Code of Alabama
Title 35 - Property.

Section 35-9-41 - Right of Subtenant to Require Attachment Against Tenant in Chief. - The subtenant may notify the superior landlord, or his assignee,...

Section 35-9-42 - Applicability of Division to Tenant in Chief and Subtenant. - The provisions of this division shall apply to parties occupying...

Division 2 - Liens for Rent of Buildings.

Section 35-9-60 - Lien Declared. - The landlord of any storehouse or other building shall have...

Section 35-9-61 - When Lien May Be Enforced by Attachment. - The landlord shall have the right, for the enforcement of...

Section 35-9-62 - Affidavit and Bond. - Before such attachment is issued, the plaintiff, or his agent...

Section 35-9-63 - Property Leviable; Priority of Lien. - Such attachment may be levied on so much of the...

Section 35-9-64 - Law Governing Proceedings. - The law governing the issue, levy, trial, and other proceedings...

Section 35-9-65 - Lien, Rights, and Remedies Vested in Assignee of Claim for Rent. - The lien provided in this division shall vest in any...

Article 3 - Possession Wrongfully Withheld.

Section 35-9-80 - Demand for Premises. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-81 - Issuance of Writ or Process. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-82 - Service of Writ or Process. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-83 - Removal to Circuit Court. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-84 - Arrest of Proceedings. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-85 - Trial Upon Delivery of Counter Affidavit. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-86 - Judgment for Landlord. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-87 - Appeals. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Section 35-9-88 - Fees. - Repealed by Act 2006-316, p. 668, §3, effective January 1,...

Article 4 - Use and Occupation.

Section 35-9-100 - When Reasonable Satisfaction May Be Recovered. - A reasonable satisfaction may be recovered for the use and...

Chapter 9A - Uniform Residential Landlord and Tenant Act.

Article 1 - General Provisions and Definitions.

Division 1 - Short Title, Construction, Application and Subject Matter of the Chapter.

Section 35-9A-101 - Short Title. - This chapter shall be known and may be cited as...

Section 35-9A-102 - Purposes; Rules of Construction. - (a) This chapter shall be liberally construed and applied to...

Section 35-9A-103 - Supplementary Principles of Law Applicable. - Unless displaced by the provisions of this chapter, the principles...

Section 35-9A-104 - Construction Against Implicit Repeal. - This chapter being a general act intended as a unified...

Section 35-9A-105 - Administration of Remedies; Enforcement. - (a) The remedies provided by this chapter shall be so...

Section 35-9A-106 - Settlement of Disputed Claim or Right. - A claim or right arising under this chapter or on...

Section 35-9A-107 - Notice Requirement. - A cause of action or civil complaint initiated pursuant to...

Division 2 - Scope and Jurisdiction.

Section 35-9A-121 - Territorial Application. - This chapter applies to and is the exclusive remedy to...

Section 35-9A-122 - Exclusions From Application of Chapter. - Unless created to avoid the application of this chapter, the...

Section 35-9A-123 - Jurisdiction and Service of Process. - (a) The district and circuit courts of this state, according...

Division 3 - General Definitions and Principles of Intrepretation: Notice.

Section 35-9A-141 - Definitions. - Subject to additional definitions contained in subsequent articles of this...

Section 35-9A-142 - Obligation of Good Faith. - Every agreement and duty under this chapter and every act...

Section 35-9A-143 - Unconscionability. - (a) If the court, as a matter of law, finds:...

Section 35-9A-144 - Notice. - (a) A person has notice of a fact if: (1)...

Division 4 - General Provisions.

Section 35-9A-161 - Terms and Conditions of Rental Agreement. - (a) A landlord and a tenant may include in a...

Section 35-9A-162 - Effect of Unsigned or Undelivered Rental Agreement. - (a) If a landlord does not sign and deliver a...

Section 35-9A-163 - Prohibited Provisions in Rental Agreements. - (a) A rental agreement may not provide that the tenant:...

Section 35-9A-164 - Payment of Rent Prerequisite to Enforcing Remedies Under This Chapter. - The tenant may not withhold payment of rent to the...

Article 2 - Landlord Obligations.

Section 35-9A-201 - Security Deposits; Prepaid Rent. - (a) A landlord may not demand or receive money as...

Section 35-9A-202 - Disclosure. - (a) A landlord or any person authorized to enter into...

Section 35-9A-203 - Landlord to Deliver Possession of Dwelling Unit. - At the commencement of the term, a landlord shall deliver...

Section 35-9A-204 - Landlord to Maintain Premises. - (a) A landlord shall: (1) comply with the requirements of...

Section 35-9A-205 - Limitation of Liability. - (a) Unless otherwise agreed, a landlord who conveys premises that...

Article 3 - Tenant Obligations.

Section 35-9A-301 - Tenant to Maintain Dwelling Unit. - A tenant shall: (1) comply with all obligations primarily imposed...

Section 35-9A-302 - Rules and Regulations. - (a) "Rules" or "regulations" pertaining to a residential lease are...

Section 35-9A-303 - Access. - (a) A tenant shall not unreasonably withhold consent to the...

Section 35-9A-304 - Tenant to Use and Occupy. - Unless otherwise agreed, a tenant shall occupy the dwelling unit...

Article 4 - 35-9a-461

Division 1 - Tenant Remedies.

Section 35-9A-401 - Noncompliance by the Landlord. - (a) Except as provided in this chapter, if there is...

Section 35-9A-402 - Failure to Deliver Possession. - (a) If the landlord fails to deliver possession of the...

