Alabama Code — 35
Browse 846 sections in division 35 of the Alabama code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 35-1-1. Right of Aliens to Take, Hold, and Transmit Property.
- § 35-1-1.1. Certain Governments or Governmental Entities Prohibited from Acquiring Certain Real Property in the State.
- § 35-1-2. Inter Vivos Gift of Assets Void If Donor Left Without Means of Support.
- § 35-1-3. Disposition of Unsolicited Goods Delivered by Mail or Common Carrier.
- § 35-1-4. Right of Access to Cemetery on Privately Owned or Leased Property.
- § 35-1-5. Display of United States Flag.
- § 35-1-5.1. Display of State Flag on Certain Residential Property.
- § 35-1-6. Limitation on Certain Environmental or Developmental Policies Affecting Property Rights.
- § 35-1-7. Centralized Mail Delivery Prohibited in Certain New Residential Neighborhoods; Requirements for Centralized Mail Delivery Devices.
- § 35-2-1. System Designated; State Divided into East and West Zones.
- § 35-2-2. Designation of System in Land Description.
- § 35-2-3. Plane Coordinates Used in System.
- § 35-2-4. Description When Tract of Land Lies in Both Zones.
- § 35-2-5. Definition of System by United States Coast and Geodetic Survey Adopted.
- § 35-2-6. Limitation on Recordation of Coordinates Defining Position of Point on Land Boundary; Descriptions of Monuments, Markers, Etc.
- § 35-2-7. Limitation on Use of Name of System.
- § 35-2-8. Description by Reference to Subdivision, Line, or Corner of United States Public Land Surveys.
- § 35-2-9. Purchaser or Mortgagee Not Required to Rely Exclusively on Description Based on System.
- § 35-2-20. Creation and Purpose.
- § 35-2-21. Appointment and Qualifications of Chief of Division.
- § 35-2-22. Oath and Salary of Chief of Division; No Other Lucrative Position to Be Held.
- § 35-2-23. Functions and Duties of Chief of Division Generally.
- § 35-2-24. Functions, Duties, and Responsibilities of Commissioner of Conservation and Natural Resources Acting through Chief of Division.
- § 35-2-25. Advisory Board - Creation and Membership.
- § 35-2-26. Advisory Board - Terms of Members; Filling of Vacancies.
- § 35-2-27. Advisory Board - Oath of Members; Reimbursement for Expenses.
- § 35-2-28. Advisory Board - Chairman; Meetings.
- § 35-2-29. Advisory Board - Duties.
- § 35-2-30. Acquisition of Land for Monuments and Office.
- § 35-2-31. Custody and Ownership of Original Survey Corners and Accessories; Penalty for Alteration or Destruction, Etc.
- § 35-2-32. Right of Entry Upon Private Property; Liability for Damages; Immunity from Arrest for Trespass.
- § 35-2-33. Furnishing Copies of Records; Admissibility of Division Records in Court Proceedings.
- § 35-2-34. Registration of Employees; Private Surveying or Consultation Not Permitted.
- § 35-2-35. Production, Reproduction, or Sale of Maps, Plats, Etc.
- § 35-2-36. Contracts.
- § 35-2-37. Limitation on Amount of Warrants for Payment of Expenses and Compensation.
- § 35-2-38. Extent of Surveys or Resurveys Authorized by Article.
- § 35-2-50. Survey Required; What Plat or Map Must Show.
- § 35-2-51. Certification, Acknowledgment, and Recordation of Plat or Map; Copies as Evidence; Conveyance.
- § 35-2-52. Approval of Municipal Authorities Required.
- § 35-2-53. Vacation of Plat or Map by Owner of Lands.
- § 35-2-54. Vacation of Streets or Alleys by Abutting Landowners.
- § 35-2-55. Validation, Ratification, and Confirmation of Vacation of Streets, Etc.
- § 35-2-56. Mutilated, Lost, or Mislaid Maps or Plats.
- § 35-2-57. Duty of Probate Judge Upon Recording Vacated Map or Plat.
- § 35-2-58. Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Jurisdiction; Parties.
- § 35-2-59. Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Conduct of Proceedings; Entry of Judgment; Appeals.
- § 35-2-60. Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Recordation of Judgment.
- § 35-2-61. Fee for Recordation and Registration.
- § 35-2-62. Remedies Not Exclusive.
- § 35-2-80. Duty of Probate Judges to Record Aerial Photographs or Maps; Manner of Recordation and Maintenance.
- § 35-2-81. Approval of County Engineer; Recordation by Probate Judge Without Fee; Use After Recordation.
- § 35-2-82. Article Cumulative.
- § 35-3-1. Proceedings Authorized; Conclusiveness of Established Lines.
- § 35-3-2. Right to Maintain Action; Duty of Court to Determine Claims and Make Order.
- § 35-3-3. Judgment; Landmarks.
- § 35-3-20. Order for Survey on Motion of Court.
- § 35-3-21. Order for Survey on Motion of Party - Filing; Notice to Show Cause; Continuance.
- § 35-3-22. Order for Survey on Motion of Party - Appointment of Surveyor; Costs Generally.
- § 35-3-23. Order for Survey on Motion of Party - Deposit of Costs.
- § 35-3-24. Duty of Surveyor to Make Survey; Report, Map, or Plat.
- § 35-3-25. Compensation of Surveyor; Provisions of Article Not Exclusive.
- § 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.
- § 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.
- § 35-4-26. 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 35-4-170. Remainders Not Defeated by Acts of Life Tenants.
- § 35-4-171. Removal of Personalty.
- § 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.
- § 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.
- § 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.
- § 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.
- § 35-4-258. Trust Estate Not Descendible Upon Death of Trustee.
