There is a newer version of the Code of Alabama
2014 Code of Alabama
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.
- 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.
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.
- 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.
- Section 35-4-120 - Short title.
- Section 35-4-121 - Definitions.
- Section 35-4-122 - Validity of electronic documents.
- Section 35-4-123 - Recording of documents.
- Section 35-4-124 - Administration and standards.
- Section 35-4-125 - Scope and restrictions.
- Section 35-4-126 - Uniformity of application and construction.
- Section 35-4-127 - Relation to Electronic Signatures in Global and National Commerce Act.
- 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.
- 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.
- Section 35-4-170 - Remainders not defeated by acts of life tenants.
- Section 35-4-171 - Removal of personalty.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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