Alaska Statutes
Alaska Stat. § 34.35.060 (2026)
Priorities
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Sec. 34.35.060. Priorities.
(a) Except as provided in (c) of this section, an encumbrance which is properly recorded shall be preferred to a lien created under AS 34.35.050 — 34.35.120 unless the claim of lien under AS 34.35.070 or notice of right to lien under AS 34.35.064 has been recorded before the encumbrance. The preference granted for a prior mortgage or deed of trust under this section applies without regard to when the sums are disbursed or whether the disbursements are required under the terms of a loan agreement.
(b) [Repealed, § 19 ch 175 SLA 1978.]
(c) A lien created by AS 34.35.050 — 34.35.120 in favor of an individual actually performing labor upon a building or other improvement in its original construction or of a trustee of an employee benefit trust for those individuals is preferred to a prior encumbrance upon the land on which the building or other improvement is constructed.
(d) In enforcing the lien, the building or other improvement may be sold separately from the land. When sold separately, the purchaser may remove the building or other improvement within a reasonable time after the sale, not to exceed 30 days, upon the payment to the owner of the land of a reasonable rent for its use from the date of its purchase to the time of removal. If removal is prevented by legal proceedings, the 30 days does not begin to run until the final determination of the proceedings in the court of first resort, or in the appellate court if appeal is taken.
(a) Except as provided in (c) of this section, an encumbrance which is properly recorded shall be preferred to a lien created under AS 34.35.050 — 34.35.120 unless the claim of lien under AS 34.35.070 or notice of right to lien under AS 34.35.064 has been recorded before the encumbrance. The preference granted for a prior mortgage or deed of trust under this section applies without regard to when the sums are disbursed or whether the disbursements are required under the terms of a loan agreement.
(b) [Repealed, § 19 ch 175 SLA 1978.]
(c) A lien created by AS 34.35.050 — 34.35.120 in favor of an individual actually performing labor upon a building or other improvement in its original construction or of a trustee of an employee benefit trust for those individuals is preferred to a prior encumbrance upon the land on which the building or other improvement is constructed.
(d) In enforcing the lien, the building or other improvement may be sold separately from the land. When sold separately, the purchaser may remove the building or other improvement within a reasonable time after the sale, not to exceed 30 days, upon the payment to the owner of the land of a reasonable rent for its use from the date of its purchase to the time of removal. If removal is prevented by legal proceedings, the 30 days does not begin to run until the final determination of the proceedings in the court of first resort, or in the appellate court if appeal is taken.
Notes of Decisions
Cited in 16
cases, 1970–2012 · leading case: Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970).
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “1 Lien priorities are governed by AS 34.35.060 and AS 34.35.065. The former provides: Priorities, (a) A lien created by §§ 50 — 120 of this chapter upon land and a building or other Improvement constructed or located upon the land when altered or repaired is preferred over a…”
Lynch v. McCann, 478 P.2d 835 (Alaska 1970). “Despite these findings, the trial court ordered separate sale and removal of the new addition, pursuant to AS 34.35.060 (d). This subsection pertaining to mechanics’ and materialmens’ lien priorities provides in part that: “In enforcing the lien, the building or other…”
Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989). “In 1978, the legislature substantially revised the mechanics’ lien statutes, including AS 34.35.060, governing priorities between encumbrances and liens.”
Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569 (Alaska 1989). “AS 34.35.060(c). While no party to this action asserts a lien under AS 34.”
Young v. Embley, 143 P.3d 936 (Alaska 2006). “For example, AS 34.35.060 provides a detailed priority scheme among competing liens that has no analog in the deed of trust statutes, and a holder of a junior interest to a deed of trust is not confined to statutory remedies.”
Donnybrook Bldg. Supply Co. v. Alaska Nat'l Bank of the North, 736 P.2d 1147 (Alaska 1987). “AS 34.35.060(c). While no party to this action asserts a claim under AS 34.”