Section 35-9A-404 - Wrongful Failure to Make Available Heat, Water, Hot Water, or Essential Services. - (a) The landlord is not responsible for the payment of...

Section 35-9A-405 - Counterclaims for Action for Possession or Rent. - (a) In an action for possession or in an action...

Section 35-9A-406 - Fire or Casualty Damage. - (a) If the dwelling unit or premises are damaged or...

Section 35-9A-407 - Tenant's Remedies for Landlord's Unlawful Ouster, Exclusion, or Diminution of Service. - If a landlord unlawfully removes or excludes the tenant from...

Division 2 - Landlord Remedies.

Section 35-9A-421 - Noncompliance With Rental Agreement; Failure to Pay Rent. - (a) Except as provided in this chapter, if there is...

Section 35-9A-422 - Failure to Maintain. - If there is noncompliance by the tenant with Section 35-9A-301...

Section 35-9A-423 - Remedies for Absence, Nonuse, and Abandonment. - (a) If a rental agreement requires the tenant to give...

Section 35-9A-424 - Waiver of Landlord's Right to Terminate. - Acceptance of rent with knowledge of a default by the...

Section 35-9A-425 - Landlord Liens; Distraint for Rent. - (a) A lien or security interest on behalf of the...

Section 35-9A-426 - Remedy After Termination. - If a rental agreement is terminated, the landlord has a...

Section 35-9A-427 - Recovery of Possession Limited. - A landlord may not recover or take possession of the...

Division 3 - Periodic Tenancy; Holdover; Abuse of Access.

Section 35-9A-441 - Periodic Tenancy; Holdover Remedies. - (a) The landlord or the tenant may terminate a week-to-week...

Section 35-9A-442 - Landlord and Tenant Remedies for Abuse of Access. - (a) If a tenant refuses to allow lawful access, the...

Division 4 - Court Actions by Landlord.

Section 35-9A-461 - Landlord's Action for Eviction, Rent, Monetary Damages, or Other Relief. - (a) A landlord's action for eviction, rent, monetary damages, or...

Article 5 - Retaliatory Conduct.

Section 35-9A-501 - Retaliatory Conduct Prohibited. - (a) Except as provided in this section, a landlord may...

Article 6 - Effective Date, Savings Clause, Severability.

Section 35-9A-601 - Effective Date. - Except for subsection (b) of Section 35-9A-163 which shall become...

Section 35-9A-602 - Savings Clause. - Transactions entered into before January 1, 2007, and not extended...

Section 35-9A-603 - Severability. - If any provision of this chapter or the application thereof...

Chapter 10 - Mortgages.

Article 1 - Powers Contained in Mortgages.

Section 35-10-1 - Power of Sale Constitutes Part of Security; by Whom Executed; Effect of Conveyance; Index of Foreclosure Deeds. - Where a power to sell lands is given to the...

Section 35-10-2 - Sale Under Power Where Instrument Silent as to Place or Terms of Sale. - If a deed of trust or mortgage, with power of...

Section 35-10-3 - Foreclosure When Instrument Contains No Power of Sale. - If no power of sale is contained in a mortgage...

Section 35-10-4 - Sale of Lands Situated in Two or More Counties. - Where the lands embraced in any mortgage or deed of...

Section 35-10-5 - Foreclosure Deed Conveys Legal Title. - In the case of a foreclosure under Sections 35-10-2 through...

Section 35-10-6 - Additional Satisfaction Permitted Under Continuing Power of Sale. - The sale of any part of the property conveyed by...

Section 35-10-7 - Sale to Be Held in County Where Property Situated. - All sales of real estate, under powers of sale contained...

Section 35-10-8 - How Notice of Sale Given. - Notice of said sale shall be given in the manner...

Section 35-10-9 - Sales Contrary to Article Null and Void. - All sales of real estate, made under powers contained in...

Section 35-10-10 - Sections 35-10-7 Through 35-10-9 Not Applicable to Mortgages or Deeds of Trust Executed Before September 29, 1923. - The provisions of sections 35-10-7 through 35-10-9 shall not apply...

Article 1A - Foreclosure by Power of Sale for Mortgages Executed After December 31, 1988.

Section 35-10-11 - Definitions. - Unless the context otherwise requires, the words defined in this...

Section 35-10-12 - Execution of Foreclosure by Power of Sale; Effect; Indexing of Deeds. - Where a power to sell lands is given in any...

Section 35-10-13 - Notice of Sale; Minimum Standards. - Notice of said sale shall be given in the county...

Section 35-10-14 - Place and Time for Conducting Foreclosure by Power of Sale. - The power to sell lands under this article must be...

Section 35-10-15 - Successive Sales Under Power Permitted. - The sale of any part of the property conveyed by...

Section 35-10-16 - Law Governing Applicability. - Mortgages executed prior to January 1, 1989, shall be governed...

Article 2 - Satisfaction of Mortgage Liens.

Section 35-10-20 - When Indebtedness Presumed to Have Been Paid. - As to third parties without actual notice or knowledge to...

Section 35-10-21 - When Payment Required to Be Entered in Record. - The owner or holder of any recorded lien other than...

Section 35-10-22 - Partial Payments - When Entered on Margin of Record. - A mortgagee or the assignee or transferee of a debt...

Section 35-10-23 - Partial Payments - Notices or Demands to Enter Partial Payments or Satisfaction. - All notices or demands to enter partial payments or satisfaction...

