Code of Alabama
Title 35 - Property.
Chapter 4 - Conveyances and Creation of Estates.

Section 35-4-6 - Maximum Term of Leasehold Estate; Acknowledgment or Approval and Recordation of Leases for More Than 20 Years. - No leasehold estate can be created for a longer term...

Section 35-4-7 - Survivorship Between Joint Tenants. - When one joint tenant dies before the severance, his interest...

Section 35-4-8 - Posthumous Children Included in "Heirs," "Issue," or "children." - Where a future estate is limited to "heirs," "issue," or...

Section 35-4-9 - Ownership of Title Instruments. - Instruments essential to the title of real property and which...

Article 2 - Execution, Attestation, and Acknowledgment.

Section 35-4-20 - Conveyance Required to Be in Writing; Signature; Attestation by Witnesses. - Conveyances for the alienation of lands must be written or...

Section 35-4-21 - Seal Unnecessary. - A seal is not necessary to convey the legal title...

Section 35-4-22 - Effect of Writings Importing to Be Under Seal. - All writings which import on their face to be under...

Section 35-4-23 - Acknowledgment - Operates as Compliance With Witness Requirements. - The acknowledgment provided for in this article operates as a...

Section 35-4-24 - Acknowledgment - Officers Authorized to Take in This State. - Acknowledgments and proofs of conveyances may be taken by the...

Section 35-4-25 - Acknowledgment - Officers Holding Stock in Certain Corporations. - An acknowledgment or proof of any deed, mortgage, or other...

Section 35-4-26 - Acknowledgment - Officers Authorized to Take Outside Alabama; Validity; Certification. - (a) Acknowledgments, proofs of conveyances, and affidavits may be taken...

Section 35-4-27 - Acknowledgment - Proof of Official Seal. - All deeds, powers of attorney and other instruments of conveyance,...

Section 35-4-28 - Acknowledgment - Powers of Attorney, Etc. - Powers of attorney or other instruments conferring authority to convey...

Section 35-4-29 - Form of Acknowledgment. - The following are substantially the forms of acknowledgment to be...

Section 35-4-30 - Form of Probate of Conveyance. - The form of a probate of a conveyance or other...

Section 35-4-31 - Livery of Seisin Unnecessary. - Livery of seisin is not necessary in any conveyance of...

Section 35-4-32 - Attornment of Tenant Unnecessary. - Every conveyance of an estate in any hereditament, corporeal or...

Section 35-4-33 - Judgment for Specific Performance. - A judgment for specific performance shall operate as a deed...

Section 35-4-34 - Recitation of Consideration Unnecessary. - No deed or other conveyance creating or transferring any interest...

Article 3 - Recordation and Registration in General.

Division 1 - General Provisions.

Section 35-4-50 - Conveyances Required to Be Recorded in Office of Probate Judge. - Conveyances of property, required by law to be recorded, must...

Section 35-4-51 - What Instruments Admitted to Record; Filing as Notice of Contents; Section Cumulative. - Except as may be otherwise provided by the Uniform Commercial...

Section 35-4-52 - Petitions, Decrees, or Orders of Bankruptcy. - (a) A certified copy of the petition, with or without...

Section 35-4-51.1 - Recordation of Memorandum of Lease; Contents; Effect. - (a) A memorandum of a lease may be recorded in...

Section 35-4-53 - Bonds for Title, Etc. - Every bond for title or other written contract for the...

Section 35-4-54 - Conveyances of Personal Property Brought Into State by Tenants for Life or Years. - Whenever any person, having an estate for life or years...

Section 35-4-55 - Choses in Action Not "Personal Property" Within Meaning Used in Division. - Choses in action are not included in the words "personal...

Section 35-4-56 - Patents. - Patents from this state or the United States to lands...

Section 35-4-57 - Deeds of Assignment for Benefit of Creditors. - All deeds of assignment executed by debtors for the benefit...

Section 35-4-58 - Mode of Recording Generally; Time Stamp; Fees. - Judges of probate are to procure, at the expense of...

Section 35-4-59 - Conveyance Operative as Record From Date of Delivery; Receipt. - The conveyance or other instrument is operative as a record...

Section 35-4-60 - Access to Books; Transcripts. - Such judge must permit all persons to have free access...

