Ala. Code § 35-4-31 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-31
Section 35-4-31 Livery of Seisin Unnecessary
Status: in_force

Livery of seisin is not necessary in any conveyance of lands, and the property and possession of the grantor pass as fully by his conveyance as if seisin had been formally delivered.
Ala. Code § 35-6-45 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-45
Section 35-6-45 Decree for Partition; Appointment of Commissioners; Minors’ Interests Considered
Status: in_force

If, upon the hearing, the court is satisfied from the proof that the property described in the application is held and owned jointly, or in common, it must decree the same to be divided or partitioned among the joint owners or tenants in common, according to their respective interests therein; and to effect such division or partition, it must appoint suitable commissioners, not more than five, any three of whom may act; but if the application is for the partition of lands, and any of the parties interested are minors, the court, before granting the application, must be satisfied by evidence taken as in actions before the circuit court that it is to the interest of such minors that the partition be made.
Ala. Code § 35-12-44 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-44
Section 35-12-44 Proceedings to Compel Delivery of Abandoned Property
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-6-117 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-117
Section 35-6-117 Appointment and Duties of Commissioners Generally; Oath; Return; Seizure of Crops
Status: in_force

If a division of the crops is decreed, the judge of probate must forthwith issue a writ, directed to the sheriff, and commanding him to summon three disinterested and intelligent householders of the county, not related to either of the parties, to make such division, who shall divide the crops among the parties according to the decree, a copy of which must accompany the writ, and shall, within 10 days after their appointment, make due return of the division made by them in writing and under oath, which oath must be taken before the judge of probate, and must set forth that they made the division fairly and impartially, to the best of their knowledge and ability; and for the purpose of such division the sheriff, if not in possession, and no forthcoming bond has been given, must seize the crops to be divided, if in the possession of any of the parties to the proceedings.
Ala. Code § 35-4-123 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-123
Section 35-4-123 Recording of Documents
Status: in_force

(a) In this section, “paper document” means a document that is received by the judge of probate in a form that is not electronic.

(b) A judge of probate:

(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the Electronic Recording Commission.

(2) May receive, index, store, archive, and transmit electronic documents.

(3) May provide for access to, and for search and retrieval of, documents and information by electronic means.

(4) Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.

(5) May convert paper documents accepted for recording into electronic form.

(6) May convert into electronic form information recorded before the judge of probate began to record electronic documents.

(7) May accept electronically any fee or tax that the judge of probate is authorized to collect.

(8) May agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes as provided for in the standards to implement this division.
Ala. Code § 35-2-58 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-58
Section 35-2-58 Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Jurisdiction; Parties
Status: in_force

The circuit courts of this state shall have jurisdiction and power to vacate and annul any map, plat, or survey of lands, or any streets, alleys, avenues, or roads, whether designated by any such maps, plats, or surveys or not, upon the filing of a civil action by any person or persons owning any of the lots, parcels, or tracts of land abutting such roads, streets, or alleys sought to be vacated or annulled. Unless the owners of all the lots or parcels of land so abutting upon the roads, streets, or alleys sought to be vacated join as plaintiffs, the owners and claimants of such other lots or parcels of land abutting upon the roads, streets, or alleys sought to be vacated shall be made parties defendant; and the municipality, town, or city, if the land is located within any municipality, town, or city, shall also be made a party defendant; and, if not located in such municipality, city, or town, the county in which such lands are located shall be made a party defendant.
Ala. Code § 35-9A-423 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-423
Section 35-9A-423 Remedies for Absence, Nonuse, and Abandonment
Status: in_force

(a) If a rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 14 days pursuant to Section 35-9A-304 and the tenant willfully fails to do so, the landlord may recover actual damages from the tenant.

(b) During any absence of a tenant in excess of 14 days, the landlord may enter the dwelling unit at times reasonably necessary.

(c) If a tenant abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. But such duty shall not take priority over the landlord’s right to first rent other vacant units. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates as of the date of the new tenancy. If the tenancy is from month-to-month or week-to-week, the term of the rental agreement for this purpose is deemed to be a month or a week, as the case may be.

(d) If a tenant leaves property in the unit more than 14 days after termination pursuant to this chapter, the landlord has no duty to store or protect the tenant’s property in the unit and may dispose of it without obligation.