D.H. Blattner & Sons, Inc. v. N.M. Rothschild & Sons, Ltd., 55 P.3d 37 (Alaska 2002). “(b) The lien attaches to the dump or mass, and to the gold, gold dust, or other mineral, whether they are deposited on the ground in a mass, or dumped into bunkers or hoppers, or stored in tanks or reservoirs, or placed in sluice boxes at the mine, and attaches to the gold, gold…”
K & L Distributors, Inc. v. Kelly Elec., Inc., 908 P.2d 429 (Alaska 1995). “AS 34.35.060(c) states that a previously recorded encumbrance on the realty has priority over these types of liens unless the labor or materials provided are "in [the building’s] original construction;” see also Lynch v.”
Lundgren v. Nat'l Bank of Alaska, 756 P.2d 270 (Alaska 1987). “310), lien statutes (AS 34.35.060), and Uniform Commercial Code (AS 45.”
Foster v. Cross, 650 P.2d 406 (Alaska 1982). “AS 34.35.060(c). In the event of financial failure of the project, a substantial portion of the market value of the property might be consumed by prior mechanics’ liens, leaving the Crosses with little or nothing.”
Fikes v. First Fed. Sav. & Loan Ass'n of Anchorage, 533 P.2d 251 (Alaska 1975). “15.290. 7 . We explained the nature and effect of “inquiry notice” in Modrolc v.”
Lundgren v. Nat'l Bank of Alaska, 742 P.2d 227 (Alaska 1987). “310), lien statutes (AS 34.35.060), and Uniform Commercial Code (AS 45.”
Alaska Stat. § 34.35.060(a): 3 cases
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “1 Lien priorities are governed by AS 34.35.060 and AS 34.35.065. The former provides: Priorities, (a) A lien created by §§ 50 — 120 of this chapter upon land and a building or other Improvement constructed or located upon the land when altered or repaired is preferred over a…”
Rush v. Alaska Mortg. Grp., 937 P.2d 647 (Alaska 1997).
Muir Milach Mgmt., LLC v. Battley (In Re Adak Fisheries, LLC), 459 B.R. 731 (Bankr. D. Alaska 2010).
Alaska Stat. § 34.35.060(b): 1 case
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “1 Lien priorities are governed by AS 34.35.060 and AS 34.35.065. The former provides: Priorities, (a) A lien created by §§ 50 — 120 of this chapter upon land and a building or other Improvement constructed or located upon the land when altered or repaired is preferred over a…”
Alaska Stat. § 34.35.060(c): 8 cases
Lynch v. McCann, 478 P.2d 835 (Alaska 1970). “Despite these findings, the trial court ordered separate sale and removal of the new addition, pursuant to AS 34.35.060 (d). This subsection pertaining to mechanics’ and materialmens’ lien priorities provides in part that: “In enforcing the lien, the building or other…”
Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989). “In 1978, the legislature substantially revised the mechanics’ lien statutes, including AS 34.35.060, governing priorities between encumbrances and liens.”
Great W. Sav. Bank v. George W. Easley Co., 778 P.2d 569 (Alaska 1989). “AS 34.35.060(c). While no party to this action asserts a lien under AS 34.”
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “1 Lien priorities are governed by AS 34.35.060 and AS 34.35.065. The former provides: Priorities, (a) A lien created by §§ 50 — 120 of this chapter upon land and a building or other Improvement constructed or located upon the land when altered or repaired is preferred over a…”
Donnybrook Bldg. Supply Co. v. Alaska Nat'l Bank of the North, 736 P.2d 1147 (Alaska 1987). “AS 34.35.060(c). While no party to this action asserts a claim under AS 34.”
Alaska Stat. § 34.35.060(d): 1 case
Lynch v. McCann, 478 P.2d 835 (Alaska 1970). “Despite these findings, the trial court ordered separate sale and removal of the new addition, pursuant to AS 34.35.060 (d). This subsection pertaining to mechanics’ and materialmens’ lien priorities provides in part that: “In enforcing the lien, the building or other…”
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