Chapter4. CONVEYANCES AND CREATION OF ESTATES.  


Article 1. General Provisions.
§ 35-4-1. Who may convey lands by deed or will.
§ 35-4-2. Estate taken as fee simple unless expressly limited.
§ 35-4-3. Fee tail converted into fee simple.
§ 35-4-4. Rule against perpetuities.
§ 35-4-5. Conveyance to avoid perpetuities.
§ 35-4-6. Maximum term of leasehold estate; acknowledgment or approval and recordation of leases for more than 20 years.
§ 35-4-7. Survivorship between joint tenants.
§ 35-4-8. Posthumous children included in "heirs," "issue" or "children."
§ 35-4-9. Ownership of title instruments.
Article 2. Execution, Attestation, and Acknowledgment.
§ 35-4-20. Conveyance required to be in writing; signature; attestation by witnesses.
§ 35-4-21. Seal unnecessary.
§ 35-4-22. Effect of writings importing to be under seal.
§ 35-4-23. Acknowledgment - Operates as compliance with witness requirements.
§ 35-4-24. Acknowledgment - Officers authorized to take in this state.
§ 35-4-25. Acknowledgment - Officers holding stock in certain corporations.
§ 35-4-26. Acknowledgment - Officers authorized to take outside Alabama; validity; certification.
§ 35-4-27. Acknowledgment - Proof of official seal.
§ 35-4-28. Acknowledgment - Powers of attorney, etc.
§ 35-4-29. Form of acknowledgment.
§ 35-4-30. Form of probate of conveyance.
§ 35-4-31. Livery of seisin unnecessary.
§ 35-4-32. Attornment of tenant unnecessary.
§ 35-4-33. Judgment for specific performance.
§ 35-4-34. Recitation of consideration unnecessary.
Article 3. Recordation and Registration in General.
Division 1. General Provisions.
§ 35-4-50. Conveyances required to be recorded in office of probate judge.
§ 35-4-51. What instruments admitted to record; filing as notice of contents; section cumulative.
§ 35-4-51.1. Recordation of memorandum of lease; contents; effect.
§ 35-4-52. Petitions, decrees or orders of bankruptcy.
§ 35-4-53. Bonds for title, etc.
§ 35-4-54. Conveyances of personal property brought into state by tenants for life or years.
§ 35-4-55. Choses in action not "personal property" within meaning used in division.
§ 35-4-56. Patents.
§ 35-4-57. Deeds of assignment for benefit of creditors.
§ 35-4-58. Mode of recording generally; time stamp; fees.
§ 35-4-59. Conveyance operative as record from date of delivery; receipt.
§ 35-4-60. Access to books; transcripts.
§ 35-4-61. Liability of probate judge for failure to perform duties generally.
§ 35-4-62. Locations for recording conveyances in real property, deeds, mortgages, etc.
§ 35-4-63. Recording effective as notice of contents of conveyance.
§ 35-4-64. Purchasers protected in dealing with record owner as owner of indebtedness.
§ 35-4-65. When conveyance receivable in evidence.
§ 35-4-66. Recording certified copies of instruments.
§ 35-4-67. Proof of conveyances executed in name of corporation.
§ 35-4-68. Form of proof or acknowledgment of conveyances.
§ 35-4-69. Affidavits - Record as notice of facts recited; by whom made.
§ 35-4-70. Affidavits - Admissibility as evidence.
§ 35-4-71. Affidavits - Filing and recordation by probate judge.
§ 35-4-72. Improperly acknowledged or recorded instruments as evidence.
§ 35-4-73. Recitation of marital status of grantor or vendor required; probate judge not liable for good faith error; false recitation a misdemeanor.
§ 35-4-74. Necessity for including plat or description of plat book, etc.; probate judge not liable for good faith error.
§ 35-4-75. Time for delivery of deed; when recorded contract presumed abandoned.
