Title 35 — PROPERTY.
- Chapter 1 — GENERAL PROVISIONS.
- Section 35-1-1 Right of aliens to take, hold and transmit property.
- Section 35-1-2 Inter vivos gift of assets void if donor left without means of support.
- Section 35-1-3 Disposition of unsolicited goods delivered by mail or common carrier.
- Section 35-1-4 Right of access to cemetery on privately owned or leased property.
- Section 35-1-5 Display of United States flag.
- Chapter 2 — SURVEYS.
- Section 35-2-1 System designated; state divided into east and west zones.
- Section 35-2-2 Designation of system in land description.
- Section 35-2-20 Creation and purpose.
- Section 35-2-21 Appointment and qualifications of chief of division.
- Section 35-2-22 Oath and salary of chief of division; no other lucrative position to be held.
- Section 35-2-23 Functions and duties of chief of division generally.
- Section 35-2-24 Functions, duties and responsibilities of Commissioner of Conservation and Natural Resources acting through chief of division.
- Section 35-2-25 Advisory board - Creation and membership.
- Section 35-2-26 Advisory board - Terms of members; filling of vacancies.
- Section 35-2-27 Advisory board - Oath of members; reimbursement for expenses.
- Section 35-2-28 Advisory board - Chairman; meetings.
- Section 35-2-29 Advisory board - Duties.
- Section 35-2-3 Plane coordinates used in system.
- Section 35-2-30 Acquisition of land for monuments and office.
- Section 35-2-31 Custody and ownership of original survey corners and accessories; penalty for alteration or destruction, etc.
- Section 35-2-32 Right of entry upon private property; liability for damages; immunity from arrest for trespass.
- Section 35-2-33 Furnishing copies of records; admissibility of division records in court proceedings.
- Section 35-2-34 Registration of employees; private surveying or consultation not permitted.
- Section 35-2-35 Production, reproduction or sale of maps, plats, etc.
- Section 35-2-36 Contracts.
- Section 35-2-37 Limitation on amount of warrants for payment of expenses and compensation.
- Section 35-2-38 Extent of surveys or resurveys authorized by article.
- Section 35-2-4 Description when tract of land lies in both zones.
- Section 35-2-5 Definition of system by United States coast and geodetic survey adopted.
- Section 35-2-50 Survey required; what plat or map must show.
- Section 35-2-51 Certification, acknowledgment and recordation of plat or map; copies as evidence; conveyance.
- Section 35-2-52 Approval of municipal authorities required.
- Section 35-2-53 Vacation of plat or map by owner of lands.
- Section 35-2-54 Vacation of streets or alleys by abutting landowners.
- Section 35-2-55 Validation, ratification and confirmation of vacation of streets, etc.
- Section 35-2-56 Mutilated, lost or mislaid maps or plats.
- Section 35-2-57 Duty of probate judge upon recording vacated map or plat.
- Section 35-2-58 Vacation and annulment of map or plat, etc., by circuit court - Jurisdiction; parties.
- Section 35-2-59 Vacation and annulment of map or plat, etc., by circuit court - Conduct of proceedings; entry of judgment; appeals.
- Section 35-2-6 Limitation on recordation of coordinates defining position of point on land boundary; descriptions of monuments, markers, etc.
- Section 35-2-60 Vacation and annulment of map or plat, etc., by circuit court - Recordation of judgment.
- Section 35-2-61 Fee for recordation and registration.
- Section 35-2-62 Remedies not exclusive.
- Section 35-2-7 Limitation on use of name of system.
- Section 35-2-8 Description by reference to subdivision, line or corner of United States public land surveys.
- Section 35-2-80 Duty of probate judges to record aerial photographs or maps; manner of recordation and maintenance.
- Section 35-2-81 Approval of county engineer; recordation by probate judge without fee; use after recordation.
- Section 35-2-82 Article cumulative.
- Section 35-2-9 Purchaser or mortgagee not required to rely exclusively on description based on system.
- Chapter 3 — BOUNDARIES.
- Section 35-3-1 Proceedings authorized; conclusiveness of established lines.
- Section 35-3-2 Right to maintain action; duty of court to determine claims and make order.
- Section 35-3-20 Order for survey on motion of court.
- Section 35-3-21 Order for survey on motion of party - Filing; notice to show cause; continuance.
- Section 35-3-22 Order for survey on motion of party - Appointment of surveyor; costs generally.
- Section 35-3-23 Order for survey on motion of party - Deposit of costs.
- Section 35-3-24 Duty of surveyor to make survey; report, map or plat.
- Section 35-3-25 Compensation of surveyor; provisions of article not exclusive.
- Section 35-3-3 Judgment; landmarks.
- Chapter 4 — CONVEYANCES AND CREATION OF ESTATES.
- Section 35-4-1 Who may convey lands by deed or will.
- 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 (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.
- 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 35-4-2 Estate taken as fee simple unless expressly limited.
- Section 35-4-20 Conveyance required to be in writing; signature; attestation by witnesses.
- Section 35-4-21 Seal unnecessary.
- 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 35-4-22 Effect of writings importing to be under seal.
