- Alaska Statutes.
- Title 34. Property
- Chapter 35. Liens
- Section 60. Priorities.
previous: Section 55
. Land Subject to Lien.
next: Section 62
. Construction Financing.
AS 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- (b) [Repealed, Sec. 19 ch 175 SLA 1978].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.
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