Alabama Code (Last Updated: November 28, 2014) |
Title35 PROPERTY. |
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. |