- Section 35-4-23 Acknowledgment - Operates as compliance with witness requirements.
- 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 35-4-24 Acknowledgment - Officers authorized to take in this state.
- Section 35-4-25 Acknowledgment - Officers holding stock in certain corporations.
- 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 35-4-26 Acknowledgment - Officers authorized to take outside Alabama; validity; certification.
- Section 35-4-260 Trusts consisting of insurance policies or proceeds.
- Section 35-4-27 Acknowledgment - Proof of official seal.
- 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 35-4-28 Acknowledgment - Powers of attorney, etc.
- Section 35-4-29 Form of acknowledgment.
- 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 35-4-3 Fee tail converted into fee simple.
- Section 35-4-30 Form of probate of conveyance.
- 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 35-4-31 Livery of seisin unnecessary.
- Section 35-4-32 Attornment of tenant unnecessary.
- 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 35-4-33 Judgment for specific performance.
- Section 35-4-34 Recitation of consideration unnecessary.
- 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.
- Section 35-4-4 Rule against perpetuities.
- 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.
- Section 35-4-5 Conveyance to avoid perpetuities.
- 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 35-4-6 Maximum term of leasehold estate; acknowledgment or approval and recordation of leases for more than 20 years.
- 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 35-4-7 Survivorship between joint tenants.
- 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 35-4-8 Posthumous children included in "heirs," "issue" or "children."
- Section 35-4-9 Ownership of title instruments.
- 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.
- Chapter 5A — UNIFORM TRANSFERS TO MINORS ACT.
- Section 35-5A-1 Short title.
- Section 35-5A-10 Manner of creating custodial property and effecting transfer; form of transfer; control of custodial property.
- Section 35-5A-11 Transfer to be for one minor; only one custodian; single custodianship.
- Section 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 settleme
- Section 35-5A-13 Powers and duties of custodian as to custodial property generally.
- Section 35-5A-14 Custodian has rights and powers that unmarried adult would have as to property.
- Section 35-5A-15 Delivery, payment, or expenditure of custodial property for benefit of minor.
- Section 35-5A-16 Custodian's expenses, compensation, and bond.
- Section 35-5A-17 Exemption of third person from liability for good faith dealings with custodian.
- Section 35-5A-18 Claims against custodial property; personal liability of custodian and minor.
- Section 35-5A-19 Renunciation, resignation, death or removal of custodian; designation of successor custodian.
- Section 35-5A-2 Definitions.
- Section 35-5A-20 Accounting by and determining of liability of custodian.
- Section 35-5A-21 Termination of custodianship upon minor's reaching age 21 or age of majority or upon minor's death.
- Section 35-5A-22 Applicability of chapter.
- Section 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 a
- Section 35-5A-24 Uniformity of application and construction.
- Section 35-5A-3 Transfers and custodians to which chapter applicable; personal jurisdiction over custodian; transfers made under law of another state.
- Section 35-5A-4 Nomination of custodian.
- Section 35-5A-5 Transfer by gift or exercise of power of appointment.
- Section 35-5A-6 Transfer by will or trust.
- Section 35-5A-7 Other transfer by fiduciary.
- Section 35-5A-8 Transfer by obligor.
- Section 35-5A-9 Receipt and discharge for transfer of custodial property.
- Chapter 6 — PARTITION.
- Section 35-6-1 Deposit of unclaimed money in county treasury; payment upon order of court.
- Section 35-6-100 Court to provide for purchase of filing joint owners' interests; notice by prospective purchasers.
- Section 35-6-101 Appointment of appraisers; report.
- Section 35-6-102 Payment of appraised value into court; time period; transfer of title.
- Section 35-6-103 Effect of failure to pay purchase price.
- Section 35-6-104 Costs of appraisal.
- Section 35-6-110 Crops subject to partition; by whom application made.
- Section 35-6-111 Contents of application.
- Section 35-6-112 Time for hearing; guardians ad litem.
- Section 35-6-113 Notice.
- Section 35-6-114 When sheriff ordered to take possession of crops; forthcoming bond.
- Section 35-6-115 Decree of partition or sale; effect on existing liens.
- Section 35-6-116 Sale by sheriff; distribution of proceeds by probate judge.
- Section 35-6-117 Appointment and duties of commissioners generally; oath; return; seizure of crops.
- Section 35-6-118 Sale when partition impracticable.
- Section 35-6-119 Replacement of commissioners upon failure to act.
- Section 35-6-120 Objections to commissioners' report; confirming or setting aside report.
- Section 35-6-121 Delivery of shares.
- Section 35-6-122 Trial by jury.
- Section 35-6-123 Costs and fees.
- Section 35-6-124 Appeals.
- Section 35-6-125 Recordation of papers.
- Section 35-6-126 Article applicable to assignees; remedy not exclusive.
- Section 35-6-20 Jurisdiction of circuit court to divide or sell for division.
- Section 35-6-21 Interpleader.
- Section 35-6-22 Duty of court to declare rights of parties.
- Section 35-6-23 Determination of questions of title and adjustment of equities.
- Section 35-6-24 Partition without commissioners; owelty.
- Section 35-6-25 Service of process on certain parties defendant; guardian ad litem; judgment not affected by death of defendant; section cumulative.