(e) In addition to any other means by which a landlord determines that a property has been abandoned by the tenant, a property shall be considered abandoned if the electric service to the property has been terminated for seven consecutive days.
Ala. Code § 35-1-3 — Alabama Code / Title 35 / Chapter 1 / Section 35-1-3
Section 35-1-3 Disposition of Unsolicited Goods Delivered by Mail or Common Carrier
Status: in_force

Unless otherwise agreed, where unsolicited goods are delivered by mail or common carrier to a person, he has a right to refuse to accept delivery of the goods and is not bound to return such goods to the sender. If such unsolicited goods are addressed to or intended for the recipient, they shall be deemed a gift to the recipient, who may use them or dispose of them in any manner without any obligation to the sender.
Ala. Code § 35-4-151 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-151
Section 35-4-151 Error in Any Description Sufficient to Maintain Civil Action
Status: in_force

In order to authorize a person claiming title under the grantee in a deed, mortgage, or other conveyance containing an erroneous description to maintain a civil action for the reformation of the same, it shall not be necessary that there shall be any error in description in all the conveyances constituting the chain of title from the grantor in the conveyance containing the erroneous description to the complainant; but, if it shall reasonably appear that it was the purpose or intention of each grantor to convey the land which was intended to be conveyed in said deed, mortgage or other conveyance containing the erroneous description, the complainant shall be entitled to a reformation of such deed, mortgage, or other conveyance.
Ala. Code § 35-8-2 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-2
Section 35-8-2 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:

(1) ASSOCIATION. The entity responsible for the administration and management of the condominium property.

(2) COMMON ELEMENTS. A part or parts of the condominium property as set forth in the declaration in which all of the unit owners have an undivided interest.

(3) COMMON EXPENSES. The expenses arising out of ownership of common elements for which the unit owners are liable to the association in accordance with the declaration and bylaws.

(4) COMMON SURPLUS. The excess of all receipts of the association arising out of ownership of common elements over the amount of common expenses.

(5) CONDOMINIUM. The form of ownership of real or personal property or a combination thereof under a declaration providing for ownership of units of the property by one or more owners. Such units may consist of private elements together with an undivided interest in common and limited common elements.

(6) CONDOMINIUM PROPERTY. The property covered by the declaration and all easements, rights, and interests belonging thereto or intended for the benefit thereof. Where such property is real property there is no requirement that it be contiguous.

(7) DECLARATION. The declaration as described in Section 35-8-7, as such declaration may be amended from time to time.

(8) LIMITED COMMON ELEMENTS. A part or parts of the condominium property as set forth in the declaration in which more than one but not all unit owners have an undivided interest.

(9) LIMITED COMMON EXPENSES. The expenses arising out of ownership of limited common elements for which the unit owners are liable to the association in accordance with the declaration and bylaws.

(10) LIMITED COMMON SURPLUS. The excess of all receipts of the association arising out of ownership of limited common elements over the amount of limited common expenses.

(11) PERSON. Any individual, corporation, partnership, association, trustee, fiduciary, or other legal entity.

(12) PRIVATE ELEMENTS. A part or parts of the condominium property as set forth in the declaration and intended for exclusive ownership or possession by a unit owner.

(13) UNIT. The private elements of the condominium property together with the undivided interest in the common elements and limited common elements which are assigned thereto in the declaration or any amendment thereof.
Ala. Code § 35-11-3 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-3
Section 35-11-3 Right to Redeem; Subrogation
Status: in_force

Every person, having an interest in property subject to a lien, has a right to discharge the lien at any time after the claim is due, and before his right of redemption is foreclosed, and, by such redemption, becomes subrogated to all the benefits of the lien, as against all owners of other interests in the property, except insofar as he was bound to make such redemption for their benefit.
Ala. Code § 35-8A-205 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-205
Section 35-8A-205 Contents of Declaration
Status: reserved

(a) The declaration for a condominium must contain:

(1) The name of the condominium, which must include the word “condominium” or be followed by the words “a condominium,” and the name of the association;

(2) The name of every county in which any part of the condominium is situated;

(3) A legally sufficient description of the real estate included in the condominium;

(4) A statement of the maximum number of units which the declarant reserves the right to create;

(5) A description of the boundaries of each unit created by the declaration, including the unit’s identifying number;