Section 35-10-24 - Partial Payments - Entry by Execution and Delivery of Separate Instrument. - (a) Any person required by the provisions of this article,...

Section 35-10-25 - Executors and Administrators Authorized to Execute Releases, Etc. - Any executor of a will or administrator of an estate...

Section 35-10-26 - Title Revested Upon Payment of Debt. - The payment or satisfaction of the real property mortgage debt...

Section 35-10-27 - Entry of Full Payment or Satisfaction in Record - Generally. - If a mortgage or deed of trust which is of...

Section 35-10-28 - Entry of Full Payment or Satisfaction in Record - Satisfaction by One of Several Joint Mortgagees, Etc. - The satisfaction in full by any one of several joint...

Section 35-10-29 - Entry of Full Payment or Satisfaction in Record - Vendor's or Other Lien Reserved in Conveyance. - When a vendor's or other lien is reserved in any...

Section 35-10-30 - Penalty. - (a) If, for 30 days after such request, the mortgagee...

Article 3 - Deeds in Lieu of Foreclosure.

Section 35-10-50 - Definitions. - Unless the context otherwise requires, the words defined in this...

Section 35-10-51 - Effect of Deed in Lieu of Foreclosure. - A deed in lieu of foreclosure: (1) Transfers to the...

Article 4 - Foreclosure on Surviving Spouse or Estate of Mortgagor Dying Overseas While on Military Service Active Duty.

Section 35-10-70 - Definitions. - As used in this chapter, the following terms have the...

Section 35-10-71 - Initiation of Foreclosure Proceedings Against Surviving Spouse or Estate of Certain Mortgagors. - (a) A mortgagee shall not initiate a foreclosure proceeding pursuant...

Article 5 - Alabama Residential Mortgage Satisfaction Act.

Section 35-10-90 - Short Title; Application; Definitions. - (a) This article shall be known as the Alabama Residential...

Section 35-10-91 - Payoff Statement; Notice. - (a) A person liable for payment or performance of the...

Section 35-10-92 - Submission of a Satisfaction of a Security Instrument for Recording. - (a) A secured creditor shall submit for recording a satisfaction...

Section 35-10-93 - Service as a Satisfaction Agent. - (a) Only a title insurance company or an attorney licensed...

Section 35-10-94 - Notification by Satisfaction Agent to Secured Creditor. - (a) If a secured creditor has not submitted for recording...

Section 35-10-95 - Conditions for Satisfaction Agent to Sign and Submit Affidavit for Recording. - (a) Subject to subsections (b) and (c), a satisfaction agent...

Section 35-10-96 - Affidavit of Satisfaction Requirements. - An affidavit of satisfaction of a security instrument must do...

Section 35-10-97 - Effect of Recording Affidavit. - (a) Upon recording, an affidavit complying with the requirements of...

Section 35-10-98 - Liability. - (a) Except as otherwise provided in subsection (b), a satisfaction...

Chapter 10A - Asset-Backed Securities Facilitation Act.

Section 35-10A-1 - Short Title. - This chapter may be referred to as the "Asset-Backed Securities...

Section 35-10A-2 - Transfer of Property, Assets, Etc. - (a) Notwithstanding any other provision of law including, but not...

Section 35-10A-3 - Construction of Article. - Any act which becomes effective after September 12, 2001, shall...

Chapter 11 - Liens.

Article 1 - General Provisions.

Section 35-11-1 - Statutory Modes of Enforcement Not Exclusive. - The statutory modes provided in this chapter for the enforcement...

Section 35-11-2 - Rights of Inferior Lienors. - One who has a lien inferior to another, upon the...

Section 35-11-3 - Right to Redeem; Subrogation. - Every person, having an interest in property subject to a...

Section 35-11-4 - Order of Resort to Different Things. - Where one has a lien upon different things, and other...

Section 35-11-5 - Affidavit and Bond Required Before Issue of Attachment. - In all cases in this chapter where the process of...

Section 35-11-6 - Limitations; Trial of Cases of Attachment. - All cases arising under the provisions of this chapter where...

Article 2 - Liens for Stumpage.

Section 35-11-20 - Lien Declared. - Owners of land, or their assignees, shall have a lien...

Section 35-11-21 - Enforcement. - For the enforcement of such lien, the owners of such...

Article 3 - Federal Lien Registration.

Division 1 - Lien for United States Taxes.

Section 35-11-40 - Filing of Notice of Lien. - Repealed by Acts 1989, No. 89-948, p. 1868.

Section 35-11-41 - Record of Notices. - Repealed by Acts 1989, No. 89-948, p. 1868.

Division 2 - Alabama Uniform Federal Lien Registration Act.

Section 35-11-42 - Short Title. - This division may be cited as the "Alabama Uniform Federal...

Section 35-11-43 - Scope. - This division applies only to federal tax liens and to...

Section 35-11-44 - Place of Filing. - (a) Notices of liens, certificates, and other notices affecting federal...

Section 35-11-45 - Execution of Notices and Certificates. - Certification of notices of liens, certificates, or other notices affecting...

Section 35-11-46 - Duties of Filing Officer. - (a) If a notice of a federal lien, a refiling...

Section 35-11-47 - Fees. - The fee for filing and indexing each notice of lien...

Section 35-11-48 - Uniformity of Application and Construction. - This division shall be applied and construed to effectuate its...

Article 4 - Liens on Watercraft.

Section 35-11-60 - Lien Declared. - A lien is hereby declared on any ship, steamboat, or...

Article 5 - Liens of Particular Persons or Classes of Persons.