- Section 35-6-40 Property subject to partition; by whom application made.
- Section 35-6-41 Partition of land lying partly in different counties.
- Section 35-6-42 Contents of application.
- Section 35-6-43 Time and place of hearing; notice; guardians ad litem; nonresidents as parties.
- Section 35-6-44 Proceedings against unknown persons and certain other parties defendant.
- Section 35-6-45 Decree for partition; appointment of commissioners; minors' interests considered.
- Section 35-6-46 Oath of commissioners; duties generally.
- Section 35-6-47 Notice of partition.
- Section 35-6-48 Determination and statement by commissioners.
- Section 35-6-49 Filing and recordation of application, etc.; record as evidence.
- Section 35-6-50 Partition vests title; annulment by circuit court.
- Section 35-6-51 Effect of partition on liens.
- Section 35-6-52 Completion of partition by substitute commissioner.
- Section 35-6-53 Fees of commissioners.
- Section 35-6-54 Costs and expenses.
- Section 35-6-55 Partition not made when adverse claim or title asserted.
- Section 35-6-56 Remedy not exclusive.
- Section 35-6-57 Sale instead of partition - When sale ordered.
- Section 35-6-58 Sale instead of partition - Property subject to sale; by whom application made; where sale held; record of decrees.
- Section 35-6-59 Sale instead of partition - Time for hearing.
- Section 35-6-60 Sale instead of partition - Notice of hearing; guardians ad litem; nonresidents as parties.
- Section 35-6-61 Sale instead of partition - Evidence.
- Section 35-6-62 Sale instead of partition - Decree and orders; appointment of commissioner; conduct of sale.
- Section 35-6-63 Sale instead of partition - Payment and distribution of purchase money.
- Section 35-6-64 Sale instead of partition - Completion of sale by substitute commissioner.
- Section 35-6-65 Article applicable to executors or administrators of deceased parties.
- Section 35-6-66 Article not applicable to partition of crops.
- Section 35-6-80 When and by whom sale made.
- Section 35-6-81 Report of sale by guardian to court.
- Section 35-6-82 Time and notice of hearing.
- Section 35-6-83 Guardian ad litem.
- Section 35-6-84 Contest by custodian and next of kin.
- Section 35-6-85 Conduct of hearing generally; order confirming sale.
- Section 35-6-86 Multiple sales.
- Section 35-6-87 Report of payment; order for conveyance.
- Section 35-6-88 Conveyances to be presented to court; certificate; when conveyance vacated.
- Section 35-6-89 Sale void unless to advantage of ward and confirmed by court.
- Section 35-6-90 Limitation on guardian's authority; authority of successor.
- Section 35-6-91 Provisions of article not exclusive.
- Chapter 7 — PARTITION FENCES.
- Section 35-7-1 Defined.
- Section 35-7-2 Joint owners authorized to make repairs.
- Section 35-7-3 Expenses to be borne proportionately by adjoining owners.
- Section 35-7-4 Ascertainment of amount to be paid upon failure of parties to agree.
- Section 35-7-5 Fees.
- Section 35-7-6 Oath of viewers.
- Section 35-7-7 Action to recover costs and expenses.
- Chapter 8 — CONDOMINIUM OWNERSHIP.
- Section 35-8-1 Short title.
- Section 35-8-10 Bylaws of association.
- Section 35-8-11 Recordation of documents and instruments.
- Section 35-8-12 Liability, actions and service of process.
- Section 35-8-13 Common expenses and limited common expenses.
- Section 35-8-14 Prohibited work.
- Section 35-8-15 Taxes, special assessments, etc.
- Section 35-8-16 Liens against condominium property generally.
- Section 35-8-17 Liens in favor of association.
- Section 35-8-18 Blanket mortgage on condominium property.
- Section 35-8-19 Mortgage investments on condominium property.
- Section 35-8-2 Definitions.
- Section 35-8-20 Termination of condominium.
- Section 35-8-21 Construction and application of building or zoning laws, ordinances and regulations.
- Section 35-8-22 Chapter to be liberally construed.
- Section 35-8-3 Applicability of chapter.
- Section 35-8-4 Units to constitute real property.
- Section 35-8-5 Unit ownership, possession and enjoyment.
- Section 35-8-6 Common and limited common elements.
- Section 35-8-7 Establishment of condominium property; contents of declaration.
- Section 35-8-8 Unit deeds and other instruments.
- Section 35-8-9 Duties and responsibilities of association for administration and management of property.
- Chapter 8A — ALABAMA UNIFORM CONDOMINIUM ACT.
- Section 35-8A-101 Short title.
- Section 35-8A-102 Applicability.
- Section 35-8A-103 Definitions.
- Section 35-8A-104 Variation by agreement.
- Section 35-8A-105 Separate titles and taxation.
- Section 35-8A-106 Applicability of local ordinances, regulations, and building codes.
- Section 35-8A-107 Eminent domain.
- Section 35-8A-108 Supplemental general principles of law applicable.
- Section 35-8A-109 Construction against implicit repeal.
- Section 35-8A-110 Chapter to be liberally construed; remedies liberally administered.
