2006 Alabama Code - Chapter 4 — CONVEYANCES AND CREATION OF ESTATES.

Article 1 General Provisions.

• Section 35-4-1 — Who may convey lands by deed or will.
• Section 35-4-2 — Estate taken as fee simple unless expressly limited.
• Section 35-4-3 — Fee tail converted into fee simple.
• Section 35-4-4 — Rule against perpetuities.
• Section 35-4-5 — Conveyance to avoid perpetuities.
• Section 35-4-6 — Maximum term of leasehold estate; acknowledgment or approval and recordation of leases for more than 20 years.
• Section 35-4-7 — Survivorship between joint tenants.
• Section 35-4-8 — Posthumous children included in "heirs," "issue" or "children."
• Section 35-4-9 — Ownership of title instruments.

Article 2 Execution, Attestation and Acknowledgment.

• Section 35-4-20 — Conveyance required to be in writing; signature; attestation by witnesses.
• Section 35-4-21 — Seal unnecessary.
• Section 35-4-22 — Effect of writings importing to be under seal.
• Section 35-4-23 — Acknowledgment - Operates as compliance with witness requirements.
• Section 35-4-24 — Acknowledgment - Officers authorized to take in this state.
• Section 35-4-25 — Acknowledgment - Officers holding stock in certain corporations.
• Section 35-4-26 — Acknowledgment - Officers authorized to take outside Alabama; validity; certification.
• Section 35-4-27 — Acknowledgment - Proof of official seal.
• Section 35-4-28 — Acknowledgment - Powers of attorney, etc.
• Section 35-4-29 — Form of acknowledgment.
• Section 35-4-30 — Form of probate of conveyance.
• Section 35-4-31 — Livery of seisin unnecessary.
• Section 35-4-32 — Attornment of tenant unnecessary.
• Section 35-4-33 — Judgment for specific performance.
• Section 35-4-34 — Recitation of consideration unnecessary.

Article 3 Recordation and Registration in General.

• Section 35-4-50 — Conveyances required to be recorded in office of probate judge.
• Section 35-4-51 — What instruments admitted to record; filing as notice of contents; section cumulative.
• Section 35-4-51.1 — Recordation of memorandum of lease; contents; effect.
• Section 35-4-52 — Petitions, decrees or orders of bankruptcy.
• Section 35-4-53 — Bonds for title, etc.
• Section 35-4-54 — Conveyances of personal property brought into state by tenants for life or years.
• Section 35-4-55 — Choses in action not "personal property" within meaning used in division.
• Section 35-4-56 — Patents.
• Section 35-4-57 — Deeds of assignment for benefit of creditors.
• Section 35-4-58 — Mode of recording generally; time stamp; fees.
• Section 35-4-59 — Conveyance operative as record from date of delivery; receipt.
• Section 35-4-60 — Access to books; transcripts.
• Section 35-4-61 — Liability of probate judge for failure to perform duties generally.
• Section 35-4-62 — Locations for recording conveyances in real property, deeds, mortgages, etc.
• Section 35-4-63 — Recording effective as notice of contents of conveyance.
• Section 35-4-64 — Purchasers protected in dealing with record owner as owner of indebtedness.
• Section 35-4-65 — When conveyance receivable in evidence.
• Section 35-4-66 — Recording certified copies of instruments.
• Section 35-4-67 — Proof of conveyances executed in name of corporation.
• Section 35-4-68 — Form of proof or acknowledgment of conveyances.
• Section 35-4-69 — Affidavits - Record as notice of facts recited; by whom made.
• Section 35-4-70 — Affidavits - Admissibility as evidence.
• Section 35-4-71 — Affidavits - Filing and recordation by probate judge.
• Section 35-4-72 — Improperly acknowledged or recorded instruments as evidence.
• 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.
• Section 35-4-74 — Necessity for including plat or description of plat book, etc.; probate judge not liable for good faith error.
• Section 35-4-75 — Time for delivery of deed; when recorded contract presumed abandoned.
• Section 35-4-76 — Limitations on duration of option to purchase land.
• Section 35-4-90 — Conveyances of real property generally.
• Section 35-4-91 — Instruments creating estates in remainder, etc.
• Section 35-4-92 — Transfers of standing timber, trees and cutting rights.
• Section 35-4-93 — Marriage settlements.
• Section 35-4-94 — Loans in writing, wills or conveyances creating estates in personal property on condition, etc.
• Section 35-4-95 — Effect of loans of personal property not in writing.
• Section 35-4-96 — Conveyances of personalty to minors.
• Section 35-4-97 — Effect of parol gifts of personal property.
• Section 35-4-98 — When conditional sales contract received in evidence.
• Section 35-4-110 — Instrument not recordable unless statement endorsed on it.
• Section 35-4-111 — Probate judge not liable for good faith errors.
• Section 35-4-112 — When division not applicable.
• Section 35-4-113 — Form.

Article 4 Lis Pendens.

• Section 35-4-130 — Lis pendens record.
• Section 35-4-131 — Notice of actions, etc.
• Section 35-4-132 — Notice of levy.
• Section 35-4-133 — Notices to be recorded in full; indorsement on original.
• Section 35-4-134 — Index of notices.
• Section 35-4-135 — Bona fide purchasers, etc., protected upon failure to record notice.
• Section 35-4-136 — Record of termination of action; microfilm.
• Section 35-4-137 — Release of land from lien upon execution of bond.
• Section 35-4-138 — Fees for recording notice.
• Section 35-4-139 — Liability of judges and officers on bonds.