Division 1 - Agisters or Trainers.

Section 35-11-70 - Lien on Stock for Pasturage or Training. - (a) Any keeper, owner, operator, or proprietor of any pasture...

Section 35-11-71 - Lien on Birds or Animals for Feeding, Boarding or Training. - The owner, keeper, or proprietor of any premises kept for...

Section 35-11-72 - Lien of Landlord on Stock Raised on Rented Premises. - (a) Owners of land, or their assignees, shall have a...

Division 2 - Agricultural Superintendents and Laborers; Railroad Employees.

Section 35-11-90 - Lien Declared in Favor of Railroad Laborers and Employees. - Laborers and employees of each railroad company operated in this...

Section 35-11-91 - Lien Declared in Favor of Agricultural Laborers and Superintendents. - Agricultural laborers and superintendents of plantations shall have a lien...

Section 35-11-92 - Right to Enforce Liens by Attachment. - For the enforcement of such liens the persons entitled may...

Section 35-11-93 - When Attachment by Agricultural Laborer or Plantation Superintendent Attaches; Additional Affidavit. - An agricultural laborer or superintendent of a plantation may sue...

Section 35-11-94 - Crop Leviable Only to Extent Necessary to Satisfy Demand and Costs. - When an attachment is sued out by an agricultural laborer...

Section 35-11-95 - Property or Proceeds Subject to Garnishment. - All the property upon which a lien is created under...

Section 35-11-96 - Satisfaction of Claims for Rent and Advances. - No part of any crop levied on under the provisions...

Section 35-11-97 - Satisfaction of Prior Liens. - Any officer enforcing the satisfaction of any lien under the...

Division 3 - Mechanics, Blacksmiths and Woodworkmen.

Section 35-11-110 - Lien Declared. - Any blacksmith, woodworkman, or other mechanic who contributes his labor...

Section 35-11-111 - Right to Enforce Lien by Attachment. - Any person entitled thereto may enforce such lien in any...

Section 35-11-112 - Joinder of Persons Having Liens on Same Property. - (a) Persons having liens under the provisions of this division,...

Division 4 - Hotel, etc., and Restaurant Keepers.

Section 35-11-130 - Lien Declared. - Keepers of hotels, inns, boarding houses, and restaurants shall have...

Section 35-11-131 - Enforcement of Lien. - The lien of keepers of hotels, inns, boarding houses, and...

Division 5 - Jewelers, Watchmakers and Silversmiths.

Section 35-11-150 - Lien Declared. - Every jeweler, watchmaker, and silversmith who shall alter, repair, or...

Section 35-11-151 - Enforcement of Lien. - If such debt remains unpaid for 12 months or more,...

Division 6 - Laundries, Cleaners, Etc.

Section 35-11-170 - Lien Declared. - Every person, firm, or corporation engaged in the business of...

Section 35-11-171 - Enforcement of Lien. - If such debt remains unpaid for three months or more,...

Division 7 - Livery Stable Keepers.

Section 35-11-190 - Lien Declared. - Any keeper, owner or proprietor of a livery stable, or...

Section 35-11-191 - Enforcement of Lien. - If the charges when due are not paid within 10...

Division 8 - Mechanics and Materialmen.

Section 35-11-210 - Lien Declared. - Every mechanic, person, firm, or corporation who shall do or...

Section 35-11-211 - Priority of Lien. - (a) Such lien as to the land and buildings or...

Section 35-11-212 - Building or Improvement on Leased Land. - (a) When the building or improvement is erected under or...

Section 35-11-213 - Verified Statement - Duty to File; Contents; Form. - It shall be the duty of every person entitled to...

Section 35-11-214 - Verified Statement - How Oath Administered Out of State. - If the oath to such statement is made beyond this...

Section 35-11-215 - Verified Statement - Time for Filing. - The lien declared in this division shall be deemed lost...

Section 35-11-216 - Verified Statement - Indorsement by Probate Judge; Recordation; Fee. - The judge of probate shall indorse on such statement the...

Section 35-11-217 - Selection of Land to Be Charged in Certain Cases. - When the land on which the building or improvement is...

Section 35-11-218 - Notice of Lien Claimed by Persons Other Than Original Contractor. - Every person, except the original contractor, who may wish to...

Section 35-11-219 - List of Materialmen, Laborers, and Employees; Effect of Failure to Pay Materialmen, Etc. - The original contractor shall, when so required, furnish to the...

Section 35-11-220 - Jurisdiction of Actions for Enforcement of Liens. - When the amount involved exceeds $50.00, actions for the enforcement...

Section 35-11-221 - Limitation of Actions. - Any action for the enforcement of the lien declared in...

Section 35-11-222 - How Action Commenced; Pleadings, Practice, and Proceedings. - Such actions, when brought in the circuit court, shall be...

Section 35-11-223 - Parties. - (a) In such actions, all persons interested in the matter...

Section 35-11-224 - Issues; Finding or Verdict; Judgment Generally. - Any defendant, by appropriate plea, may put in issue the...

Section 35-11-225 - Judgment by Default. - Judgment by default may be entered against any defendant, except...

Section 35-11-226 - Enforcement of Judgments. - (a) Judgments establishing the lien, and ordering the property sold...

Section 35-11-227 - Actions by Employees, etc.; Defense by Contractor. - (a) If the action is by an employee of the...

Section 35-11-228 - Liens Stand on Equal Footing; Exception; Distribution of Proceeds. - All liens arising under this division, except in favor of...