- Section 35-8A-201 Creation of condominium.
- Section 35-8A-202 Unit boundaries.
- Section 35-8A-203 Construction and validity of declaration and bylaws.
- Section 35-8A-204 Description of units.
- Section 35-8A-205 Contents of declaration.
- Section 35-8A-206 Leasehold condominiums.
- Section 35-8A-207 Allocation of common element interests, votes, and common expense liabilities.
- Section 35-8A-208 Limited common elements.
- Section 35-8A-209 Plats and plans.
- Section 35-8A-210 Exercise of development rights.
- Section 35-8A-211 Alterations of units.
- Section 35-8A-212 Relocation of boundaries between adjoining units.
- Section 35-8A-213 Subdivision of units.
- Section 35-8A-214 Monuments as boundaries.
- Section 35-8A-215 Use for sales purposes.
- Section 35-8A-216 Easement rights.
- Section 35-8A-217 Amendment of declaration.
- Section 35-8A-218 Termination of condominium.
- Section 35-8A-219 Rights of secured lenders.
- Section 35-8A-220 Master associations.
- Section 35-8A-221 Merger or consolidation of condominiums.
- Section 35-8A-301 Organization of unit owners' association.
- Section 35-8A-302 Powers of unit owners' association.
- Section 35-8A-303 Board members and officers.
- Section 35-8A-304 Transfer of special declarant rights.
- Section 35-8A-305 Termination of contracts and leases of declarant.
- Section 35-8A-306 Bylaws.
- Section 35-8A-307 Upkeep of condominiums.
- Section 35-8A-308 Meetings.
- Section 35-8A-309 Quorums.
- Section 35-8A-310 Voting; proxies.
- Section 35-8A-311 Tort and contract liability.
- Section 35-8A-312 Conveyance or encumbrance of common elements.
- Section 35-8A-313 Insurance.
- Section 35-8A-314 Surplus funds.
- Section 35-8A-315 Assessments for common expenses.
- Section 35-8A-316 Lien for assessments.
- Section 35-8A-317 Other liens affecting the condominium.
- Section 35-8A-318 Association records.
- Section 35-8A-319 Association as trustee.
- Section 35-8A-401 Applicability; waiver.
- Section 35-8A-402 Liability for offering statement requirements.
- Section 35-8A-403 Offering statement - General provisions.
- Section 35-8A-404 Offering statement - Condominiums subject to development rights.
- Section 35-8A-405 Offering statement - Time shares.
- Section 35-8A-406 Offering statement - Condominiums containing conversion buildings.
- Section 35-8A-407 Offering statement - Condominium securities.
- Section 35-8A-408 Purchaser's right to cancel.
- Section 35-8A-409 Resales of units.
- Section 35-8A-410 Escrow of deposits.
- Section 35-8A-411 Release of liens.
- Section 35-8A-412 Conversion buildings.
- Section 35-8A-413 Express warranties.
- Section 35-8A-414 Effect of violations on rights of action; attorney's fees.
- Section 35-8A-415 Labeling of promotional material.
- Section 35-8A-416 Declarant's obligation to complete and restore.
- Section 35-8A-417 Substantial completion of units.
- Chapter 8B — COMMUNITY DEVELOPMENT DISTRICTS.
- Chapter 9 — LANDLORD AND TENANT.
- Section 35-9-1 Tenant estopped to deny landlord's title.
- Section 35-9-10 Remedies extended to lessee's grantees.
- Section 35-9-100 When reasonable satisfaction may be recovered.
- Section 35-9-11 Right of landlord to enforce lien against sublessees or assignees.
- Section 35-9-12 Seizure of crops upon abandonment of premises.
- Section 35-9-13 Recovery of rent upon death of life tenant who has demised estate.
- Section 35-9-14 Tenant responsible for sewer services bill.
- Section 35-9-15 Responsibility for a tenant's delinquent bill for goods or services.
- Section 35-9-2 When tenant at will entitled to emblements.
- Section 35-9-3 Duration of tenancy when time for termination not specified - Generally.
- Section 35-9-30 Lien declared.
- Section 35-9-31 Maturity of rent and advances.
- Section 35-9-32 Continuation of lien and attachment to crop of succeeding year.
- Section 35-9-33 Assignment of claim for rent and advances.
- Section 35-9-34 When lien may be enforced by attachment.
- Section 35-9-35 Affidavit and bond.
- Section 35-9-36 Issuance and return of attachment; trial; property leviable.
- Section 35-9-37 Relation between party furnishing land and party furnishing labor.
- Section 35-9-38 Failure or refusal of tenant to plant crop.
- Section 35-9-39 Levy upon crop of subtenant.
- Section 35-9-4 Duration of tenancy when time for termination not specified - Hiring of lodgings for indefinite term.
- Section 35-9-40 Subrogation of subtenant to rights, liens and remedies of landlord.
- Section 35-9-41 Right of subtenant to require attachment against tenant in chief.
- Section 35-9-42 Applicability of division to tenant in chief and subtenant.
- Section 35-9-5 Notice to terminate tenancy for term less than one year.
- Section 35-9-6 Notice to quit for breach or default of terms of lease.
