The purpose of AS 34.35.230 – 34.35.315 is remedial to secure laborers, contractors, and subcontractors the amount due them for labor performed in producing, or furnishing lumber. AS 34.35.230 – 34.35.315 shall be liberally construed to effect this purpose.
(a) The following persons shall have liens upon timber for the work done upon, or in obtaining or securing, or for services rendered in towing, transporting, hauling, or driving it: (1) a person who performs labor upon, or who assists in obtaining or securing timber; (2) the owner of a tugboat or towboat that tows […]
(a) A person who claims a lien under AS 34.35.235 within 60 days after the completion of the service or after the close of the work must record a claim with the recorder of the recording district in which the timber is cut. (b) The claim must contain (1) a statement of the demand and […]
A person who permits another to go upon the person’s land and cut timber has a lien upon the timber for the price agreed to be paid for the privilege, or for the price the privilege would reasonably be worth if there is no express agreement fixing the price.
(a) A person who claims a lien under AS 34.35.245 must record, within 90 days from the cutting of the timber, a claim with the recorder of the recording district in which the saw timber is cut. (b) The claim must be in substance the same as provided in AS 34.35.240 and must be verified […]
(a) Liens under AS 34.35.230 – 34.35.315 are preferred liens and are prior to other liens. A sale or transfer of timber does not divest a lien on it under AS 34.35.230 – 34.35.315. (b) As between liens under AS 34.35.230 – 34.35.315 those for work and labor are preferred. (c) As between liens for […]
(a) A lien under AS 34.35.230 – 34.35.315 does not bind property for more than six months after notice of the lien is recorded, unless suit is brought to enforce the lien in the proper court within that time or if credit is given, within six months after the expiration of the credit. (b) A […]
(a) The lien provided for saw logs and shingle bolts is not released or lost by the manufacture of the saw logs or shingle bolts into lumber or shingles, and the lien may be enforced against the lumber and shingles manufactured from them. (b) A lien may not be acquired upon or enforced against lumber […]
(a) The commissioner of public safety or a peace officer designated by the commissioner shall be the receiver, when one is appointed, and the superior court, upon a showing made, shall appoint the receiver, without notice. (b) The receiver is entitled to fees which seem just to the court, and shall account for the fees […]
The court shall conclusively presume that a party purchasing the property liened upon within the 60 days given to claimants to record their liens is not an innocent third party and is not a bona fide owner of the property, unless it appears that (1) the purchaser has paid full value for the property; and […]
(a) The following persons may demand that a lien under AS 34.35.230 – 34.35.315 be enforced: (1) a person who brings an action to enforce the lien; or (2) a person who has a lien under AS 34.35.230 – 34.35.315, and who is made a party to an action to enforce a lien under those […]
A person who, as a contractor, supplies lumber under a contract is entitled to the lien under AS 34.35.230 – 34.35.315 to the amount due on the contract. However, the lien is subject and subsequent to the liens of the laborers under AS 34.35.230 – 34.35.315 for the amounts due them for labor on the […]
(a) The court or judge may in vacation, upon motion supported by affidavit showing that the property is liable to loss or destruction, order that property subject to a lien under AS 34.35.230 – 34.35.315 be sold by the peace officer before judgment is rendered, as personal property is sold under execution. (b) The proceeds […]
(a) A person who eloigns, injures, or destroys or who makes difficult, uncertain, or impossible the identification of timber upon which there is a lien under AS 34.35.230 – 34.35.315, without the express consent of the lienholder, is liable to the lienholder for the damages to the amount secured by the lien, together with costs […]
(a) A person who performs work or assists in manufacturing timber into lumber has a lien upon the lumber while it remains at the mill where it is manufactured, or in the possession or under the control of the manufacturer, whether the work is done at the instance of the owner of the logs or […]
(a) A person who desires to claim the benefit of AS 34.35.300 shall, within 60 days after the close of the service mentioned in that section, record with the recorder of the recording district where the lumber is manufactured, a notice of claim of lien. (b) The notice must contain a statement of the demand […]
(a) After a lien attaches to property mentioned in AS 34.35.230 – 34.35.315, the owner of the property or a person on behalf of the owner may file with the clerk of the superior court in the judicial district in which the property is located a bond (1) in a sum double the amount claimed […]
In AS 34.35.230 – 34.35.315, (1) “lumber” includes timber, or lumber or shingles manufactured from it; (2) “timber” includes saw logs, piles, spars, cordwood, fuelwood, shingle bolts, or other timber.
