Alaska Statutes
Alaska Stat. § 34.35.055 (2026)
Land subject to lien
✓ current as of July 2026
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Sec. 34.35.055. Land subject to lien.
(a) The land upon which a building or other improvement described in AS 34.35.050 is constructed, together with a convenient space about the building or other improvement or so much as is required for the convenient use and occupation of it (to be determined by the judgment of the court at the time of the foreclosure of the lien), and the mine on which the work is performed or for which the material is furnished is also subject to the lien created by AS 34.35.050 — 34.35.120 if, at the time the work is started or the materials for the building or other improvements are first furnished, the land belongs to the person who causes the building or other improvement to be constructed, altered, or repaired.
(b) If the person owns less than a fee simple estate in the land, then only the interest of the person in it is subject to the lien.
(c) If the interest is a leasehold interest, and the holder forfeits the rights of the holder to it, the purchaser of the building or improvement and leasehold term, or so much of it as remains unexpired at a sale under AS 34.35.050 — 34.35.120 is considered to be the assignee of the leasehold term, and may pay the lessor all arrears of rent or other money and costs due under the lease.
(d) If the lessor regains possession of the land and property, or obtains judgment for the possession of it before the commencement of the construction, alteration, or repair of the building or other improvement, the purchaser may only remove the building or other improvement within 30 days after the purchase, and the owner of the land shall receive the rent due payable out of the proceeds of the sale, according to the terms of the lease, down to the time of the removal.
(a) The land upon which a building or other improvement described in AS 34.35.050 is constructed, together with a convenient space about the building or other improvement or so much as is required for the convenient use and occupation of it (to be determined by the judgment of the court at the time of the foreclosure of the lien), and the mine on which the work is performed or for which the material is furnished is also subject to the lien created by AS 34.35.050 — 34.35.120 if, at the time the work is started or the materials for the building or other improvements are first furnished, the land belongs to the person who causes the building or other improvement to be constructed, altered, or repaired.
(b) If the person owns less than a fee simple estate in the land, then only the interest of the person in it is subject to the lien.
(c) If the interest is a leasehold interest, and the holder forfeits the rights of the holder to it, the purchaser of the building or improvement and leasehold term, or so much of it as remains unexpired at a sale under AS 34.35.050 — 34.35.120 is considered to be the assignee of the leasehold term, and may pay the lessor all arrears of rent or other money and costs due under the lease.
(d) If the lessor regains possession of the land and property, or obtains judgment for the possession of it before the commencement of the construction, alteration, or repair of the building or other improvement, the purchaser may only remove the building or other improvement within 30 days after the purchase, and the owner of the land shall receive the rent due payable out of the proceeds of the sale, according to the terms of the lease, down to the time of the removal.
Notes of Decisions
Cited in 4
cases, 1970–2002 · leading case: Nerox Power Sys., Inc. v. M-B Contracting Co., 54 P.3d 791 (Alaska 2002).
Nerox Power Sys., Inc. v. M-B Contracting Co., 54 P.3d 791 (Alaska 2002). “Nerox Power urges that this interpretation is required by the language in AS 34.35.055(a). 37 However, the statute does not require so narrow an interpretation.”
Torkko/Korman/Engineers v. Penland Ventures, 673 P.2d 769 (Alaska 1983). “050 must be read with AS 34.35.055(a) which provides in part: (a) The land upon which a building or other improvement described in section 50 of this chapter is constructed, .”
Dannemiller v. Amfac Distrib. Corp., 566 P.2d 645 (Alaska 1977). “(C) WERE THE VALDEZ UNITS “ANNEXED TO THE REAL ESTATE”? Appellants claim that these modular units are not sufficiently annexed to the real estate for purposes of AS 34.35.055 so as to create a lienable interest in the leasehold estate.”
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “On the facts of this record, we do not believe that the trial court’s determination that neither party was entitled to an award of costs or attorney’s fees necessarily frustrated this purpose.”
— Alaska Stat. § 34.35.055(a) — 3 cases
Nerox Power Sys., Inc. v. M-B Contracting Co., 54 P.3d 791 (Alaska 2002). “Nerox Power urges that this interpretation is required by the language in AS 34.35.055(a). 37 However, the statute does not require so narrow an interpretation.”
Torkko/Korman/Engineers v. Penland Ventures, 673 P.2d 769 (Alaska 1983). “050 must be read with AS 34.35.055(a) which provides in part: (a) The land upon which a building or other improvement described in section 50 of this chapter is constructed, .”
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “On the facts of this record, we do not believe that the trial court’s determination that neither party was entitled to an award of costs or attorney’s fees necessarily frustrated this purpose.”
— Alaska Stat. § 34.35.055(b) — 1 case
Torkko/Korman/Engineers v. Penland Ventures, 673 P.2d 769 (Alaska 1983). “050 must be read with AS 34.35.055(a) which provides in part: (a) The land upon which a building or other improvement described in section 50 of this chapter is constructed, .”
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