Alaska Statutes
Alaska Stat. § 34.35.064 (2026)
Notice of right to lien
✓ current as of July 2026
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Sec. 34.35.064. Notice of right to lien.
(a) Before furnishing labor, material, service, or equipment for a project, a person may give a notice of right to lien to the owner or owner's agent. If the notice is given in accordance with this section, the owner has the burden of proof to show that the owner did not know of or consent to the furnishing of the labor, material, service, or equipment by the claimant in an action to foreclose the claimant's lien on the property under AS 34.35.050 — 34.35.120. Otherwise the claimant has the burden of proof to show that the owner knew of and consented to the furnishing of the labor, material, service, or equipment. The notice of right to lien must be in writing, state that it is a notice of a right to assert a lien against real property for labor, materials, services, or equipment furnished in connection with a project, and contain
(1) a legal description sufficient for identification of the real property;
(2) the name of the owner;
(3) the name and address of the claimant;
(4) the name and address of the person with whom the claimant contracted;
(5) a general description of the labor, materials, services, or equipment provided or to be provided;
(6) a statement that the claimant may be entitled to record a claim of lien; and
(7) the following statement in type no smaller than that used in providing the information required by (1) — (6) of this subsection:
WARNING: Unless provision is made for payment of sums that may be due to the undersigned, your above property may be subject to foreclosure to satisfy those sums even though you may pay a prime contractor or other person for the labor, material, service, or equipment furnished by the undersigned.
(b) Upon request from an owner, lender, or prime contractor, a claimant who has given a notice of right to lien under this section shall disclose to the requester within five days the most recent accounting of the amount due and unpaid to that claimant under the terms of the contract and a description of labor, materials, services, or equipment that the claimant reasonably anticipates furnishing.
(a) Before furnishing labor, material, service, or equipment for a project, a person may give a notice of right to lien to the owner or owner's agent. If the notice is given in accordance with this section, the owner has the burden of proof to show that the owner did not know of or consent to the furnishing of the labor, material, service, or equipment by the claimant in an action to foreclose the claimant's lien on the property under AS 34.35.050 — 34.35.120. Otherwise the claimant has the burden of proof to show that the owner knew of and consented to the furnishing of the labor, material, service, or equipment. The notice of right to lien must be in writing, state that it is a notice of a right to assert a lien against real property for labor, materials, services, or equipment furnished in connection with a project, and contain
(1) a legal description sufficient for identification of the real property;
(2) the name of the owner;
(3) the name and address of the claimant;
(4) the name and address of the person with whom the claimant contracted;
(5) a general description of the labor, materials, services, or equipment provided or to be provided;
(6) a statement that the claimant may be entitled to record a claim of lien; and
(7) the following statement in type no smaller than that used in providing the information required by (1) — (6) of this subsection:
WARNING: Unless provision is made for payment of sums that may be due to the undersigned, your above property may be subject to foreclosure to satisfy those sums even though you may pay a prime contractor or other person for the labor, material, service, or equipment furnished by the undersigned.
(b) Upon request from an owner, lender, or prime contractor, a claimant who has given a notice of right to lien under this section shall disclose to the requester within five days the most recent accounting of the amount due and unpaid to that claimant under the terms of the contract and a description of labor, materials, services, or equipment that the claimant reasonably anticipates furnishing.
Notes of Decisions
Cited in 3
cases, 1987–2010 · leading case: Donnybrook Bldg. Supply Co. v. Alaska Nat'l Bank of the North, 736 P.2d 1147 (Alaska 1987).
Donnybrook Bldg. Supply Co. v. Alaska Nat'l Bank of the North, 736 P.2d 1147 (Alaska 1987). “Donnybrook filed Notices of Right to Lien pursuant to AS 34.35.064 for the two house projects at issue here on October 29.”
Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989). “070 or notice of claim to lien under AS 34.35.064 has been recorded before the encumbrance.”
Muir Milach Mgmt., LLC v. Battley (In Re Adak Fisheries, LLC), 459 B.R. 731 (Bankr. D. Alaska 2010). “070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the sales tax lien.”
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