(6) A description of any limited common elements, other than those specified in Section 35-8A-202(2) and (4), as provided in Section 35-8A-209(b)(10);

(7) A description of any common elements (except real estate subject to development rights) which may be allocated subsequently as limited common elements, other than limited common elements specified in Section 35-8A-202(2) and (4), together with a statement that they may be so allocated;

(8) A description of any development rights specified in Section 35-8A-103(11) and other special declarant rights specified in Section 35-8A-103(24) reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights must be exercised;

(9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect together with (i) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards, and (ii) a statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right must be exercised in all or in any other portion of the remainder of that real estate;

(10) Any other conditions or limitations under which the rights described in subdivision (8) may be exercised or will lapse;

(11) An allocation to each unit of the allocated interests in the manner described in Section 35-8A-207;

(12) Any restrictions on (i) use, occupancy, leasing, or alienation of the units, provided that reasonable rules and regulations related to conduct by unit owners or aesthetic considerations which are adopted by the association from time to time need not be included in the declaration, and (ii) the amount for which a unit may be sold or the amount that may be received by a unit owner on sale, condemnation, casualty loss to the unit or to the condominium, or on the termination of the condominium;

(13) The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration;

(14) A statement of the number and identity of units which the declarant reserves the right to dispose of in time shares; and

(15) All matters required by Sections 35-8A-206 through 35-8A-209, 35-8A-215, 35-8A-216, and 35-8A-303(d).

(b) The declaration may contain any other matters the declarant deems appropriate.
Ala. Code § 35-4-67 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-67
Section 35-4-67 Proof of Conveyances Executed in Name of Corporation
Status: in_force

(a) Any deed, mortgage or other conveyance of property which purports on its face to have been executed in the name of any corporation by any person as its president, vice-president, or secretary, or by any one or more of said persons, shall, when attested by one or more witnesses or acknowledged by such person or persons before any officer authorized by the laws of this state to take and certify acknowledgments, be prima facie evidence that such conveyance was executed in the name of said corporation by such person or persons as such officer or officers and that said person or persons were such officer or officers of said corporation and duly authorized by said corporation to execute said conveyance in its name.

(b) All conveyances of real property, or any interest therein, whether absolute or on condition, which have been executed and acknowledged as provided by subsection (a) of this section, or attested and proved as conveyances of real property by individuals are proved, shall, when recorded, be received in evidence in any court of this state without further proof.

(c) If it appears to the court that the original conveyance has been lost or destroyed or that the party offering a transcript has not the custody or control thereof, the court must receive the transcript, duly certified, in place of the original unless said corporation is in bona fide possession of the property and one of its officers makes affidavit that said conveyance is a forgery.
Ala. Code § 35-12-50 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-50
Section 35-12-50 When Intangible Property Presumed Abandoned
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-4-69 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-69
Section 35-4-69 Affidavits - Record as Notice of Facts Recited; by Whom Made
Status: in_force

Affidavits heretofore recorded or that may hereafter be recorded showing the relationship of parties or other persons to conveyances of lands, the relationship of any parties to any conveyances with other parties whose names are shown in the chain of title to lands, whether or not any person or persons connected with the chain of title were married at the time of the execution of any conveyances, the ages of any person or persons connected with the chain of title, whether the lands embraced in any conveyance constituted a part of the homestead of any grantor, whether the lands embraced in any conveyance have been in the actual possession of any parties connected with the chain of title to either the surface or mineral rights of lands, or any other persons; and affidavits relating to the identity of parties whose names may be shown differently in chains of title; and affidavits showing the ownership and adverse possession of lands, that other persons have not owned such lands nor been in possession of same, that there is no outstanding dower interest in said lands; and affidavits stating any other fact or circumstance affecting title to land or any right, title, interest in, or lien or encumbrance upon land, when so recorded, the record of said affidavits shall be notice of the facts therein recited; and any such affidavit may be made by any person whether connected with the chain of title or not.