- § 35-4-259. Trusts for Employees or Self-Employed Persons.
- § 35-4-260. Trusts Consisting of Insurance Policies or Proceeds.
- § 35-4-270. Warranties by Tenant for Life.
- § 35-4-271. Construction of Words “Grant,” “Bargain,” or “Sell”; When Covenants of Warranty Implied.
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 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.
- § 35-4A-1. Short Title.
- § 35-4A-2. Statutory Rule Against Perpetuities.
- § 35-4A-3. When Nonvested Property Interest or Power of Appointment Created.
- § 35-4A-4. Reformation.
- § 35-4A-5. Exclusions from Statutory Rule Against Perpetuities.
- § 35-4A-6. Prospective Application.
- § 35-4A-7. Uniformity of Application and Construction.
- § 35-4A-8. Relation to Common Law.
- § 35-5A-1. Short Title.
- § 35-5A-2. Definitions.
- § 35-5A-3. Transfers and Custodians to Which Chapter Applicable; Personal Jurisdiction Over Custodian; Transfers Made Under Law of Another State.
- § 35-5A-4. Nomination of Custodian.
- § 35-5A-5. Transfer by Gift or Exercise of Power of Appointment.
- § 35-5A-6. Transfer by Will or Trust.
- § 35-5A-7. Other Transfer by Fiduciary.
- § 35-5A-8. Transfer by Obligor.
- § 35-5A-9. Receipt and Discharge for Transfer of Custodial Property.
- § 35-5A-10. Manner of Creating Custodial Property and Effecting Transfer; Form of Transfer; Control of Custodial Property.
- § 35-5A-11. Transfer to Be for One Minor; Only One Custodian; Single Custodianship.
- § 35-5A-12. Validity of Transfer; Interest Conveyed; Rights of Custodian and Minor as to Property Transferred; Provisions of Chapter Incorporated in Transfer; Transfer Does Not Authorize Settlement or Release of Claims.
- § 35-5A-13. Powers and Duties of Custodian as to Custodial Property Generally.
- § 35-5A-14. Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property.
- § 35-5A-15. Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor.
- § 35-5A-16. Custodian’s Expenses, Compensation, and Bond.
- § 35-5A-17. Exemption of Third Person from Liability for Good Faith Dealings with Custodian.
- § 35-5A-18. Claims Against Custodial Property; Personal Liability of Custodian and Minor.
- § 35-5A-19. Renunciation, Resignation, Death or Removal of Custodian; Designation of Successor Custodian.
- § 35-5A-20. Accounting by and Determining of Liability of Custodian.
- § 35-5A-21. Termination of Custodianship Upon Minor’s Reaching Age 21 or Age of Majority or Upon Minor’s Death.
- § 35-5A-22. Applicability of Chapter.
- § 35-5A-23. Transfers Made Before and Custodianships Existing on October 1, 1986; Property Held in Custodianship Which Terminated Between July 22, 1975, and October 1, 1986, When Minor Attained Age 19.
- § 35-5A-24. Uniformity of Application and Construction.
- § 35-6-1. Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court.
- § 35-6-2. Recordation of Judgment.
- § 35-6-20. Jurisdiction of Circuit Court to Divide or Sell for Division.
- § 35-6-21. Interpleader.
- § 35-6-22. Duty of Court to Declare Rights of Parties.
- § 35-6-23. Determination of Questions of Title and Adjustment of Equities.
- § 35-6-24. Partition Without Commissioners; Owelty.
- § 35-6-25. Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative.
- § 35-6-40. Property Subject to Partition; by Whom Application Made.
- § 35-6-41. Partition of Land Lying Partly in Different Counties.
- § 35-6-42. Contents of Application.
- § 35-6-43. Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties.
- § 35-6-44. Proceedings Against Unknown Persons and Certain Other Parties Defendant.
- § 35-6-45. Decree for Partition; Appointment of Commissioners; Minors’ Interests Considered.
- § 35-6-46. Oath of Commissioners; Duties Generally.
- § 35-6-47. Notice of Partition.
- § 35-6-48. Determination and Statement by Commissioners.
- § 35-6-49. Filing and Recordation of Application, Etc.; Record as Evidence.
- § 35-6-50. Partition Vests Title; Annulment by Circuit Court.
- § 35-6-51. Effect of Partition on Liens.
- § 35-6-52. Completion of Partition by Substitute Commissioner.
- § 35-6-53. Fees of Commissioners.
- § 35-6-54. Costs and Expenses.
- § 35-6-55. Partition Not Made When Adverse Claim or Title Asserted.
- § 35-6-56. Remedy Not Exclusive.
- § 35-6-57. Sale Instead of Partition - When Sale Ordered.
- § 35-6-58. Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees.
- § 35-6-59. Sale Instead of Partition - Time for Hearing.
- § 35-6-60. Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties.
- § 35-6-61. Sale Instead of Partition - Evidence.
- § 35-6-62. Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale.
- § 35-6-63. Sale Instead of Partition - Payment and Distribution of Purchase Money.
- § 35-6-64. Sale Instead of Partition - Completion of Sale by Substitute Commissioner.
- § 35-6-65. Article Applicable to Executors or Administrators of Deceased Parties.
- § 35-6-66. Article Not Applicable to Partition of Crops.
- § 35-6-80. When and by Whom Sale Made.
- § 35-6-81. Report of Sale by Guardian to Court.
- § 35-6-82. Time and Notice of Hearing.
- § 35-6-83. Guardian Ad Litem.
- § 35-6-84. Contest by Custodian and Next of Kin.
- § 35-6-85. Conduct of Hearing Generally; Order Confirming Sale.
- § 35-6-86. Multiple Sales.
- § 35-6-87. Report of Payment; Order for Conveyance.