- Section 35-9-60 Lien declared.
- Section 35-9-61 When lien may be enforced by attachment.
- Section 35-9-62 Affidavit and bond.
- Section 35-9-63 Property leviable; priority of lien.
- Section 35-9-64 Law governing proceedings.
- Section 35-9-65 Lien, rights and remedies vested in assignee of claim for rent.
- Section 35-9-7 Service of demand or notice.
- Section 35-9-8 Notice unnecessary when tenancy is for certain period.
- Section 35-9-80 Demand for premises.
- Section 35-9-81 Issuance of writ or process.
- Section 35-9-82 Service of writ or process.
- Section 35-9-83 Removal to circuit court.
- Section 35-9-84 Arrest of proceedings.
- Section 35-9-85 Trial upon delivery of counter affidavit.
- Section 35-9-86 Judgment for landlord.
- Section 35-9-87 Appeals.
- Section 35-9-88 Fees.
- Section 35-9-9 Remedies extended to lessor's grantees, etc.
- Chapter 9A — UNIFORM RESIDENTIAL LANDLORD AND TENANT ACT.
- Section 35-9A-101 Short title.
- Section 35-9A-102 Purposes; rules of construction.
- Section 35-9A-103 Supplementary principles of law applicable.
- Section 35-9A-104 Construction against implicit repeal.
- Section 35-9A-105 Administration of remedies; enforcement.
- Section 35-9A-106 Settlement of disputed claim or right.
- Section 35-9A-107 Notice requirement.
- Section 35-9A-121 Territorial application.
- Section 35-9A-122 Exclusions from application of chapter.
- Section 35-9A-123 Jurisdiction and service of process.
- Section 35-9A-141 Definitions.
- Section 35-9A-142 Obligation of good faith.
- Section 35-9A-143 Unconscionability.
- Section 35-9A-144 Notice.
- Section 35-9A-161 Terms and conditions of rental agreement.
- Section 35-9A-162 Effect of unsigned or undelivered rental agreement.
- Section 35-9A-163 Prohibited provisions in rental agreements.
- Section 35-9A-164 Payment of rent prerequisite to enforcing remedies under this chapter.
- Section 35-9A-201 Security deposits; prepaid rent.
- Section 35-9A-202 Disclosure.
- Section 35-9A-203 Landlord to deliver possession of dwelling unit.
- Section 35-9A-204 Landlord to maintain premises.
- Section 35-9A-205 Limitation of liability.
- Section 35-9A-301 Tenant to maintain dwelling unit.
- Section 35-9A-302 Rules and regulations.
- Section 35-9A-303 Access.
- Section 35-9A-304 Tenant to use and occupy.
- Section 35-9A-401 Noncompliance by the landlord.
- Section 35-9A-402 Failure to deliver possession.
- Section 35-9A-403 Reserved.
- Section 35-9A-404 Wrongful failure to make available heat, water, hot water, or essential services.
- Section 35-9A-405 Counterclaims for action for possession or rent.
- Section 35-9A-406 Fire or casualty damage.
- Section 35-9A-407 Tenant's remedies for landlord's unlawful ouster, exclusion, or diminution of service.
- Section 35-9A-421 Noncompliance with rental agreement; failure to pay rent.
- Section 35-9A-422 Failure to maintain.
- Section 35-9A-423 Remedies for absence, nonuse, and abandonment.
- Section 35-9A-424 Waiver of landlord's right to terminate.
- Section 35-9A-425 Landlord liens; distraint for rent.
- Section 35-9A-426 Remedy after termination.
- Section 35-9A-427 Recovery of possession limited.
- Section 35-9A-441 Periodic tenancy; holdover remedies.
- Section 35-9A-442 Landlord and tenant remedies for abuse of access.
- Section 35-9A-461 Landlord's action for eviction, rent, monetary damages, or other relief.
- Section 35-9A-501 Retaliatory conduct prohibited.
- Section 35-9A-601 Effective date.
- Section 35-9A-602 Savings clause.
- Section 35-9A-603 Severability.
- Chapter 10 — MORTGAGES.
- Section 35-10-1 Power of sale constitutes part of security; by whom executed; effect of conveyance; index of foreclosure deeds.
- Section 35-10-10 Sections 35-10-7 through 35-10-9 not applicable to mortgages or deeds of trust executed before September 29, 1923.
- Section 35-10-11 Definitions.
- Section 35-10-12 Execution of foreclosure by power of sale; effect; indexing of deeds.
- Section 35-10-13 Notice of sale; minimum standards.
- Section 35-10-14 Place and time for conducting foreclosure by power of sale.
- Section 35-10-15 Successive sales under power permitted.
- Section 35-10-16 Law governing applicability.
- Section 35-10-2 Sale under power where instrument silent as to place or terms of sale.
- Section 35-10-20 When indebtedness presumed to have been paid.
- Section 35-10-21 When payment required to be entered in record.
- Section 35-10-22 Partial payments - When entered on margin of record.
- Section 35-10-23 Partial payments - Notices or demands to enter partial payments or satisfaction.
- Section 35-10-24 Partial payments - Entry by execution and delivery of separate instrument.
