Alaska Statutes
Alaska Stat. § 34.35.065 (2026)
Notice of nonresponsibility
✓ current as of July 2026
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Sec. 34.35.065. Notice of nonresponsibility.
(a) A building or improvement mentioned in AS 34.35.050 constructed with the knowledge of the owner of the land or the person having or claiming an interest in the land is considered to be constructed at the instance of the owner or person having or claiming the interest.
(b) The interest owned or claimed is subject to a lien recorded under AS 34.35.050 — 34.35.120, unless
(1) the owner or person having or claiming an interest in the land gives notice within three days after the owner or other person obtains knowledge of the construction, alteration, or repair that the owner or other person will not be responsible for it, by posting a notice to that effect in writing in some conspicuous place upon the land or upon the building or other improvement located on the land;
(2) the notice is signed by the owner or person having or claiming an interest in the land in the presence of two attesting witnesses or acknowledged by the owner or other person before a notary public;
(3) the posting of notice is attested to by a witness; and
(4) an attested or notarized copy of the notice is recorded with the recorder of the recording district in which the land, building, or other improvement is located within three days after the posting of the notice.
(a) A building or improvement mentioned in AS 34.35.050 constructed with the knowledge of the owner of the land or the person having or claiming an interest in the land is considered to be constructed at the instance of the owner or person having or claiming the interest.
(b) The interest owned or claimed is subject to a lien recorded under AS 34.35.050 — 34.35.120, unless
(1) the owner or person having or claiming an interest in the land gives notice within three days after the owner or other person obtains knowledge of the construction, alteration, or repair that the owner or other person will not be responsible for it, by posting a notice to that effect in writing in some conspicuous place upon the land or upon the building or other improvement located on the land;
(2) the notice is signed by the owner or person having or claiming an interest in the land in the presence of two attesting witnesses or acknowledged by the owner or other person before a notary public;
(3) the posting of notice is attested to by a witness; and
(4) an attested or notarized copy of the notice is recorded with the recorder of the recording district in which the land, building, or other improvement is located within three days after the posting of the notice.
Notes of Decisions
Cited in 5
cases, 1966–2009 · 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). “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 lien, mortgage, or other incumbrance which…”
Vaara v. Ketchikan Spruce Mills, 432 P.2d 618 (Alaska 1967). “Again we are uncertain as to whether the trial court adopted a rule of law analogous to Judge Tucker’s reasoning in the Labay case, and therefore concluded that AS 34.35.065’s requirements were met because appellant possessed such knowledge as would have put a reasonable man on…”
Lynch v. McCann, 478 P.2d 835 (Alaska 1970). “In the case at bar the trial court further determined that the Lynches were subordinate to the three lien claimants because of their failure to post a notice of nonrespon-sibility as required by AS 34.35.065. 17 In Brand v. First Federal Savings & Loan Association, 18 the…”
Lakloey, Inc. v. Ballek, 211 P.3d 662 (Alaska 2009). “050(4) and AS 34.35.065. Alaska Statute 34.35.050(4) allows a mechanic's lien for a claimant who "furnishes equipment that is delivered to and used upon real property under a contract with the owner or the agent of the owner for the construction, alteration, or repair of a…”
Stephenson v. Ketchikan Spruce Mills, Inc., 412 P.2d 496 (Alaska 1966). “[9] AS 34.35.065. [10] Michael Rose Prod., Inc.”
— Alaska Stat. § 34.35.065(a) — 2 cases
Vaara v. Ketchikan Spruce Mills, 432 P.2d 618 (Alaska 1967). “Again we are uncertain as to whether the trial court adopted a rule of law analogous to Judge Tucker’s reasoning in the Labay case, and therefore concluded that AS 34.35.065’s requirements were met because appellant possessed such knowledge as would have put a reasonable man on…”
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “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 lien, mortgage, or other incumbrance which…”
— Alaska Stat. § 34.35.065(b) — 2 cases
Brand v. First Fed. Sav. & Loan Ass'n of Fairbanks, 478 P.2d 829 (Alaska 1970). “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 lien, mortgage, or other incumbrance which…”
Vaara v. Ketchikan Spruce Mills, 432 P.2d 618 (Alaska 1967). “Again we are uncertain as to whether the trial court adopted a rule of law analogous to Judge Tucker’s reasoning in the Labay case, and therefore concluded that AS 34.35.065’s requirements were met because appellant possessed such knowledge as would have put a reasonable man on…”
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