Section 35-4-61 - Liability of Probate Judge for Failure to Perform Duties Generally. - If any judge of probate neglects or refuses to perform...

Section 35-4-62 - Locations for Recording Conveyances in Real Property, Deeds, Mortgages, Etc. - (a) Conveyances of real property shall be recorded in the...

Section 35-4-63 - Recording Effective as Notice of Contents of Conveyance. - The recording in the proper office of any conveyance of...

Section 35-4-64 - Purchasers Protected in Dealing With Record Owner as Owner of Indebtedness. - Purchasers of real property against which there are recorded mortgages,...

Section 35-4-65 - When Conveyance Receivable in Evidence. - Conveyances of property, real or personal, or any interest therein,...

Section 35-4-66 - Recording Certified Copies of Instruments. - It shall be lawful to record certified copies of deeds,...

Section 35-4-67 - Proof of Conveyances Executed in Name of Corporation. - (a) Any deed, mortgage or other conveyance of property which...

Section 35-4-68 - Form of Proof or Acknowledgment of Conveyances. - All conveyances admitted to record on proof must be attested...

Section 35-4-69 - Affidavits - Record as Notice of Facts Recited; by Whom Made. - Affidavits heretofore recorded or that may hereafter be recorded showing...

Section 35-4-70 - Affidavits - Admissibility as Evidence. - In any litigation over any of the lands referred to...

Section 35-4-71 - Affidavits - Filing and Recordation by Probate Judge. - The affidavits referred to in Sections 35-4-69 and 35-4-70 shall...

Section 35-4-72 - Improperly Acknowledged or Recorded Instruments as Evidence. - When a validly executed instrument, not properly acknowledged and recorded,...

Section 35-4-73 - Recitation of Marital Status of Grantor or Vendor Required; Probate Judge Not Liable for Good Faith Error; False Recitation a Misdemeanor. - (a) No deed, contract, or other conveyance of land or...

Section 35-4-74 - Necessity for Including Plat or Description of Plat Book, etc.; Probate Judge Not Liable for Good Faith Error. - (a) No instrument, other than a will, purporting to create...

Section 35-4-75 - Time for Delivery of Deed; When Recorded Contract Presumed Abandoned. - (a) Where any contract or extension thereof for the sale...

Section 35-4-76 - Limitations on Duration of Option to Purchase Land. - (a) No option to purchase any interest in land, other...

Division 2 - Recordation Necessary as to Purchasers, Mortgagees, and Judgment Creditors.

Section 35-4-90 - Conveyances of Real Property Generally. - (a) All conveyances of real property, deeds, mortgages, deeds of...

Section 35-4-91 - Instruments Creating Estates in Remainder, Etc. - All wills and conveyances, creating estates in lands in remainder...

Section 35-4-92 - Transfers of Standing Timber, Trees, and Cutting Rights. - Except as may be otherwise provided by Article 9 of...

Section 35-4-93 - Marriage Settlements. - Personal property conveyed in consideration of marriage, when the possession...

Section 35-4-94 - Loans in Writing, Wills or Conveyances Creating Estates in Personal Property on Condition, Etc. - All loans in writing, wills, or conveyances creating estates in...

Section 35-4-95 - Effect of Loans of Personal Property Not in Writing. - All loans of personal property, not in writing, vest an...

Section 35-4-96 - Conveyances of Personalty to Minors. - All conveyances of personal property in favor of minor children,...

Section 35-4-97 - Effect of Parol Gifts of Personal Property. - Parol gifts of personal property are inoperative until the custody,...

Section 35-4-98 - When Conditional Sales Contract Received in Evidence. - Such a conditional sales contract, when the execution thereof has...

Division 3 - Statement of Name and Address of Preparer of Certain Instruments.

Section 35-4-110 - Instrument Not Recordable Unless Statement Endorsed on It. - No probate judge shall receive for record or permit the...

Section 35-4-111 - Probate Judge Not Liable for Good Faith Errors. - The probate judge shall not be liable in damages or...

Section 35-4-112 - When Division Not Applicable. - This division shall not apply to the recording of any...

Section 35-4-113 - Form. - An instrument will be in compliance with this division if...

Division 4 - Alabama Uniform Real Property Electronic Recording Act.