- Section 35-10-25 Executors and administrators authorized to execute releases, etc.
- Section 35-10-26 Title revested upon payment of debt.
- Section 35-10-27 Entry of full payment or satisfaction in record - Generally.
- Section 35-10-28 Entry of full payment or satisfaction in record - Satisfaction by one of several joint mortgagees, etc.
- Section 35-10-29 Entry of full payment or satisfaction in record - Vendor's or other lien reserved in conveyance.
- Section 35-10-3 Foreclosure when instrument contains no power of sale.
- Section 35-10-30 Penalty.
- Section 35-10-4 Sale of lands situated in two or more counties.
- Section 35-10-5 Foreclosure deed conveys legal title.
- Section 35-10-50 Definitions.
- Section 35-10-51 Effect of deed in lieu of foreclosure.
- Section 35-10-6 Additional satisfaction permitted under continuing power of sale.
- Section 35-10-7 Sale to be held in county where property situated.
- Section 35-10-70 Definitions.
- Section 35-10-71 Initiation of foreclosure proceedings against surviving spouse or estate of certain mortgagors.
- Section 35-10-8 How notice of sale given.
- Section 35-10-9 Sales contrary to article null and void.
- Chapter 10A — Asset-Backed Securities Facilitation Act.
- Chapter 11 — LIENS.
- Section 35-11-1 Statutory modes of enforcement not exclusive.
- Section 35-11-110 Lien declared.
- Section 35-11-111 Right to enforce lien by attachment.
- Section 35-11-112 Joinder of persons having liens on same property.
- Section 35-11-130 Lien declared.
- Section 35-11-131 Enforcement of lien.
- Section 35-11-150 Lien declared.
- Section 35-11-151 Enforcement of lien.
- Section 35-11-170 Lien declared.
- Section 35-11-171 Enforcement of lien.
- Section 35-11-190 Lien declared.
- Section 35-11-191 Enforcement of lien.
- Section 35-11-2 Rights of inferior lienors.
- Section 35-11-20 Lien declared.
- Section 35-11-21 Enforcement.
- Section 35-11-210 Lien declared.
- Section 35-11-211 Priority of lien.
- Section 35-11-212 Building or improvement on leased land.
- Section 35-11-213 Verified statement - Duty to file; contents; form.
- Section 35-11-214 Verified statement - How oath administered out of state.
- Section 35-11-215 Verified statement - Time for filing.
- Section 35-11-216 Verified statement - Indorsement by probate judge; recordation; fee.
- Section 35-11-217 Selection of land to be charged in certain cases.
- Section 35-11-218 Notice of lien claimed by persons other than original contractor.
- Section 35-11-219 List of materialmen, laborers and employees; effect of failure to pay materialmen, etc.
- Section 35-11-220 Jurisdiction of actions for enforcement of liens.
- Section 35-11-221 Limitation of actions.
- Section 35-11-222 How action commenced; pleadings, practice and proceedings.
- Section 35-11-223 Parties.
- Section 35-11-224 Issues; finding or verdict; judgment generally.
- Section 35-11-225 Judgment by default.
- Section 35-11-226 Enforcement of judgments.
- Section 35-11-227 Actions by employees, etc.; defense by contractor.
- Section 35-11-228 Liens stand on equal footing; exception; distribution of proceeds.
- Section 35-11-229 Actions by personal representatives.
- Section 35-11-230 Actions against personal representatives.
- Section 35-11-231 Acknowledgment of satisfaction.
- Section 35-11-232 "Owner or proprietor" defined.
- Section 35-11-233 Assignment of lien; transfer of lien on real property to other security.
- Section 35-11-234 Subrogation.
- Section 35-11-250 Lien declared.
- Section 35-11-251 Enforcement of lien.
- Section 35-11-270 Lien declared.
- Section 35-11-271 Priority of lien.
- Section 35-11-272 Limitations.
- Section 35-11-273 Enforcement of lien.
- Section 35-11-290 Lien declared.
- Section 35-11-291 Enforcement of lien.
- Section 35-11-3 Right to redeem; subrogation.
- Section 35-11-310 Lien declared.
- Section 35-11-311 Enforcement of lien.
- Section 35-11-330 Lien declared.
- Section 35-11-331 Enforcement of lien.
- Section 35-11-350 Lien declared.
- Section 35-11-351 Enforcement of lien.
- Section 35-11-370 Lien declared.
- Section 35-11-371 Perfection of lien.
- Section 35-11-372 Release or satisfaction.
- Section 35-11-373 Jurisdiction to determine matters connected with lien; appeals.
- Section 35-11-374 Division not applicable to moneys due under Workmen's Compensation Act.
- Section 35-11-375 Hospital not given independent right to determine liability for injuries.
- Section 35-11-390 Lien declared.
- Section 35-11-391 Enforcement of lien.
- Section 35-11-4 Order of resort to different things.
- Section 35-11-40 Filing of notice of lien (For repeal date - See Code commissioner's note).
- Section 35-11-41 Record of notices (For repeal date - See Code commissioner's note).
- Section 35-11-410 Lien declared.
- Section 35-11-411 Priority of lien.
