Section 40.17.030. Formal requisites for recording.

   (a) Except as provided in (b), (c), and (e) of this section, to be eligible for recording, a document must
        (1) contain original signatures;
        (2) be legible or capable of being converted into legible form by a machine or device used in the recording office;
        (3) be capable of being copied by the method used in the recording office;
        (4) contain a title reflecting the overall intent of the document;
        (5) contain the information needed to index the document under regulations of the department;
        (6) contain a book and page reference or serial number reference if the document amends, corrects, extends, modifies, assigns, or releases a document previously recorded in this state;
        (7) contain the name and address of a person to whom the document may be returned after recording;
        (8) if it is a deed, contain the mailing addresses of all persons named in the document who grant or acquire an interest under the document;
        (9) contain the name of the recording district in which it is to be recorded; and
        (10) be accompanied by the applicable recording fee set by regulation; if the document is to be recorded for multiple purposes, it must be accompanied by the applicable fee for each of the multiple purposes.
   (b) To be eligible for recording, a certified copy of an official document from a governmental office need only meet the requirements of (a)(2), (7), (9), and (10) of this section.
   (c) To be eligible for recording, an exact or fully conformed copy of an original document must be accompanied by an affidavit of the person offering the document. The affidavit must meet the requirements of (a) of this section and must state that
        (1) the exact or fully conformed copy was received by the person in the course of the transaction;
        (2) the original is not in the person's possession; and
        (3) the instrument offered for recordation is an exact or fully conformed copy.
   (d) The recorder shall prescribe the style, size, form, and quality that a document, plat, plan, or survey map must satisfy for filing and recording under this chapter.
   (e) A recording fee may not be charged to record a public recreational use easement under AS 34.17.100, and, notwithstanding (a)(10) of this section, the easement shall be eligible for recording.

Authorities

37.05.146;40.17.020;40.17.035;40.17.070;40.17.110;40.17.125

Notes

Implemented As

11 AAC 05.010
11 AAC 06.030
11 AAC 06.040
11 AAC 06.080
11 AAC 06.090
11 AAC 06.100
11 AAC 06.900

References

11 AAC 06.030
11 AAC 06.040
11 AAC 06.051
11 AAC 06.070
11 AAC 06.080
11 AAC 06.100
AS 37.05.146 Definition of program receipts and non-general fund program receipts.
AS 40.17.020 Recording conveyances.
AS 40.17.035 Recording criteria.
AS 40.17.070 Duties of recorder; time recording is effective.
AS 40.17.110 Documents eligible for recording.
AS 40.17.125 Recording affidavits related to manufactured homes.

History

(Sec. 1 ch 161 SLA 1988; am Sec. 3 ch 119 SLA 1996; am Sec. 1 ch 76 SLA 2008; am Sec. 3, 4 ch 116 SLA 2008)