Section 35-4-120 - Short Title. - This division may be cited as the Alabama Uniform Real...

Section 35-4-121 - Definitions. - In this division: (1) "Document" means information that is: a....

Section 35-4-122 - Validity of Electronic Documents. - (a) If a law requires, as a condition for recording,...

Section 35-4-123 - Recording of Documents. - (a) In this section, "paper document" means a document that...

Section 35-4-124 - Administration and Standards. - (a) The Electronic Recording Commission consisting of 14 members is...

Section 35-4-125 - Scope and Restrictions. - Except as expressly provided in this division or the standards...

Section 35-4-126 - Uniformity of Application and Construction. - In applying and construing this uniform act, consideration must be...

Section 35-4-127 - Relation to Electronic Signatures in Global and National Commerce Act. - This division modifies, limits, and supersedes the federal Electronic Signatures...

Article 4 - Lis Pendens.

Section 35-4-130 - Lis Pendens Record. - The judge of probate of each county in this state...

Section 35-4-131 - Notice of Actions, Etc. - (a) When any civil action or proceeding shall be brought...

Section 35-4-132 - Notice of Levy. - When a sheriff, constable, United States marshal, or other officer...

Section 35-4-133 - Notices to Be Recorded in Full; Indorsement on Original. - Any notice filed with the judge of probate under this...

Section 35-4-134 - Index of Notices. - The judge of probate, upon filing and recording each notice,...

Section 35-4-135 - Bona Fide Purchasers, etc., Protected Upon Failure to Record Notice. - If the notice required by Sections 35-4-131 and 35-4-132 shall...

Section 35-4-136 - Record of Termination of Action; Microfilm. - Where the action, proceeding, or levy, notice of which has...

Section 35-4-137 - Release of Land From Lien Upon Execution of Bond. - When any lis pendens in an action or proceeding to...

Section 35-4-138 - Fees for Recording Notice. - The judge of probate, for the services required of him,...

Section 35-4-139 - Liability of Judges and Officers on Bonds. - If any judge of probate shall fail to perform any...

Article 5 - Reformation of Deeds, Mortgages, and Conveyances.

Section 35-4-150 - Civil Action for Reformation of Conveyances Containing Erroneous Description. - Any person claiming title to land directly or remotely from...

Section 35-4-151 - Error in Any Description Sufficient to Maintain Civil Action. - In order to authorize a person claiming title under the...

Section 35-4-152 - Grantors, etc., May Be Made Parties Defendant. - The grantors in any number of conveyances in the chain...

Section 35-4-153 - Fraud or Mistake. - When, through fraud, or a mutual mistake of the parties,...

Article 6 - Life Estates.

Section 35-4-170 - Remainders Not Defeated by Acts of Life Tenants. - No estate or interest of any person can be defeated,...

Section 35-4-171 - Removal of Personalty. - The tenant for life in personalty cannot remove it beyond...

Article 7 - Ascertainment and Payment of Life or Dower Interests.

Section 35-4-190 - Duty of Court to Ascertain Present Value and Make Payment. - Excepting in cases where the dower interest of the widow...

Section 35-4-191 - Application; Notice; Guardian Ad Litem; Hearing; Costs. - (a) The application referred to in Section 35-4-190 shall set...

Section 35-4-192 - Appeals. - Any party feeling aggrieved by the finding of the court...

Article 8 - Remainders and Executory Devises.

Section 35-4-210 - Definitions. - As used in this article, the following terms shall have...

Section 35-4-211 - Vested or Contingent Remainders Generally. - Remainders are either vested or contingent. A vested remainder is...

Section 35-4-212 - Contingent Remainder in Lands Equivalent to Executory Devise. - No estate in lands can be created by way of...

Section 35-4-213 - Remainder Limited After Death Without Heirs or Issue. - Where a remainder in real or personal property is limited...

Article 9 - Rule in Shelley's Case.

Section 35-4-230 - Abolished. - Where a remainder created by a deed or will is...

Section 35-4-231 - Character of Estate Pur Autre Vie. - An estate during the life of a third person, whether...

Section 35-4-232 - Conveyance of Greater Estate by Tenant for Life or Years Passes His Estate. - A conveyance made by a tenant for life or years,...

Article 10 - Trust Estate and Uses.

