- Alaska Statutes.
- Title 40. Public Records and Recorders
- Chapter 17. Recording of Documents
- Section 90. Conveyances and Recorded Documents as Evidence.
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. Effect of Recording On Title and Rights; Constructive Notice.
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. Recording a Reconveyance.
AS 40.17.090. Conveyances and Recorded Documents as Evidence.
- (a) A conveyance that is acknowledged, proven, or certified under AS 34.15.150 - 34.15.250 is admissible as evidence of the conveyance
without further proof.
- (b) An acknowledged and recorded signed document relating to title to real property creates presumptions with respect to
- (1) the document is genuine and was executed as the voluntary act of the person purporting to execute it;
- (2) the person executing the document and the person on whose behalf it is executed are the persons they are purported to
be and the person executing it was neither incompetent nor a minor at any relevant time;
- (3) delivery of the document occurred notwithstanding a lapse of time between dates on the document and the date of
- (4) any necessary consideration was given;
- (5) the grantee, transferee, or beneficiary of an interest created or claimed by the document acted in good faith at all
relevant times up to and including the time of the recording;
- (6) a person purporting to act as an agent, attorney in fact under a recorded power of attorney or authority, officer of
an organization, or in a fiduciary or official capacity, held the position the person purported to hold, acted within
the scope of the person's authority, and in the case of an organization, the authorization satisfied all requirements
of law; and in the case of an agent, acted for a principal who was neither incompetent nor a minor at any relevant time
and who had not revoked the agency;
- (7) if the document purports to be executed in accordance with or to be a final determination in a judicial or
administrative proceeding, or to be executed under a power of eminent domain, the court, official body, or condemnor
acted within its jurisdiction and all steps required for the execution of the title document were taken;
- (8) the recitals and other statements of fact in a conveyance are true if the matter stated is relevant to the purpose of
- (9) the persons named in, signing, or acknowledging the document and persons named in, signing, or acknowledging another
related document in a chain of title are identical, if the persons appear in those documents under identical names, or
under variants of the names, including inclusion, exclusion, or use of
- (A) commonly recognized abbreviations, contractions, initials, or colloquial or other equivalents;
- (B) first or middle names or initials;
- (C) simple transpositions that produce substantially similar pronunciations;
- (D) articles or prepositions in names or titles;
- (E) descriptions of entities as corporations, companies, or abbreviations or contractions of either; or
- (F) name suffixes, such as "Senior" or "Junior", unless other information appears of record indicating that they are
different persons; and
- (10) all other requirements for the execution, delivery, and validity of the document have been satisfied.
- (c) The presumptions stated in (b) of this section arise even if the document purports only to release a claim or convey
an interest of the person executing it or of the person on whose behalf it is executed.
- (d) Facts stated in a recorded certificate of a public official in affidavit form or under the seal of the official's
office and derived from information or documents obtained or kept by the official as part of official duties are
presumed to be true.
- (e) If presumptions created by this section are inconsistent, the presumption applies that is founded upon weightier
consideration of policy and logic. If these considerations are of equal weight, neither presumption applies.
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