Some Issues Raised by Alaska’s Recording Act

Authors

William A. Reppy Jr., Duke Law SchoolFollow

Document Type

Article

Publication Date

2010

Keywords

title searches, ditigitazation, conveyance records, deeds, Alaska Recording Act

Abstract

This Article examines Alaska’s Recording Act. It details how Alaska is a Race-Notice state and the implications of this compared to being a Notice state. The Article then describes how the Race-Notice recording act operates in practice. It then proceeds with a detailed account of the scope of title searches required under Alaska’s recording act. It calls into question the Supreme Court’s decision in Sabo v. Horvath and suggests a different outcome today. The Article asks whether the digitization of recorded instruments will cause the Alaska Supreme Court to expand the scope of the title search required under the Recording Act. Finally, this Article examines the potential applications of the Rule of Shelter in Alaska, allowing a transferee with notice of a prior grant of property to take free of that interest.

Citation

William A. Reppy Jr., Some Issues Raised by Alaska’s Recording Act, 27 Alaska Law Review 195-220 (2010)