This section shall apply to affidavits heretofore or hereafter made whether the same were made in connection with any particular transaction or merely to perfect title to land.
Ala. Code § 35-6A-1 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-1
Section 35-6A-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Uniform Partition of Heirs Property Act.
Ala. Code § 35-13-6 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-6
Section 35-13-6 Fees of Appraisers
Status: in_force

The appraisers, other than the district court, are entitled to $2.00 each, to be paid by the taker.
Ala. Code § 35-7-6 — Alabama Code / Title 35 / Chapter 7 / Section 35-7-6
Section 35-7-6 Oath of Viewers
Status: in_force

The fence-viewers, before proceeding to act, must take an oath, which may be administered by one to the other, to discharge their duties fairly and impartially.
Ala. Code § 35-8-13 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-13
Section 35-8-13 Common Expenses and Limited Common Expenses
Status: in_force

The common expenses and limited common expenses shall be charged to unit owners in such amount that the charge corresponds approximately to their respective undivided interests in the common elements and limited common elements as set forth or determined by the declaration and amendments thereto. The amount of such expenses charged to each unit shall be a lien against such unit subject to the provisions of Section 35-8-17. A unit owner shall, by acceptance of title, be conclusively presumed to have agreed to pay his proportionate share of such expenses accruing while he is the owner of a unit. However, the liability of a unit owner for such expenses shall be limited to amounts duly assessed in accordance with this chapter, the declaration, and bylaws. No unit owner may exempt himself from liability for his share of such expenses arising out of common elements and limited common elements in which he has an interest by waiver of the enjoyment of the right to use any of the common elements, or limited common elements or by abandonment of his unit or otherwise. Such expenses charged to any unit shall bear interest from the due date set by the association. The interest rate, not to exceed the legal interest rate, may be established by the association or, if no rate is so established, it shall be the legal rate.
Ala. Code § 35-8A-216 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-216
Section 35-8A-216 Easement Rights
Status: reserved

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant’s obligations or exercising special declarant rights, whether arising under this chapter or reserved in the declaration.
Ala. Code § 35-8-4 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-4
Section 35-8-4 Units to Constitute Real Property
Status: in_force

Each unit shall be deemed real property, the ownership of which may be in fee simple or any other estate in real property recognized by law in this state, including a lease or sublease.
Ala. Code § 35-4-431 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-431
Section 35-4-431 Definitions
Status: in_force

(a) As used in this article, the following words have the following meanings:

(1) ASSOCIATION. An association or unit owners’ association, as defined in Section 35-8A-103 of the Alabama Uniform Condominium Act of 1991; an association as defined in Section 35-8-2 of the Condominium Ownership Act; or a nonprofit or cooperative membership organization composed exclusively of owners of mobile homes, manufactured housing, time-shares, camping resort interests, or other interests in real property that is responsible for the maintenance, improvements, services, or expenses related to real property that is owned, used, or enjoyed in common by the members.

(2) PAYEE. The person or entity who claims the right to receive or collect a private transfer fee payable under a private transfer obligation. A payee may or may not have a pecuniary interest in the private transfer fee obligation.

(3) PRIVATE TRANSFER FEE. A fee or charge payable upon the transfer of an interest in real property, or payable for the right to make or accept such transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. The following are not private transfer fees for purposes of this article:

a. Any consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property, if such additional consideration is payable on a one-time basis only and the obligation to make such payment does not bind successors in title to the property. For the purposes of this paragraph, an interest in real property may include a separate mineral estate and its appurtenant surface access rights.

b. Any commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including, but not limited to, any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property.

c. Any interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including, but not limited to, any fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, any fees or charges payable to the lender for estoppel letters or certificates, and any shared appreciation interest or profit participation or other consideration and payable to the lender in connection with the loan.

d. Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including, but not limited to, any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease.

e. Any consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the real property to another person.

f. Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority.

g. Any fee, charge, assessment, dues, fine, contribution, or other amount payable to a homeowners’, condominium, cooperative, mobile home, or property owners’ association pursuant to a declaration or covenant or law applicable to such association, including, but not limited to, fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent.

h. Any fee, charge, assessment, dues, fine, contribution, or other amount imposed by a declaration or covenant encumbering real property, and payable solely to a nonprofit or charitable organization for the purpose of supporting cultural, educational, charitable, recreational, environmental, conservation, or other similar activities benefitting the real property subject to the declaration or covenant or the community in which such real property is located.

i. Any fee, charge, assessment, dues, fine, contribution, or other amount pertaining solely to the purchase or transfer of a club membership relating to real property owned by the member, including, but not limited to, any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property.