Section 35-11-229 - Actions by Personal Representatives. - If any person entitled to a lien under this division...

Section 35-11-230 - Actions Against Personal Representatives. - The provisions of this Code prohibiting the bringing of actions...

Section 35-11-231 - Acknowledgment of Satisfaction. - (a) Whenever any such lien has been fully satisfied, the...

Section 35-11-232 - "Owner or Proprietor" Defined. - Every person, including cestuis que trust, for whose use, benefit,...

Section 35-11-233 - Assignment of Lien; Transfer of Lien on Real Property to Other Security. - (a) Any claim for which a lien is provided in...

Section 35-11-234 - Subrogation. - The owner of any lien on land or improvements who...

Division 9 - Sawmill Owners or Operators.

Section 35-11-250 - Lien Declared. - Any person, firm, or corporation operating a public sawmill shall...

Section 35-11-251 - Enforcement of Lien. - (a) If the charges, when due, are not paid within...

Division 10 - Sawmill, Lumber or Timber Employees or Laborers.

Section 35-11-270 - Lien Declared. - Every laborer or employee of any sawmill or planing mill...

Section 35-11-271 - Priority of Lien. - Such lien shall have priority over all other liens, mortgages,...

Section 35-11-272 - Limitations. - The liens created by this division shall be held to...

Section 35-11-273 - Enforcement of Lien. - For the enforcement of such liens, the person entitled thereto...

Division 11 - For Processing Certain Commodities.

Section 35-11-290 - Lien Declared. - Every owner of a cotton gin, peanut machine, or picker,...

Section 35-11-291 - Enforcement of Lien. - (a) When the processor retains possession of the commodity subject...

Division 12 - Owners of Booms and Bulkheads.

Section 35-11-310 - Lien Declared. - Any riparian proprietor who has lawfully erected or maintains in...

Section 35-11-311 - Enforcement of Lien. - For the enforcement of such lien, the owner of such...

Division 13 - Owners of Stallions, Jacks, Bulls, Etc.

Section 35-11-330 - Lien Declared. - The owner of every stallion, jack, bull, ram, he-goat, or...

Section 35-11-331 - Enforcement of Lien. - For the enforcement of such lien the owner of any...

Division 14 - Tenants in Common.

Section 35-11-350 - Lien Declared. - Persons farming on shares, or raising crops by joint contributions,...

Section 35-11-351 - Enforcement of Lien. - Such lien may be enforced by attachment upon the grounds...

Division 15 - Hospitals.

Section 35-11-370 - Lien Declared. - Any person, firm, hospital authority, or corporation operating a hospital...

Section 35-11-371 - Perfection of Lien. - (a) For the purposes of this section, the following terms...

Section 35-11-372 - Release or Satisfaction. - (a) During the period of time allowed by Section 35-11-371...

Section 35-11-373 - Jurisdiction to Determine Matters Connected With Lien; Appeals. - In any case where the action, claim, counterclaim or demand...

Section 35-11-374 - Division Not Applicable to Moneys Due Under Workmen's Compensation Act. - The provisions of this division shall not apply to any...

Section 35-11-375 - Hospital Not Given Independent Right to Determine Liability for Injuries. - This division shall not be construed as giving any hospital...

Division 16 - Veterinarians.

Section 35-11-390 - Lien Declared. - Every veterinarian duly licensed to practice veterinary medicine and surgery...

Section 35-11-391 - Enforcement of Lien. - (a) If the charges due for the services named in...

Division 17 - Improvements on Public Streets, Etc.

Section 35-11-410 - Lien Declared. - Every person, firm or corporation who shall do or perform...

Section 35-11-411 - Priority of Lien. - Such lien as to the land and buildings and improvements...

Section 35-11-412 - Filing of Verified Statement; Limitation of Actions. - (a) It shall be the duty of every person entitled...

Section 35-11-413 - Jurisdiction; How Action Commenced. - Actions for the enforcement of liens under this division may...

Section 35-11-414 - Judgment. - If the court by its finding, or the jury by...

Section 35-11-415 - Actions Against Personal Representatives. - The provisions of this Code prohibiting the bringing of actions...

Section 35-11-416 - Acknowledgment of Satisfaction. - Whenever any such lien has been fully satisfied, the holder...

Section 35-11-417 - Assignment of Claims. - Any claim for which a lien is provided in this...

Division 18 - Appliances, Machinery and Equipment Used for Land Clearing or Improvements.

Section 35-11-430 - Lien Declared. - Every person, firm, or corporation renting or leasing any appliance,...

Section 35-11-431 - Perfection and Enforcement of Lien. - The lien hereby created shall arise, be perfected and enforced...

Division 19 - Broker Compensation for Sale, Lease, or Conveyance of Commercial Real Estate.

Section 35-11-450 - Definitions. - As used in this division the following terms have the...

Section 35-11-451 - Brokers Lien Generally; Recording Notice; Notice Requirements; Enforcement of Lien. - (a) A real estate broker shall have a lien, in...

Section 35-11-452 - Priority of Lien. - All mortgages, other liens recorded prior to the recording of...

Section 35-11-453 - Escrow Accounts. - Except as otherwise provided in this section, whenever a notice...

Section 35-11-454 - Release, etc., of Lien. - (a) Whenever a notice of lien has been filed with...

Chapter 12 - Lost or Unclaimed Property.

Article 1 - General Provisions.

Section 35-12-1 - When Finder Becomes Depositary. - One who finds a thing lost is not bound to...