Article 5 Reformation of Deeds, Mortgages and Conveyances.

• Section 35-4-150 — Civil action for reformation of conveyances containing erroneous description.
• Section 35-4-151 — Error in any description sufficient to maintain civil action.
• Section 35-4-152 — Grantors, etc., may be made parties defendant.
• Section 35-4-153 — Fraud or mistake.

Article 6 Life Estates.

• Section 35-4-170 — Remainders not defeated by acts of life tenants.
• Section 35-4-171 — Removal of personalty.

Article 7 Ascertainment and Payment of Life or Dower Interests.

• Section 35-4-190 — Duty of court to ascertain present value and make payment.
• Section 35-4-191 — Application; notice; guardian ad litem; hearing; costs.
• Section 35-4-192 — Appeals.

Article 8 Remainders and Executory Devises.

• Section 35-4-210 — Definitions.
• Section 35-4-211 — Vested or contingent remainders generally.
• Section 35-4-212 — Contingent remainder in lands equivalent to executory devise.
• Section 35-4-213 — Remainder limited after death without heirs or issue.

Article 9 Rule in Shelley's Case.

• Section 35-4-230 — Abolished.
• Section 35-4-231 — Character of estate pur autre vie.
• Section 35-4-232 — Conveyance of greater estate by tenant for life or years passes his estate.

Article 10 Trust Estate and Uses.

• Section 35-4-250 — Effect of use, trust or confidence for mere benefit of third persons.
• Section 35-4-251 — Trusts may be created for lawful purpose; necessity for legal title to vest in trustees.
• Section 35-4-252 — Term of trust for accumulation.
• Section 35-4-253 — Application of income for accumulation to support of minor.
• Section 35-4-254 — Responsibility of payor for payment made to trustee.
• Section 35-4-255 — Trust concerning lands required to be in writing.
• Section 35-4-256 — Trust void as to creditors or purchasers without notice.
• Section 35-4-257 — Recording as notice of trust.
• Section 35-4-258 — Trust estate not descendible upon death of trustee.
• Section 35-4-259 — Trusts for employees or self-employed persons.
• Section 35-4-260 — Trusts consisting of insurance policies or proceeds.

Article 11 Warranties and Covenants.

• Section 35-4-270 — Warranties by tenant for life.
• Section 35-4-271 — Construction of words "grant," "bargain" or "sell"; when covenants of warranty implied.

Article 12 Powers.

• Section 35-4-290 — Reservation of power by grantor.
• Section 35-4-291 — Powers deemed absolute.
• Section 35-4-292 — Effect of grant of absolute power.
• Section 35-4-293 — Dispositions valid to extent of power.
• Section 35-4-294 — Power disposing of real estate required to be in writing.
• Section 35-4-295 — Requirements for disposition by devise or will.
• Section 35-4-296 — Execution in cases where instrument specified is insufficient.
• Section 35-4-297 — Disposition by, between or among several persons generally.
• Section 35-4-298 — Execution of power upon death of trustee with right of selection.
• Section 35-4-299 — Consent of third persons to execution of power.
• Section 35-4-300 — Disposition to or among children.
• Section 35-4-301 — Powers irrevocable unless otherwise indicated.
• Section 35-4-302 — Release of powers.
• Section 35-4-303 — Execution of power by surviving or acting executors; presumption that power not personal.
• Section 35-4-304 — Execution of power by surviving donee.
• Section 35-4-305 — Special and beneficial powers liable to claims of creditors.
• Section 35-4-306 — Article not extended to simple power of attorney.

Article 13 Conveyances by Executors and Administrators.

• Section 35-4-320 — Personal representative authorized to make conveyance.
• Section 35-4-321 — Application to compel conveyance - Generally.
• Section 35-4-322 — Application to compel conveyance - Contents; notice generally; decree; appeals.
• Section 35-4-323 — Application to compel conveyance - Notice to guardians of minor heirs.

Article 14 Conveyances by Literary or Social Societies, etc.

• Section 35-4-340 — Who may convey title.
• Section 35-4-341 — Meeting of trustees; execution of deed.
• Section 35-4-342 — Property subject to provisions of article.
• Section 35-4-343 — Vendor's lien, etc.
• Section 35-4-344 — Article not exclusive.

Article 15 Conveyances of Standing Timber.

• Section 35-4-360 — Time for cutting and removal of timber.
• Section 35-4-361 — Right-of-way over timberlands.
• Section 35-4-362 — Reversion of title to uncut timber.
• Section 35-4-363 — When standing timber and trees, etc., deemed chattels.

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

• Section 35-4-380 — Lease of salt springs, etc.
• Section 35-4-381 — Sale of right to quarry limestone and clay.
• Section 35-4-382 — Validity of conveyances by state agencies.
• Section 35-4-383 — Validity of leases, etc., by state agencies.
• Section 35-4-384 — Sale of contingent interests by state institutions.
• Section 35-4-385 — Conveyance of lands owned by the state.
• Section 35-4-386 — Patent to decedent vests title in his successors.
• Section 35-4-387 — Recordation of patents.
• Section 35-4-388 — When purchaser entitled to receive patent.
• Section 35-4-389 — Patents for swamp and overflowed lands.
• Section 35-4-390 — Prior conveyances ratified and confirmed.
• Section 35-4-391 — Conveyances in cases of lost deeds or adverse possession.
• 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.

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.
• Section 35-4-411 — Ordinance or resolution describing proposed conveyance.
• Section 35-4-412 — Referendum election.