§ 35-4-76. Limitations on duration of option to purchase land.
Division 2. Recordation Necessary as to Purchasers, Mortgagees and Judgment Creditors.
§ 35-4-90. Conveyances of real property generally.
§ 35-4-91. Instruments creating estates in remainder, etc.
§ 35-4-92. Transfers of standing timber, trees and cutting rights.
§ 35-4-93. Marriage settlements.
§ 35-4-94. Loans in writing, wills or conveyances creating estates in personal property on condition, etc.
§ 35-4-95. Effect of loans of personal property not in writing.
§ 35-4-96. Conveyances of personalty to minors.
§ 35-4-97. Effect of parol gifts of personal property.
§ 35-4-98. When conditional sales contract received in evidence.
Division 3. Statement of Name and Address of Preparer of Certain Instruments.
§ 35-4-110. Instrument not recordable unless statement endorsed on it.
§ 35-4-111. Probate judge not liable for good faith errors.
§ 35-4-112. When division not applicable.
§ 35-4-113. Form.
Division 4. Alabama Uniform Real Property Electronic Recording Act.
§ 35-4-120. Short title.
§ 35-4-121. Definitions.
§ 35-4-122. Validity of electronic documents.
§ 35-4-123. Recording of documents.
§ 35-4-124. Administration and standards.
§ 35-4-125. Scope and restrictions.
§ 35-4-126. Uniformity of application and construction.
§ 35-4-127. Relation to Electronic Signatures in Global and National Commerce Act.
Article 4. Lis Pendens.
§ 35-4-130. Lis pendens record.
§ 35-4-131. Notice of actions, etc.
§ 35-4-132. Notice of levy.
§ 35-4-133. Notices to be recorded in full; indorsement on original.
§ 35-4-134. Index of notices.
§ 35-4-135. Bona fide purchasers, etc., protected upon failure to record notice.
§ 35-4-136. Record of termination of action; microfilm.
§ 35-4-137. Release of land from lien upon execution of bond.
§ 35-4-138. Fees for recording notice.
§ 35-4-139. Liability of judges and officers on bonds.
Article 5. Reformation of Deeds, Mortgages, and Conveyances.
§ 35-4-150. Civil action for reformation of conveyances containing erroneous description.
§ 35-4-151. Error in any description sufficient to maintain civil action.
§ 35-4-152. Grantors, etc., may be made parties defendant.
§ 35-4-153. Fraud or mistake.
Article 6. Life Estates.
§ 35-4-170. Remainders not defeated by acts of life tenants.
§ 35-4-171. Removal of personalty.
Article 7. Ascertainment and Payment of Life or Dower Interests.
§ 35-4-190. Duty of court to ascertain present value and make payment.
§ 35-4-191. Application; notice; guardian ad litem; hearing; costs.
§ 35-4-192. Appeals.
Article 8. Remainders and Executory Devises.
§ 35-4-210. Definitions.
§ 35-4-211. Vested or contingent remainders generally.
§ 35-4-212. Contingent remainder in lands equivalent to executory devise.
§ 35-4-213. Remainder limited after death without heirs or issue.
Article 9. Rule in Shelley's Case.
§ 35-4-230. Abolished.
§ 35-4-231. Character of estate pur autre vie.
§ 35-4-232. Conveyance of greater estate by tenant for life or years passes his estate.
Article 10. Trust Estate and Uses.
§ 35-4-250. Effect of use, trust or confidence for mere benefit of third persons.
§ 35-4-251. Trusts may be created for lawful purpose; necessity for legal title to vest in trustees.
§ 35-4-252. Term of trust for accumulation.
§ 35-4-253. Application of income for accumulation to support of minor.
§ 35-4-254. Responsibility of payor for payment made to trustee.
§ 35-4-255. Trust concerning lands required to be in writing.
§ 35-4-256. Trust void as to creditors or purchasers without notice.