(4) PRIVATE TRANSFER FEE OBLIGATION. An obligation arising under a declaration or covenant recorded against the title to real property, or under any other contractual agreement or promise, whether or not recorded, that requires or purports to require the payment of a private transfer fee upon a subsequent transfer of an interest in the real property.

(5) TRANSFER. The sale, gift, conveyance, assignment, inheritance, or other transfer of an ownership interest in real property located in this state.
Ala. Code § 35-12A-15 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-15
Section 35-12A-15 Applicability of Chapter to Non-tenant Owner of Dwelling
Status: in_force

In the case of an abandoned manufactured dwelling that is owned by someone other than the tenant, the provisions of this chapter regarding the rights and responsibilities of a tenant to the abandoned manufactured dwelling shall also apply to that owner, with regard only to the manufactured dwelling and not to any goods left inside or outside the manufactured dwelling.
Ala. Code § 35-10-90 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-90
Section 35-10-90 Short Title; Application; Definitions
Status: in_force

(a) This article shall be known as the Alabama Residential Mortgage Satisfaction Act. This article applies only to mortgages securing residential real property located in this state which is used primarily for personal, family, or household purposes and is improved by one to four dwelling units. Without limitation, this article does not apply to mortgages on commercial or other types of property. This article also does not apply to a security interest exclusively in one or more fixtures as defined in Title 7, Article 9A.

(b) For purposes of this article, the following terms shall have the following meanings:

(1) ENTITLED PERSON. The person or persons liable for payment or performance of the obligation secured by the real property described in a security instrument.

(2) EQUITY LINE SECURITY INSTRUMENT. A security instrument securing, in whole or in part, indebtedness created under a line of credit, a revolving or open-end credit agreement, or a credit agreement that provides for future advances. The credit agreement may be referred to in this article as an “equity line” or an “equity line of credit.”

(3) RESIDENTIAL REAL PROPERTY or REAL PROPERTY. Real property located in this state which is used primarily for personal, family, or household purposes and is improved by one to four dwelling units.

(4) SECURED CREDITOR. At any particular time, the person that currently holds or is the beneficiary of a security interest or that is authorized both to receive payments on behalf of a person that currently holds a security interest and to record a satisfaction of the security instrument upon receiving full performance of the secured obligation. The term does not include a trustee under a security instrument.

(5) SECURITY INSTRUMENT. A mortgage or other agreement that creates or provides for an interest in residential real property to secure payment or performance of an obligation.

(6) SECURITY INTEREST. An interest in residential real property created by a security instrument. For purposes of this article, a security interest exclusively in one or more fixtures, as defined in Title 7, Article 9A, does not constitute an interest in residential real property.

(7) SUBMIT FOR RECORDING. To deliver, with required fees and taxes, a document, sufficient to be recorded, to the judge of probate of the county in which the property is located. For purposes of this article, without limitation, mailing, delivering, or sending by overnight or other delivery service a satisfaction of mortgage or other document to be submitted for recording to the address of the office for recording satisfactions of mortgages or other documents, as applicable, is sufficient to constitute submission for recording.

(8) TITLE INSURANCE COMPANY. An organization authorized to conduct the business of insuring titles to real property in this state and licensed by the Department of Insurance as defined in subdivision (9) of Section 27-25-3.
Ala. Code § 35-11-71 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-71
Section 35-11-71 Lien on Birds or Animals for Feeding, Boarding or Training
Status: in_force

The owner, keeper, or proprietor of any premises kept for grazing, feeding, boarding, training, or confining birds or animals for another shall have a lien on all such birds or animals so kept, fed, boarded, or trained, located or confined for the payment of his charges, and shall have the right to retain the same and enforce his lien in the manner prescribed by section 35-11-70 for enforcement of liens on stock.
Ala. Code § 35-12-27 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-27
Section 35-12-27 Intangible Property Held by Fiduciaries
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-11-228 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-228
Section 35-11-228 Liens Stand on Equal Footing; Exception; Distribution of Proceeds
Status: in_force

All liens arising under this division, except in favor of the original contractor, shall stand on an equal footing, and be first paid out of the proceeds of the sale of the property, or money collected from the owner or proprietor; and if such proceeds and money are insufficient to satisfy such liens in full, the same shall be distributed pro rata among the holders thereof; but no person shall be entitled to participate in such distribution until he has obtained judgment establishing his lien.
Ala. Code § 35-12-75 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-75
Section 35-12-75 Dormancy Charges
Status: in_force

(a) Any person engaged primarily in the business of selling tangible personal property at retail, by contract with the customer may, charge, and deduct from the property otherwise subject to this article, a reasonable administrative and restocking fee of not more than twenty-five dollars ($25) with respect to items purchased under a layaway or similar agreement the terms of which are not fulfilled by the customer and the items are returned to inventory.