- Section 35-11-412 Filing of verified statement; limitation of actions.
- Section 35-11-413 Jurisdiction; how action commenced.
- Section 35-11-414 Judgment.
- Section 35-11-415 Actions against personal representatives.
- Section 35-11-416 Acknowledgment of satisfaction.
- Section 35-11-417 Assignment of claims.
- Section 35-11-42 Short title.
- Section 35-11-43 Scope.
- Section 35-11-430 Lien declared.
- Section 35-11-431 Perfection and enforcement of lien.
- Section 35-11-44 Place of filing.
- Section 35-11-45 Execution of notices and certificates.
- Section 35-11-450 Definitions.
- Section 35-11-451 Brokers lien generally; recording notice; notice requirements; enforcement of lien.
- Section 35-11-452 Priority of lien.
- Section 35-11-453 Escrow accounts.
- Section 35-11-454 Release, etc., of lien.
- Section 35-11-46 Duties of filing officer.
- Section 35-11-47 Fees.
- Section 35-11-48 Uniformity of application and construction.
- Section 35-11-5 Affidavit and bond required before issue of attachment.
- Section 35-11-6 Limitations; trial of cases of attachment.
- Section 35-11-60 Lien declared.
- Section 35-11-70 Lien on stock for pasturage or training.
- Section 35-11-71 Lien on birds or animals for feeding, boarding or training.
- Section 35-11-72 Lien of landlord on stock raised on rented premises.
- Section 35-11-90 Lien declared in favor of railroad laborers and employees.
- Section 35-11-91 Lien declared in favor of agricultural laborers and superintendents.
- Section 35-11-92 Right to enforce liens by attachment.
- Section 35-11-93 When attachment by agricultural laborer or plantation superintendent attaches; additional affidavit.
- Section 35-11-94 Crop leviable only to extent necessary to satisfy demand and costs.
- Section 35-11-95 Property or proceeds subject to garnishment.
- Section 35-11-96 Satisfaction of claims for rent and advances.
- Section 35-11-97 Satisfaction of prior liens.
- Chapter 12 — LOST OR UNCLAIMED PROPERTY.
- Section 35-12-1 When finder becomes depositary.
- Section 35-12-2 Proof of ownership of claimant.
- Section 35-12-20 Short title.
- Section 35-12-21 Definitions.
- Section 35-12-22 Property held by banking or financial organizations or business associations.
- Section 35-12-23 Unclaimed funds held by insurance corporations.
- Section 35-12-24 Deposits and refunds held by utilities.
- Section 35-12-24.1 Exemptions.
- Section 35-12-25 Undistributed dividends and distributions of business associations.
- Section 35-12-26 Intangible property of business associations and banking or financial organizations held in course of dissolution.
- Section 35-12-27 Intangible property held by fiduciaries.
- Section 35-12-28 Property held by federal courts, officers, authorities or agencies.
- Section 35-12-29 Miscellaneous personal property not otherwise covered by article.
- Section 35-12-3 Compensation and reward for finder.
- Section 35-12-30 Reciprocity for property abandoned or escheated under laws of another state.
- Section 35-12-31 Report of abandoned property.
- Section 35-12-32 Notice to be published and mailed by Treasurer.
- Section 35-12-33 Payment or delivery of abandoned property - Generally.
- Section 35-12-34 Payment or delivery of abandoned property - Relief from liability; rights become obligations of state; reimbursement.
- Section 35-12-35 Payment or delivery of abandoned property - Owner not entitled to income or other increments accruing after payment or delivery.
- Section 35-12-36 Disposition of property by Treasurer.
- Section 35-12-37 Duties, etc., not affected by expiration of limitation period.
- Section 35-12-38 Sale of abandoned property or securities; presentation of matured bonds for payment; publication of notice.
- Section 35-12-39 Deposit of funds.
- Section 35-12-4 Placing thing found in storage.
- Section 35-12-40 Claims for property or proceeds of sale - Filing of claim.
- Section 35-12-41 Claims for property or proceeds of sale - Determination and payment by Treasurer.
- Section 35-12-42 Claims for property or proceeds of sale - Judicial review.
- Section 35-12-43 Examination of records by Treasurer.
- Section 35-12-44 Proceedings to compel delivery of abandoned property.
- Section 35-12-45 Penalties.
- Section 35-12-46 Confidentiality of information; rules and regulations of Treasurer; employees; special counsel.
- Section 35-12-47 Property presumed abandoned or escheated under laws of another state.
- Section 35-12-48 Construction of article.
- Section 35-12-5 Sale.
- Section 35-12-50 When intangible property presumed abandoned.
- Section 35-12-51 Reporting of voided State of Alabama issued warrants.
- Section 35-12-6 Disposition of unclaimed articles left for service.
- Section 35-12-70 Short title.
- Section 35-12-71 Definitions.
- Section 35-12-72 Presumption of abandonment.
- Section 35-12-73 Exemptions.
- Section 35-12-74 Rules for taking custody.
- Section 35-12-75 Dormancy charges.
- Section 35-12-76 Report of abandoned property.
- Section 35-12-77 Payment or delivery of abandoned property.
