 29.40.110). The assembly adopts platting rules by ordinance. A plat not acted on within 60 days is considered approved.

Practice Points

1. New lot? Get the approved, recorded plat.
2. Read plat notes and dedications.
3. Check access, especially in remote areas.

Citations

• AS 40.15.010 to 40.15.070 (subdivisions): https://www.akleg.gov/basis/statutes.asp#40.15.010
• AS 29.40.070 to 29.40.110 (municipal platting): https://www.akleg.gov/basis/statutes.asp#29.40.070

5. Title Premium Rates

Plain English

Alaska title insurers file their rate schedules with the Division of Insurance. Under AS 21.66.370, a filing must be on file 30 days before it takes effect. The director may extend that by up to 30 more days, or allow it to take effect sooner. Insurers may charge only filed rates.

Key Rules

• Rate filing (AS 21.66.370). Filed; 30-day review.

Practice Points

3. No unfiled charges.

Citations

• AS 21.66.370 (rate filing): https://www.akleg.gov/basis/statutes.asp#21.66.370

6. Recording Taxes & Fees on Deeds and Mortgages

Plain English

Alaska has no real estate transfer tax and no mortgage tax. The only costs at recording are the recorder's fees. Alaska is also a nondisclosure state: the recording requirements do not call for the sale price on the deed (AS 40.17.030).

Key Rules

(a) Deed transfer, conveyance or excise tax

(b) Mortgage, indebtedness or intangible tax

• None. Alaska has no mortgage, indebtedness or intangible tax on recording a mortgage or deed of trust, so future advances, credit lines, refinances and modifications carry no state recording tax (only recording fees).

(c) Other recording taxes and fees

• Recording fees are set by Department of Natural Resources regulation (11 AAC 05.200): $20 for the first page and $5 for each additional page of the same document.

Practice Points

1. Collect recording fees only; no transfer or mortgage tax line items.

Citations

• 11 AAC 05.200 (recorder's fees): https://www.law.cornell.edu/regulations/alaska/11-AAC-05.200
• AS 40.17.030 (recording requirements): https://www.akleg.gov/basis/statutes.asp#40.17.030