Alaska Stat. § 40.17.080
Effect of recording on title and rights; constructive notice
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Sec. 40.17.080. Effect of recording on title and rights; constructive notice.
(a) Subject to (c) and (d) of this section, from the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers and holders of a security interest in the same property or a part of the property.
(b) A conveyance of real property in the state, other than a lease for a term of less than one year, is void as against a subsequent innocent purchaser in good faith for valuable consideration of the property or a part of the property whose conveyance is first recorded. An unrecorded conveyance is valid as between the parties to it and as against one who has actual notice of it. In this subsection, “purchaser” includes a holder of a consensual interest in real property that secures payment or performance of an obligation.
(c) The recording of an assignment of a security interest is not in itself notice to the debtor. The debtor may pay the assignor unless the debtor has actual notice of the assignment.
(d) A recorded option or agreement to enter into a contract in the future ceases to be constructive notice for any purpose
(1) when six months have elapsed after the date of recording of the option or agreement, if the recorded option or agreement contains no expiration date;
(2) when 30 days have elapsed after the expiration date of the option or agreement, if the recorded option or agreement contains an expiration date.
(a) Subject to (c) and (d) of this section, from the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers and holders of a security interest in the same property or a part of the property.
(b) A conveyance of real property in the state, other than a lease for a term of less than one year, is void as against a subsequent innocent purchaser in good faith for valuable consideration of the property or a part of the property whose conveyance is first recorded. An unrecorded conveyance is valid as between the parties to it and as against one who has actual notice of it. In this subsection, “purchaser” includes a holder of a consensual interest in real property that secures payment or performance of an obligation.
(c) The recording of an assignment of a security interest is not in itself notice to the debtor. The debtor may pay the assignor unless the debtor has actual notice of the assignment.
(d) A recorded option or agreement to enter into a contract in the future ceases to be constructive notice for any purpose
(1) when six months have elapsed after the date of recording of the option or agreement, if the recorded option or agreement contains no expiration date;
(2) when 30 days have elapsed after the expiration date of the option or agreement, if the recorded option or agreement contains an expiration date.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 1989–2022 · leading case: Methonen v. Stone
Methonen v. Stone (1997)
“AS 40.17.080 provides: Effect of recording on title and rights; constructive notice, (a) Subject to (c) and (d) of this section, from the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is…”
Dressel v. Weeks (1989)
“Alaska’s recording act, AS 40.17.010-40.”
K & L Distributors, Inc. v. Kelly Electric, Inc. (1995)
“AS 40.17.080(a) states in part: [F]rom the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers! and holders of a…”
Gottstein v. Kraft (2012)
“AS 40.17.080(a). 30 . Cf. Modrok, 523 P.2d at 175 ("If .”
Graeber v. Hickel Investment Co. (1990)
“AS 40.17.080(b). An unrecorded conveyance is valid only as between the parties to the conveyance and those with actual notice of it.”
Jae Y. Chang v. George Hunziker, Hyeran Hunziker, Jungmok Rhee, and Ukyung Lee (2022)
“4 See AS 40.17.080(b) (“A conveyance of real property .”
Krister Evertson f/k/a Kris Eriksson v. Lillian Eriksson Sibley f/k/a Lillian K. Eriksson-Hebdon and Lillian K. Hebdon L (2022)
“”); see also AS 40.17.080(b) (“A conveyance of real property in the state .”
— Alaska Stat. § 40.17.080(a) — 3 cases
Dressel v. Weeks (1989)
“Alaska’s recording act, AS 40.17.010-40.”
K & L Distributors, Inc. v. Kelly Electric, Inc. (1995)
“AS 40.17.080(a) states in part: [F]rom the time a document is recorded in the records of the recording district in which land affected by it is located, the recorded document is constructive notice of the contents of the document to subsequent purchasers! and holders of a…”
Gottstein v. Kraft (2012)
“AS 40.17.080(a). 30 . Cf. Modrok, 523 P.2d at 175 ("If .”
— Alaska Stat. § 40.17.080(b) — 3 cases
Graeber v. Hickel Investment Co. (1990)
“AS 40.17.080(b). An unrecorded conveyance is valid only as between the parties to the conveyance and those with actual notice of it.”
Jae Y. Chang v. George Hunziker, Hyeran Hunziker, Jungmok Rhee, and Ukyung Lee (2022)
“4 See AS 40.17.080(b) (“A conveyance of real property .”
Krister Evertson f/k/a Kris Eriksson v. Lillian Eriksson Sibley f/k/a Lillian K. Eriksson-Hebdon and Lillian K. Hebdon L (2022)
“”); see also AS 40.17.080(b) (“A conveyance of real property in the state .”
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