§ 35-4-257. Recording as notice of trust.
§ 35-4-259. Trusts for employees or self-employed persons.
§ 35-4-258. Trust estate not descendible upon death of trustee.
§ 35-4-260. Trusts consisting of insurance policies or proceeds.
Article 11. Warranties and Covenants.
§ 35-4-270. Warranties by tenant for life.
§ 35-4-271. Construction of words "grant," "bargain" or "sell"; when covenants of warranty implied.
Article 12. Powers.
§ 35-4-290. Reservation of power by grantor.
§ 35-4-291. Powers deemed absolute.
§ 35-4-292. Effect of grant of absolute power.
§ 35-4-293. Dispositions valid to extent of power.
§ 35-4-294. Power disposing of real estate required to be in writing.
§ 35-4-295. Requirements for disposition by devise or will.
§ 35-4-296. Execution in cases where instrument specified is insufficient.
§ 35-4-297. Disposition by, between or among several persons generally.
§ 35-4-298. Execution of power upon death of trustee with right of selection.
§ 35-4-299. Consent of third persons to execution of power.
§ 35-4-300. Disposition to or among children.
§ 35-4-301. Powers irrevocable unless otherwise indicated.
§ 35-4-302. Release of powers.
§ 35-4-303. Execution of power by surviving or acting executors; presumption that power not personal.
§ 35-4-304. Execution of power by surviving donee.
§ 35-4-305. Special and beneficial powers liable to claims of creditors.
§ 35-4-306. Article not extended to simple power of attorney.
Article 13. Conveyances by Executors and Administrators.
§ 35-4-320. Personal representative authorized to make conveyance.
§ 35-4-321. Application to compel conveyance - Generally.
§ 35-4-322. Application to compel conveyance - Contents; notice generally; decree; appeals.
§ 35-4-323. Application to compel conveyance - Notice to guardians of minor heirs.
Article 14. Conveyances by Literary or Social Societies, etc.
§ 35-4-340. Who may convey title.
§ 35-4-341. Meeting of trustees; execution of deed.
§ 35-4-342. Property subject to provisions of article.
§ 35-4-343. Vendor's lien, etc.
§ 35-4-344. Article not exclusive.
Article 15. Conveyances of Standing Timber.
§ 35-4-360. Time for cutting and removal of timber.
§ 35-4-361. Right-of-way over timberlands.
§ 35-4-362. Reversion of title to uncut timber.
§ 35-4-363. When standing timber and trees, etc., deemed chattels.
Article 16. Conveyances, etc., by Governor or State Agency or Institution.
§ 35-4-380. Lease of salt springs, etc.
§ 35-4-381. Sale of right to quarry limestone and clay.
§ 35-4-382. Validity of conveyances by state agencies.
§ 35-4-383. Validity of leases, etc., by state agencies.
§ 35-4-384. Sale of contingent interests by state institutions.
§ 35-4-385. Conveyance of lands owned by the state.
§ 35-4-386. Patent to decedent vests title in his successors.
§ 35-4-387. Recordation of patents.
§ 35-4-388. When purchaser entitled to receive patent.
§ 35-4-389. Patents for swamp and overflowed lands.
§ 35-4-390. Prior conveyances ratified and confirmed.
§ 35-4-391. Conveyances in cases of lost deeds or adverse possession.
§ 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.
Article 17. Alienation of Certain Public Improvements by Political Subdivisions of State.
§ 35-4-410. Authorization to alienate public recreational facilities and housing projects.
§ 35-4-411. Ordinance or resolution describing proposed conveyance.
§ 35-4-412. Referendum election.
Article 18. Private Transfer Fees.
§ 35-4-430. Intent.
§ 35-4-431. Definitions.
§ 35-4-432. Prohibition.
§ 35-4-433. Liability for violations.
§ 35-4-434. Disclosure.
§ 35-4-435. Notice requirements for existing private transfer fee obligations.