Section 35-12-2 - Proof of Ownership of Claimant. - The finder of a thing may in good faith, before...

Section 35-12-3 - Compensation and Reward for Finder. - The finder of a thing is entitled to compensation for...

Section 35-12-4 - Placing Thing Found in Storage. - The finder of a thing may exonerate himself from liability...

Section 35-12-5 - Sale. - (a) The finder of a thing may sell it, if...

Section 35-12-6 - Disposition of Unclaimed Articles Left for Service. - Any person who is regularly engaged in the business of...

Article 2 - Uniform Disposition of Unclaimed Property Act.

Division 1 - In General.

Section 35-12-20 - Short Title. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-21 - Definitions. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-22 - Property Held by Banking or Financial Organizations or Business Associations. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-23 - Unclaimed Funds Held by Insurance Corporations. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-24 - Deposits and Refunds Held by Utilities. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-24.1 - Exemptions. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-25 - Undistributed Dividends and Distributions of Business Associations. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-26 - Intangible Property of Business Associations and Banking or Financial Organizations Held in Course of Dissolution. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-27 - Intangible Property Held by Fiduciaries. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-28 - Property Held by Federal Courts, Officers, Authorities or Agencies. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-29 - Miscellaneous Personal Property Not Otherwise Covered by Article. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-30 - Reciprocity for Property Abandoned or Escheated Under Laws of Another State. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-31 - Report of Abandoned Property. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-32 - Notice to Be Published and Mailed by Treasurer. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-33 - Payment or Delivery of Abandoned Property - Generally. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-34 - Payment or Delivery of Abandoned Property - Relief From Liability; Rights Become Obligations of State; Reimbursement. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-35 - Payment or Delivery of Abandoned Property - Owner Not Entitled to Income or Other Increments Accruing After Payment or Delivery. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-36 - Disposition of Property by Treasurer. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-37 - Duties, etc., Not Affected by Expiration of Limitation Period. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-38 - Sale of Abandoned Property or Securities; Presentation of Matured Bonds for Payment; Publication of Notice. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-39 - Deposit of Funds. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-40 - Claims for Property or Proceeds of Sale - Filing of Claim. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-41 - Claims for Property or Proceeds of Sale - Determination and Payment by Treasurer. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-42 - Claims for Property or Proceeds of Sale - Judicial Review. - Repealed by Act 2004-440, §2, effective May 12, 2004.

Section 35-12-43 - Examination of Records by Treasurer. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-44 - Proceedings to Compel Delivery of Abandoned Property. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-45 - Penalties. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-46 - Confidentiality of Information; Rules and Regulations of Treasurer; Employees; Special Counsel. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-47 - Property Presumed Abandoned or Escheated Under Laws of Another State. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-48 - Construction of Article. - Repealed by Act 2004-440, §2, effective May 12, 2004.

Division 2 - Intangible Property.

Section 35-12-50 - When Intangible Property Presumed Abandoned. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Section 35-12-51 - Reporting of Voided State of Alabama Issued Warrants. - Repealed by Act 2004-440, p. 755, §2, effective May 12,...

Article 2A - Uniform Disposition of Unclaimed Property Act of 2004.

Section 35-12-70 - Short Title. - This article may be cited as the Uniform Disposition of...

Section 35-12-71 - Definitions. - As used in this article, unless the context otherwise requires,...

Section 35-12-72 - Presumption of Abandonment. - (a) Property is presumed abandoned if it is unclaimed by...

Section 35-12-73 - Exemptions. - (a) The following entities are exempt from reporting property under...

Section 35-12-74 - Rules for Taking Custody. - Except as otherwise provided in this article, or by other...

Section 35-12-75 - Dormancy Charges. - (a) Any person engaged primarily in the business of selling...

Section 35-12-76 - Report of Abandoned Property. - (a) A holder of property presumed abandoned shall make a...

Section 35-12-77 - Payment or Delivery of Abandoned Property. - (a) Except for property held in a safe deposit box...

Section 35-12-78 - Notification of Abandoned Property. - (a) It is specifically recognized that the state has an...

Section 35-12-79 - Custody by State; Recovery by Holder; Defense of Holder. - (a) In this article, good faith means honesty in fact...

Section 35-12-80 - Public Sale of Abandoned Property. - (a) Except as otherwise provided in this section, the Treasurer,...

Section 35-12-81 - Deposit of Funds. - (a) The Treasurer shall promptly deposit in the Unclaimed Property...

Section 35-12-82 - Claim of Another State to Recover Property. - (a) After property has been paid or delivered to the...

Section 35-12-83 - Filing and Handling of Claims. - (a) A person, excluding another state, claiming property paid or...

Section 35-12-84 - Filing of a Claim - Intestate and Small Claims. - (a) The surviving spouse or, if none, the surviving child...

Section 35-12-85 - Action to Establish a Claim. - A person aggrieved by a decision of the Treasurer or...

Section 35-12-86 - Election to Take Payment or Delivery. - (a) The Treasurer may decline to receive property reported under...

Section 35-12-87 - Disposition of Property Having No Substantial Commercial Value. - If the Treasurer determines after investigation that property delivered under...

Section 35-12-88 - Periods of Limitation. - (a) The expiration, before or after May 12, 2004, of...

Section 35-12-89 - Requests for Reports and Examination of Records. - (a) The Treasurer may require a person who has not...

Section 35-12-90 - Retention of Records. - (a) Except as otherwise provided in subsection (b), a holder...

Section 35-12-91 - Interstate Agreements. - (a) The Treasurer may enter into an agreement with another...

