Earthslide Relief Act

Alaska · Code of Civil Procedure · §§ 09.45.010 to 09.45.990 · 129 sections

Overview

The Earthslide Relief Act governs civil actions over interests in real property in Alaska, reaching suits to quiet title and settle disputed boundaries, claims of adverse possession, proceedings to recover possession from tenants and other occupants, the foreclosure of liens on land, the abatement of private nuisances, and the partition or sale of jointly held property. It supplies the procedural machinery for each of these: courts may appoint referees to establish and mark boundary lines and report back for confirmation; a landlord must serve a notice to quit meeting specified requirements before suing for possession; and self-help is displaced by barring forcible entry or detention and channeling disputes into a statutory action. The act also addresses liens asserted without the owner's consent, creating a means to demand their release and imposing liability on the claimant, and it directs how encumbered property is sold and how it may be redeemed after a foreclosure judgment.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

Sections covered

AS 09.45.010Action to quiet title
AS 09.45.015Land adjoining highway reservation
AS 09.45.020Action to establish boundaries
AS 09.45.030Appointment of referees to establish and mark boundaries
AS 09.45.040Oaths and report of referees
AS 09.45.050Court action on the referees' report
AS 09.45.052Adverse possession
AS 09.45.060Prohibition of use of force for entry on realty
AS 09.45.070Action for forcible entry or detention
AS 09.45.080Undertaking on appeal. [Repealed, § 4 ch 10 SLA 1974.]
AS 09.45.090Unlawful holding by force
AS 09.45.100Notice to quit
AS 09.45.105Content of notice to quit
AS 09.45.110Time when action to recover possession may be brought
AS 09.45.120Summons and continuance
AS 09.45.130Action against persons paying rent in advance
AS 09.45.135Action against tenant occupying premises abated as nuisance
AS 09.45.140Agricultural tenant
AS 09.45.150Inquiry into merits of title
AS 09.45.158Action by nonprofit housing corporation
AS 09.45.160Actions for possession of realty
AS 09.45.161Lien against public servant
AS 09.45.164Request for release of nonconsensual common law lien
AS 09.45.167Liability of nonconsensual common law lien claimant or grantee
AS 09.45.169Definitions
AS 09.45.170Judgment on foreclosure of lien
AS 09.45.180Sale of encumbered property
AS 09.45.190Redemption after foreclosure of lien
AS 09.45.200Effect of action to recover debt
AS 09.45.210Proceedings when debt secured is not all due
AS 09.45.220Effect of payment before judgment or sale
AS 09.45.230Action based on private nuisance
AS 09.45.235Agricultural operations as private nuisances
AS 09.45.240Manner of abatement
AS 09.45.250Order staying issue of warrant
AS 09.45.255Definition of nuisance
AS 09.45.260Right of action for partition or sale
AS 09.45.270Lien on undivided interest
AS 09.45.280Determination of rights of parties
AS 09.45.290Order for partition or sale
AS 09.45.300Report of referees
AS 09.45.310Effect of judgment
AS 09.45.320Tenant not affected by judgment
AS 09.45.330Order of sale
AS 09.45.340Estate of life or years
AS 09.45.350Reference to determine liens
AS 09.45.360Appearance of lienholders before referee
AS 09.45.370Effect of confirmation of report
AS 09.45.380Application of proceeds from sale of encumbered property
AS 09.45.390Lienholder having other securities
AS 09.45.400Distribution of proceeds of sale
AS 09.45.410Continuation of action to determine claims to proceeds
AS 09.45.420Sale procedure
AS 09.45.430Credit terms
AS 09.45.440Credit security
AS 09.45.450Disposal of estate for life or years
AS 09.45.460Compensation for sale of estate for life or years
AS 09.45.470Determination of value of estate for life or years sold without consent
AS 09.45.480Rules for determining value
AS 09.45.490Protection of unknown tenants
AS 09.45.496[Renumbered (a) as AS 34.03.285 and (b) as AS 34.03.115.]
AS 09.45.500Vested or contingent future rights or estate
AS 09.45.510Separate sales of farms or lots
AS 09.45.520Persons ineligible to purchase. [Repealed, § 5 ch 78 SLA 1972.]
AS 09.45.530Report of sale
AS 09.45.540Confirmation or vacation of sale
AS 09.45.550Investment of proceeds belonging to unknown or nonresident owner
AS 09.45.560Security taken and investments made in name of court clerk
AS 09.45.570Security taken in names of parties when interests ascertained
AS 09.45.580Duties of clerk in securities and investments
AS 09.45.590Compensation for unequal partition
AS 09.45.600Payment to guardian of share of infant
AS 09.45.610Payment to guardian of share of insane or incompetent person
AS 09.45.620Apportionment of cost of partition
AS 09.45.630Actions for recovery of real property
AS 09.45.640Damages for withholding property and value of improvements as setoff
AS 09.45.650Termination of right to recover property during pendency of action
AS 09.45.660Order for survey and measurement of property
AS 09.45.670Effect of alienation by person in possession
AS 09.45.680Mortgage not a conveyance
AS 09.45.690Failure to pay rent
AS 09.45.700Judgment in actions to recover possession
AS 09.45.710Possession when new trial granted
AS 09.45.720Actions to recover possession by tenant in dower. [Repealed, § 1 ch 89 SLA 1984.]
AS 09.45.730Trespass by cutting or injuring trees or shrubs
AS 09.45.735Trespass related to geotechnical surveys and mining
AS 09.45.740Right of action for waste
AS 09.45.795[Renumbered as AS 09.65.200.]
AS 09.45.797[Renumbered as AS 09.65.220.]
AS 09.45.800Prerequisite earthslide changing land boundaries
AS 09.45.805Parties
AS 09.45.810Separate actions as to separate slide areas
AS 09.45.815Complaint
AS 09.45.820Publication and posting of notice
AS 09.45.825Procedure applicable
AS 09.45.830Jurisdiction
AS 09.45.835Answer
AS 09.45.840Lis pendens
AS 09.45.845Vacating of streets in whole or in part
AS 09.45.850Proof of facts
AS 09.45.855Scope of judgment
AS 09.45.860Standards for judgment
AS 09.45.865Effect of judgment
AS 09.45.870Recording of judgment
AS 09.45.875Cumulative remedies
AS 09.45.880Short title
AS 09.45.881Notice of claim
AS 09.45.882Written response to notice of claim
AS 09.45.883Court action allowed if claim disputed or not responded to
AS 09.45.884Consequence of rejecting inspection or settlement offer
AS 09.45.885Consequence of accepting inspection offer
AS 09.45.886Procedure after inspection
AS 09.45.887Court action allowed after failure to repair or to settle
AS 09.45.888Court action allowed if claimant rejects offer
AS 09.45.889Unreasonable rejection of offer
AS 09.45.890Acceptance of offer
AS 09.45.891Presumption of mitigation
AS 09.45.892Noncompliance assertion prohibited
AS 09.45.893Notice required in contract
AS 09.45.894Additional construction defects; additional notice of claim required
AS 09.45.895Limitation on damages; collateral sources
AS 09.45.896Exemption
AS 09.45.899Definitions
AS 09.45.900Joining unknown heirs as defendants in real property suits
AS 09.45.910Service on unknown heirs by publication
AS 09.45.920Unknown claimants in real property suits
AS 09.45.930Rights of unknown heirs and parties served by publication
AS 09.45.940Lis pendens
AS 09.45.990Definitions

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