Alabama § 35-8-5 - Unit Ownership, Possession, and Enjoyment.
Full text of Alabama Code of Alabama § 35-8-5 — Unit Ownership, Possession, and Enjoyment., with citation guidance and answers to common questions.
§ 35-8-5. Unit Ownership, Possession, and Enjoyment.
Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy, or relationship recognized under the laws of this state. A unit may be used for residential, commercial, industrial, professional, or any other use not prohibited by law. There shall be included with each unit the following:
(1) The private elements as set forth in the declaration.
(2) An undivided interest in such limited common elements as may be set forth in the declaration.
(3) The right of ownership and to exclusive use and possession of such private elements.
(4) The right to use such common elements and limited common elements in accordance with the declaration and bylaws, but consistent with the lawful rights of other unit owners.
(5) An exclusive easement for the use of any air space occupied by the private elements as they exist at any particular time and as they may lawfully be altered or reconstructed from time to time.
(6) Easements through other units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common and limited common elements.
(7) An easement of support in every other unit which contributes to the support of such unit.
(8) The right of access to a public street or highway.
(9) Such other incidents to ownership, possession, and enjoyment as the declaration may provide.
Source: official Alabama text · Last verified 2026-08-27
Frequently Asked Questions About Alabama § 35-8-5
What does Code of Alabama § 35-8-5 cover?
Section 35-8-5 ("Unit Ownership, Possession, and Enjoyment.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 35-8-5?
A common citation format is "Code of Alabama § 35-8-5" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 35-8-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.