Section 35-12-92 - Penalties and Enforcement. - (a) A holder who fails to report, pay, or deliver...

Section 35-12-93 - Agreement to Locate Property. - (a) An agreement by an owner, the primary purpose of...

Section 35-12-94 - Confidentiality; Staff. - (a) Certain information contained in a holder's report to the...

Section 35-12-95 - Transitional Provisions. - (a) An initial report filed under this article for property...

Section 35-12-96 - Uniformity of Application and Construction. - This article shall be applied and construed to effectuate its...

Chapter 12A - Abandoned Manufactured Dwellings.

Section 35-12A-1 - Definitions. - (1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling that satisfies either...

Section 35-12A-2 - Sale of Manufactured Dwelling. - A manufactured dwelling community owner may sell a manufactured dwelling...

Section 35-12A-3 - Notice to Tenant. - Prior to selling the tenant's manufactured dwelling pursuant to this...

Section 35-12A-4 - Notice to Lienholders. - A manufactured dwelling community owner shall also give a copy...

Section 35-12A-5 - Contents of Notice. - The notice required by Sections 35-12A-3 and 35-12A-4 shall state...

Section 35-12A-6 - Storage of Dwelling and Personal Property of Tenant. - (a) After notifying the tenant and lienholder as required by...

Section 35-12A-7 - Intent by Tenant to Remove Dwelling From Premises. - If a tenant, responds by written notice to the manufactured...

Section 35-12A-8 - Sale of Abandoned Dwelling and Personal Property. - (a) If the tenant does not respond within the time...

Section 35-12A-9 - Sale or Disposal of Abandoned Dwelling. - Repealed by Act 2014-167, §2, effective June 1, 2014.

Section 35-12A-10 - Conduct of Public or Private Sales. - A public or private sale authorized by this chapter shall...

Section 35-12A-11 - Disposition of Proceeds of Sale. - (a) The manufactured dwelling community owner may deduct from the...

Section 35-12A-12 - Liability Under Chapter. - Compliance in good faith with this chapter by the manufactured...

Section 35-12A-13 - Rights and Obligations of Lienholders. - If a lienholder makes a timely response to a notice...

Section 35-12A-14 - Abandonment of Dwelling by Death of Tenant. - If the manufactured dwelling or personal property is considered abandoned...

Section 35-12A-15 - Applicability of Chapter to Non-Tenant Owner of Dwelling. - In the case of an abandoned manufactured dwelling that is...

Chapter 13 - Salvage.

Section 35-13-1 - Right to Take Up and Secure Property Adrift. - All property adrift may be taken up by any person...

Section 35-13-2 - Appraisement and Description of Property. - (a) Such person must, within two days after the same...

Section 35-13-3 - Notice. - (a) If the appraised value is over $30.00, the taker...

Section 35-13-4 - Restoration of Property Upon Proof by Owner. - The owner may, on notifying the taker or the person...

Section 35-13-5 - Compensation of Taker. - (a) The taker is entitled to 10 percent on the...

Section 35-13-6 - Fees of Appraisers. - The appraisers, other than the district court, are entitled to...

Section 35-13-7 - Limitations. - The owner may prove his property, if appraised at not...

Section 35-13-8 - Remedy of Owner When Taker Refuses to Deliver Property. - If the taker or the person in possession of the...

Section 35-13-9 - Liability for Concealment or Destruction, Etc. - If any person conceals, destroys, injures, obliterates, or defaces any...

Section 35-13-10 - Applicability of Chapter to Taker's Personal Representative. - If the taker dies before the expiration of the time...

Chapter 14 - Damages for Destruction, Injury, or Removal of Trees.

Section 35-14-1 - Generally; When Owner of Trees Deemed Owner of Land; Joinder Actions. - (a) Any person who cuts down, deadens, girdles, boxes, destroys,...

Section 35-14-2 - Fruit or Ornamental Trees, Etc. - Any person who cuts down, digs up, girdles, destroys, or...

Section 35-14-3 - Court in Which Action May Be Brought; Limitations; Further Proceedings Not Barred. - Any action for the specific penalties given by this chapter...

Chapter 15 - Duty of Care Owed Persons on Premises for Sporting or Recreational Purposes.

Article 1 - General Provisions.

Section 35-15-1 - No Duty Owed Except as Provided in Section 35-15-3. - An owner, lessee, or occupant of premises owes no duty...

Section 35-15-2 - Effect of Permission to Use Premises. - An owner, lessee, or occupant of premises who gives permission...

Section 35-15-3 - Otherwise Existing Liability Not Limited. - This article does not limit the liability which otherwise exists...

Section 35-15-4 - General Duty of Care or Ground of Liability Not Created. - Nothing in this article creates a duty of care or...

Section 35-15-5 - Right to Go on Lands of Another Without Permission Not Created. - Nothing in this article shall be construed as granting or...

Article 2 - Limitation of Liability for Non-Commercial Public Recreational Use of Land.

Section 35-15-20 - Legislative Intent. - It is hereby declared that there is a need for...

Section 35-15-21 - Definitions. - Unless the context thereof clearly indicates to the contrary, as...

Section 35-15-22 - Inspection and Warning Not Required. - Except as specifically recognized by or provided in this article,...

Section 35-15-23 - Limitations on Legal Liability of Owner. - Except as expressly provided in this article, an owner of...

Section 35-15-24 - Otherwise Existing Liability Not Limited. - (a) Nothing in this article limits in any way legal...

