There Is a Newer Version of the Code of Alabama
2009 Alabama Code
Title 35 — PROPERTY.
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.
- Division 1 General Provisions.
- 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.
- Division 2 Recordation Necessary as to Purchasers, Mortgagees and Judgment Creditors.
- 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.
- Division 3 Statement of Name and Address of Preparer of Certain Instruments.
- 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.
- Division 4 Alabama Uniform Real Property Electronic Recording Act.
- Section 35-4-120 (Effective January 1, 2010) Short title.
- Section 35-4-121 (Effective January 1, 2010) Definitions.
- Section 35-4-122 (Effective January 1, 2010) Validity of electronic documents.
- Section 35-4-123 (Effective January 1, 2010) Recording of documents.
- Section 35-4-124 (Effective January 1, 2010) Administration and standards.
- Section 35-4-125 (Effective January 1, 2010) Scope and restrictions.
- Section 35-4-126 (Effective January 1, 2010) Uniformity of application and construction.
- Section 35-4-127 (Effective January 1, 2010) Relation to Electronic Signatures in Global and National Commerce Act.
- 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 35-4-259 Trusts for employees or self-employed persons.
- Section 35-4-258 Trust estate not descendible upon death of trustee.
- 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.
Disclaimer: These codes may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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