Section 35-4-250 - Effect of Use, Trust, or Confidence for Mere Benefit of Third Persons. - No use, trust, or confidence can be declared of any...

Section 35-4-251 - Trusts May Be Created for Lawful Purpose; Necessity for Legal Title to Vest in Trustees. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-252 - Term of Trust for Accumulation. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-253 - Application of Income for Accumulation to Support of Minor. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-254 - Responsibility of Payor for Payment Made to Trustee. - Repealed by Act 2006-216, p. 314, §5, effective January 1,...

Section 35-4-255 - Trust Concerning Lands Required to Be in Writing. - THIS SECTION WAS TRANSFERRED TO SECTION 19-3B-1301 BY ACT 2006-216,...

Section 35-4-256 - Trust Void as to Creditors or Purchasers Without Notice. - Transferred to Section 19-3B-1302 effective January 1, 2007

Section 35-4-257 - Recording as Notice of Trust. - When a trust is created or declared by any such...

Section 35-4-259 - Trusts for Employees or Self-Employed Persons. - Transferred to Section 19-3B-1304 effective January 1, 2007.

Section 35-4-258 - Trust Estate Not Descendible Upon Death of Trustee. - Transferred to Section 19-3B-1303 effective January 1, 2007

Section 35-4-260 - Trusts Consisting of Insurance Policies or Proceeds. - Transferred to Section 19-3B-1305 effective January 1, 2007.

Article 11 - Warranties and Covenants.

Section 35-4-270 - Warranties by Tenant for Life. - All warranties by any tenant for life are void as...

Section 35-4-271 - Construction of Words "Grant," "Bargain," or "Sell"; When Covenants of Warranty Implied. - In all conveyances of estates in fee, the words "grant,"...

Article 12 - Powers.

Section 35-4-290 - Reservation of Power by Grantor. - (a) The grantor, in any conveyance, may reserve to himself...

Section 35-4-291 - Powers Deemed Absolute. - Every power of disposition is deemed absolute, by means of...

Section 35-4-292 - Effect of Grant of Absolute Power. - (a) When an absolute power of disposition, not accompanied by...

Section 35-4-293 - Dispositions Valid to Extent of Power. - No disposition by virtue of a power is void on...

Section 35-4-294 - Power Disposing of Real Estate Required to Be in Writing. - No power of disposing of real estate can be executed,...

Section 35-4-295 - Requirements for Disposition by Devise or Will. - When a power to dispose of lands is confined to...

Section 35-4-296 - Execution in Cases Where Instrument Specified Is Insufficient. - When the donor of a power has directed it to...

Section 35-4-297 - Disposition By, Between, or Among Several Persons Generally. - When a disposition under a power is directed to be...

Section 35-4-298 - Execution of Power Upon Death of Trustee With Right of Selection. - If the trustee of a power, with the right of...

Section 35-4-299 - Consent of Third Persons to Execution of Power. - When the consent of a third person to the execution...

Section 35-4-300 - Disposition to or Among Children. - When a disposition under an appointment or a power is...

Section 35-4-301 - Powers Irrevocable Unless Otherwise Indicated. - Every power, beneficial or in trust, is irrevocable, unless an...

Section 35-4-302 - Release of Powers. - (a) Any power which is exercisable by deed, by will,...

Section 35-4-303 - Execution of Power by Surviving or Acting Executors; Presumption That Power Not Personal. - Where lands are devised to one or more executors, or...

Section 35-4-304 - Execution of Power by Surviving Donee. - When a power is vested in several persons and, previous...

Section 35-4-305 - Special and Beneficial Powers Liable to Claims of Creditors. - Every special and beneficial power is liable to the claims...

Section 35-4-306 - Article Not Extended to Simple Power of Attorney. - The provisions of this article in relation to powers do...

Article 13 - Conveyances by Executors and Administrators.

Section 35-4-320 - Personal Representative Authorized to Make Conveyance. - In all cases of written agreements or contracts for the...

Section 35-4-321 - Application to Compel Conveyance - Generally. - If the personal representative refuses to execute the conveyance in...

Section 35-4-322 - Application to Compel Conveyance - Contents; Notice Generally; Decree; Appeals. - Such application must be by petition, setting out the contract...

