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- Alaska Statutes.
- Title 9. Code of Civil Procedure
- Chapter 25. Evidence, Presumptions, and Privileges
- Section 40. Rules For Construing Real Estate Descriptions.
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. Representations as to Credit, Skill, or Character of a Third Person.
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. [Renumbered as AS 09.45.052
AS 09.25.040. Rules For Construing Real Estate Descriptions.
The following are the rules for construing the descriptive part of a conveyance of real property when the construction
is doubtful and there are no other sufficient circumstances to determine it:
- (1) where there are certain definite and ascertained particulars in the description, the addition of others which are
indefinite, unknown, or false does not frustrate the conveyance, but it is to be construed by those particulars if they
constitute a sufficient description to ascertain its application:
- (2) when permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of
lines, angles, or surfaces, the boundaries or monuments are paramount:
- (3) between different measurements which are inconsistent with each other, that of angles is paramount to that of
surfaces, and that of lines paramount to both:
- (4) when a road or stream of water not navigable is the boundary, the rights of the grantor to the middle of the road or
the thread of the stream are included in the conveyance, except where the road or bed of the stream is held under
- (5) when tidewater is the boundary, the rights of the grantor to low-water mark are included in the conveyance:
- (6) when the description refers to a map and that reference is inconsistent with other particulars, it controls them if it
appears that the parties acted with reference to the map; otherwise the map is subordinate to other definite and
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