Alaska Easement Deed

Easement deeds give one person the right to use another party's property without actually possessing it. An easement is a real property interest, but is separate from the owner's legal title of the underlying land. An easement deed in Alaska is subject to the same recording requirements as other conveyances of real property.

A conservation easement in this state can be created, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements (34.17.010). A conservation easement in Alaska is defined as a non-possessory interest of a holder in real property imposing limitations or affirmative obligations to retain or protect natural, scenic, or open-space values of real property; ensure its availability for agricultural, forest, recreational, or open space use; protect natural resources; maintain or enhance air or water quality; or preserve the historical, architectural, archaeological, or cultural aspect of real property. The holder of a conservation easement can be a governmental body empowered to hold an interest in real property under the laws of Alaska or of the United States; or a non-profit organization empowered to retain or protect the natural, scenic, or open space values of real property (34.17.060).

A solar easement in Alaska is obtained for the purpose of protecting the exposure of the property from the direct rays of the sun. A solar easement must be in writing and is also subject to the recording requirements for other conveyances of real property (34.15.145).

As a real property interest, easement deeds must be recorded in order to provide constructive notice of the contents to subsequent purchasers and holders of a security interest in the same real property or portion of it. An unrecorded easement is valid as between the parties to the instrument and those who have actual notice of it (40.17.080). Recording should take place at the registry district where the land is located. The recording district in which recording is to take place should be stated on the first page of the easement.