- Section 35-12-78 Notification of abandoned property.
- Section 35-12-79 Custody by state; recovery by holder; defense of holder.
- Section 35-12-80 Public sale of abandoned property.
- Section 35-12-81 Deposit of funds.
- Section 35-12-82 Claim of another state to recover property.
- Section 35-12-83 Filing and handling of claims.
- Section 35-12-84 Filing of a claim - intestate and small claims.
- Section 35-12-85 Action to establish a claim.
- Section 35-12-86 Election to take payment or delivery.
- Section 35-12-87 Disposition of property having no substantial commercial value.
- Section 35-12-88 Periods of limitation.
- Section 35-12-89 Requests for reports and examination of records.
- Section 35-12-90 Retention of records.
- Section 35-12-91 Interstate agreements.
- Section 35-12-92 Penalties and enforcement.
- Section 35-12-93 Agreement to locate property.
- Section 35-12-94 Confidentiality; staff.
- Section 35-12-95 Transitional provisions.
- Section 35-12-96 Uniformity of application and construction.
- Chapter 12A — Abandoned Manufactured Dwellings.
- Section 35-12A-1 Definitions.
- Section 35-12A-10 Conduct of public or private sales.
- Section 35-12A-11 Disposition of proceeds of sale.
- Section 35-12A-12 Liability under chapter.
- Section 35-12A-13 Rights and obligations of lienholders.
- Section 35-12A-14 Abandonment of dwelling by death of tenant.
- Section 35-12A-15 Applicability of chapter to non-tenant owner of dwelling.
- Section 35-12A-2 Disposal of manufactured dwelling.
- Section 35-12A-3 Notice to tenant.
- Section 35-12A-4 Notice to lienholders, county tax collector.
- Section 35-12A-5 Contents of notice.
- Section 35-12A-6 Storage of dwelling and personal property of tenant.
- Section 35-12A-7 Intent by tenant to remove dwelling from premises.
- Section 35-12A-8 Abandonment of dwelling.
- Section 35-12A-9 Sale or disposal of abandoned dwelling.
- Chapter 13 — SALVAGE.
- Section 35-13-1 Right to take up and secure property adrift.
- Section 35-13-10 Applicability of chapter to taker's personal representative.
- Section 35-13-2 Appraisement and description of property.
- Section 35-13-3 Notice.
- Section 35-13-4 Restoration of property upon proof by owner.
- Section 35-13-5 Compensation of taker.
- Section 35-13-6 Fees of appraisers.
- Section 35-13-7 Limitations.
- Section 35-13-8 Remedy of owner when taker refuses to deliver property.
- Section 35-13-9 Liability for concealment or destruction, etc.
- Chapter 14 — DAMAGES FOR DESTRUCTION, INJURY, OR REMOVAL OF TREES.
- Chapter 15 — DUTY OF CARE OWED PERSONS ON PREMISES FOR SPORTING OR RECREATIONAL PURPOSES.
- Section 35-15-1 No duty owed except as provided in section 35-15-3.
- Section 35-15-2 Effect of permission to use premises.
- Section 35-15-20 Legislative intent.
- Section 35-15-21 Definitions.
- Section 35-15-22 Inspection and warning not required.
- Section 35-15-23 Limitations on legal liability of owner.
- Section 35-15-24 Otherwise existing liability not limited.
- Section 35-15-25 Duty of care by persons using outdoor recreational land.
- Section 35-15-26 Provisions not applicable to commercial recreational enterprise.
- Section 35-15-27 Governmental immunity.
- Section 35-15-28 Owner must establish public use.
- Section 35-15-3 Otherwise existing liability not limited.
- Section 35-15-4 General duty of care or ground of liability not created.
- Section 35-15-5 Right to go on lands of another without permission not created.
- Chapter 16 — ANNUITY AND MORTALITY TABLES.
- Chapter 18 — CONSERVATION EASEMENT.
- Section 35-18-1 Definitions.
- Section 35-18-2 Easement conveyed, recorded, assigned, etc.; term of easement; interest maintained; condemnation.
- Section 35-18-3 Actions affecting a conservation easement.
- Section 35-18-4 Validity of easement.
- Section 35-18-5 Creation of instrument; other interests valid.
- Section 35-18-6 Relation to "Forever Wild Amendment."
- Chapter 19 — ALABAMA UNFORM ENVIRONMENTAL COVENANTS ACT.
- Section 35-19-1 Short title.
- Section 35-19-10 Amendment or termination of environmental covenant.
- Section 35-19-11 Administration and enforcement of chapter.
- Section 35-19-12 Registry of environmental covenants.
- Section 35-19-13 Regulations; fees.
- Section 35-19-14 Construction with federal law.
- Section 35-19-2 Definitions.
- Section 35-19-3 Requirements for environmental covenants.
- Section 35-19-4 Interest holders; rights of holders and agencies; priority.
- Section 35-19-5 Validity and enforceability of environmental covenants.
- Section 35-19-6 Relation to zoning and other laws regulating use.
- Section 35-19-7 To whom copies must be provided.
- Section 35-19-8 Recording of environmental covenants.
- Section 35-19-9 Duration of environmental covenants.