Section 35-15-25 - Duty of Care by Persons Using Outdoor Recreational Land. - Nothing in this article shall be construed to relieve any...

Section 35-15-26 - Provisions Not Applicable to Commercial Recreational Enterprise. - The liability limitation provisions of this article shall not apply...

Section 35-15-27 - Governmental Immunity. - Nothing in this article shall be so construed as to...

Section 35-15-28 - Owner Must Establish Public Use. - (a) The liability limitation protection of this article may be...

Article 2A

Section 35-15-30 - Removal of Guest From Recreational Vehicle Park for Certain Conduct. - (a) As used in this section, the term recreational vehicle...

Article 3 - Landowners' Protection Act.

Section 35-15-40 - Liability of Landowners Who Lease Property for Hunting or Fishing Purposes. - (a) This section shall be known and may be cited...

Chapter 16 - Annuity and Mortality Tables.

Section 35-16-1 - Publication of Annuity Tables. - The superintendent of insurance and the superintendent of banks, jointly,...

Section 35-16-2 - Annuity Tables as Evidence. - Annuity tables computed, compiled, printed, and published as provided in...

Section 35-16-3 - Publication of Mortality Tables. - The superintendent of insurance shall, within 10 days after final...

Section 35-16-4 - Mortality Tables as Evidence. - (a) Mortality tables as printed in the bound acts of...

Chapter 18 - Conservation Easement.

Section 35-18-1 - Definitions. - As used in this chapter, the following words have the...

Section 35-18-2 - Easement Conveyed, Recorded, Assigned, etc.; Term of Easement; Interest Maintained; Condemnation. - (a) Except as otherwise provided in this chapter, a conservation...

Section 35-18-3 - Actions Affecting a Conservation Easement. - (a) An action affecting a conservation easement may be brought...

Section 35-18-4 - Validity of Easement. - A conservation easement is valid even though any of the...

Section 35-18-5 - Creation of Instrument; Other Interests Valid. - (a) Any instrument intended to create a conservation easement under...

Section 35-18-6 - Relation to "Forever Wild amendment." - The provisions of this chapter are intended to be cumulative...

Chapter 19 - Alabama Unform Environmental Covenants Act.

Section 35-19-1 - Short Title. - This act may be cited as the Alabama Uniform Environmental...

Section 35-19-2 - Definitions. - The following terms shall have the following meanings: (1) ACTIVITY...

Section 35-19-3 - Requirements for Environmental Covenants. - (a) Any person, including a person that owns an interest...

Section 35-19-4 - Interest Holders; Rights of Holders and Agencies; Priority. - (a) An environmental covenant must meet all of the following...

Section 35-19-5 - Validity and Enforceability of Environmental Covenants. - (a) An environmental covenant that complies with this chapter runs...

Section 35-19-6 - Relation to Zoning and Other Laws Regulating Use. - This chapter does not authorize a use of real property...

Section 35-19-7 - To Whom Copies Must Be Provided. - (a) A copy of an environmental covenant shall be provided...

Section 35-19-8 - Recording of Environmental Covenants. - (a) An environmental covenant and any amendment or termination of...

Section 35-19-9 - Duration of Environmental Covenants. - (a) An environmental covenant is perpetual unless any of the...

Section 35-19-10 - Amendment or Termination of Environmental Covenant. - (a) Unless otherwise specified in the environmental covenant, an environmental...

Section 35-19-11 - Administration and Enforcement of Chapter. - (a) The department is designated as the administrating agency for...

Section 35-19-12 - Registry of Environmental Covenants. - (a) The Alabama Department of Environmental Management shall establish and...

Section 35-19-13 - Regulations; Fees. - The department is authorized to adopt regulations and assess fees...

Section 35-19-14 - Construction With Federal Law. - This chapter modifies, limits, or supersedes the federal Electronic Signatures...

Chapter 20 - Alabama Homeowners' Association Act.

Section 35-20-1 - Short Title. - This chapter shall be known and may be cited as...

Section 35-20-2 - Definitions. - For the purposes of this chapter, the following terms shall...

Section 35-20-3 - Applicablity of Chapter. - (a) This chapter applies to all developments subject to a...

Section 35-20-4 - Construction and Administration of Chapter. - (a) The principles of law and equity, including, but not...

Section 35-20-5 - Organization of Associations; Filing Requirements; Rulemaking Authority; Organizational Documents. - (a) On or after January 1, 2016, a homeowners' association...

Section 35-20-6 - Formation of Association. - A homeowners' association provided for in a declaration and subject...

Section 35-20-7 - Election of a Board of Directors and Officers; Modification of Declaration. - A declaration or the governing documents of a homeowners' association...

Section 35-20-8 - Priority of Declaration. - If a conflict exists between the declaration and the governing...

Section 35-20-9 - Notice of Election. - (a) Within 120 days of the date the members have...

Section 35-20-10 - Delivery of Certain Information to the Board Upon Election. - Within 90 days of the selection of the board of...

Section 35-20-11 - Powers of Board. - (a) The board of directors, to the extent authorized by...

Section 35-20-12 - Liens for Unpaid Assessments. - (a) Except as may be otherwise provided in the declaration...

Section 35-20-13 - Records. - (a) A homeowners' association subject to this chapter shall maintain...

Section 35-20-14 - Dissolution and Liquidation of Assets Upon Termination of Declaration. - Upon the termination of a declaration, or at such other...

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Code of Alabama Title 35 - Property.

Code of Alabama
Title 35 - Property.