Section 35-4-323 - Application to Compel Conveyance - Notice to Guardians of Minor Heirs. - In all cases in which minor heirs are interested in...

Article 14 - Conveyances by Literary or Social Societies, Etc.

Section 35-4-340 - Who May Convey Title. - A majority of the trustees or any other authorized agent...

Section 35-4-341 - Meeting of Trustees; Execution of Deed. - (a) Before such deed may be executed, a majority of...

Section 35-4-342 - Property Subject to Provisions of Article. - The provisions of this article shall apply to the conveyance...

Section 35-4-343 - Vendor's Lien, Etc. - Nothing in this article shall prevent any literary society, social...

Section 35-4-344 - Article Not Exclusive. - This article shall not be construed as prescribing the exclusive...

Article 15 - Conveyances of Standing Timber.

Section 35-4-360 - Time for Cutting and Removal of Timber. - (a) In all conveyances of standing timber by deed or...

Section 35-4-361 - Right-of-Way Over Timberlands. - In all conveyances of standing timber, by deed or other...

Section 35-4-362 - Reversion of Title to Uncut Timber. - In all conveyances of standing timber, by deed or other...

Section 35-4-363 - When Standing Timber and Trees, etc., Deemed Chattels. - All standing timber and trees, and cutting rights with respect...

Article 16 - Conveyances, etc., by Governor or State Agency or Institution.

Section 35-4-380 - Lease of Salt Springs, Etc. - (a) The Commissioner of Conservation and Natural Resources by and...

Section 35-4-381 - Sale of Right to Quarry Limestone and Clay. - The Governor may sell the right to quarry limestone and...

Section 35-4-382 - Validity of Conveyances by State Agencies. - All conveyances of real estate made by any department, commission,...

Section 35-4-383 - Validity of Leases, etc., by State Agencies. - (a) All leases, contracts of exchange, or other dispositions of...

Section 35-4-384 - Sale of Contingent Interests by State Institutions. - Any state institution including schools, colleges, or other educational institutions...

Section 35-4-385 - Conveyance of Lands Owned by the State. - When any department of the state, having power and authority...

Section 35-4-386 - Patent to Decedent Vests Title in His Successors. - Where patents for public lands have been or may be...

Section 35-4-387 - Recordation of Patents. - The Secretary of State must record, in well-bound books, all...

Section 35-4-388 - When Purchaser Entitled to Receive Patent. - All purchasers of real property belonging to this state, their...

Section 35-4-389 - Patents for Swamp and Overflowed Lands. - The Governor may issue patents to the purchasers of swamp...

Section 35-4-390 - Prior Conveyances Ratified and Confirmed. - All conveyances of land owned or claimed by the state...

Section 35-4-391 - Conveyances in Cases of Lost Deeds or Adverse Possession. - When it is made to appear to the satisfaction of...

Section 35-4-393 - Settlement of Dispute as to Certain Property in Mobile County Conveyed to University of South Alabama Foundation by University of South Alabama. - (a) WHEREAS, on December 13, 1982, the state issued to...

Article 17 - Alienation of Certain Public Improvements by Political Subdivisions of State.

Section 35-4-410 - Authorization to Alienate Public Recreational Facilities and Housing Projects. - The governing bodies of counties, cities, towns, and other subdivisions...

Section 35-4-411 - Ordinance or Resolution Describing Proposed Conveyance. - When the county commission, or the council or like governing...

Section 35-4-412 - Referendum Election. - The county or municipal governing body shall provide for a...

Article 18 - Private Transfer Fees.

Section 35-4-430 - Intent. - The Legislature finds and declares that the public policy of...

Section 35-4-431 - Definitions. - (a) As used in this article, the following words have...

Section 35-4-432 - Prohibition. - A private transfer fee obligation recorded or entered into in...

Section 35-4-433 - Liability for Violations. - (a) Any person who records or enters into an agreement...

Section 35-4-434 - Disclosure. - (a) Any contract for the sale of real property subject...

Section 35-4-435 - Notice Requirements for Existing Private Transfer Fee Obligations. - (a) The payee of a private transfer fee obligation imposed...

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Code of Alabama Title 35 - Property. Chapter 4 - Conveyances and Creation of Estates.

Code of Alabama
Title 35 - Property.
Chapter 4 - Conveyances and Creation of Estates.