(a) A conveyance that is acknowledged, proven, or certified under Alaska Stat. § 34.15.150 – 34.15.250 is admissible as evidence of the conveyance without further proof.
Terms Used In Alaska Statutes 40.17.090
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fiduciary: A trustee, executor, or administrator.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) An acknowledged and recorded signed document relating to title to real property creates presumptions with respect to title that
(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 recording;(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 the document;(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.