(b) A holder may deduct from property presumed abandoned a charge imposed by reason of the apparent owner’s failure to claim the property within a specified time only if there is a valid and enforceable written contract between the holder and the apparent owner under which the holder may impose the charge and the holder regularly imposes the charge. The amount of the deduction is limited to an amount that is not unconscionable.
Ala. Code § 35-12-25 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-25
Section 35-12-25 Undistributed Dividends and Distributions of Business Associations
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-12-88 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-88
Section 35-12-88 Periods of Limitation
Status: in_force

(a) The expiration, before or after May 12, 2004, of a period of limitation on the owner’s right to receive or recover property, whether specified by contract, statute, or court order, does not preclude the property from being presumed abandoned or affect a duty to file a report or to pay or deliver or transfer property to the Treasurer as required by this article.

(b) An action or proceeding may not be maintained by the Treasurer to enforce this article in regard to the reporting, delivery, or payment of property more than 10 years after the holder specifically identified the property in a report filed with the Treasurer or gave express notice to the Treasurer of a dispute regarding the property. In the absence of such a report or other express notice, the period of limitation is tolled. The period of limitation is also tolled by the filing of a report that is fraudulent.
Ala. Code § 35-8A-312 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-312
Section 35-8A-312 Conveyance or Encumbrance of Common Elements
Status: in_force

(a) In a condominium portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least 80 percent of the votes in the association, including 80 percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; but all the owners of units to which any limited common element is allocated must agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale or loan are an asset of the association.

(b) An agreement to convey common elements in a condominium or subject them to a security interest must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.

(c) The association, on behalf of the unit owners, may contract to convey an interest in a condominium pursuant to subsection (a), but the contract is not enforceable against the association until approved pursuant to subsections (a) and (b). Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.

(d) Any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of common elements, unless made pursuant to this section, is void.

(e) A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support.

(f) Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect the priority or validity of pre-existing encumbrances.
Ala. Code § 35-4-122 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-122
Section 35-4-122 Validity of Electronic Documents
Status: in_force

(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this act.

(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.

(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
Ala. Code § 35-11-150 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-150
Section 35-11-150 Lien Declared
Status: in_force

Every jeweler, watchmaker, and silversmith who shall alter, repair, or do any work on any article of personal property at the request of the owner or legal possessor of said property shall have a lien upon and may retain possession of any such article until the charges for such altering, repairing, or work has been paid.
Ala. Code § 35-9-9 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-9
Section 35-9-9 Remedies Extended to Lessor’s Grantees, Etc
Status: in_force

The grantees of any demised lands, tenements, rents or other hereditaments, or of the reversion thereof, the assignees of the lessor of any demise, and the heirs and personal representatives of the lessor, grantee or assignee, shall have the same remedies by entry, action or otherwise, for the nonperformance of any agreement in the lease, or for the recovery of any rent, or for the doing of any waste or other cause of forfeiture, as their grantor or lessor might have had if such reversion had remained in such lessor or grantor.
Ala. Code § 35-8A-217 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-217
Section 35-8A-217 Amendment of Declaration
Status: in_force

(a) Except in cases of amendments that may be executed by a declarant under Section 35-8A-209(f) or 35-8A-210; the association under Section 35-8A-107, 35-8A-206(d), 35-8A-208(c), 35-8A-212(a), or 35-8A-213; or by certain unit owners under Section 35-8A-208(b), 35-8A-212(a), 35-8A-213(b), or 35-8A-218(b), and except as limited by subsection (d), the declaration, including the plats and plans, may be amended only by the affirmative vote or agreement of unit owners of units to which at least two-thirds of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to non-residential use.

(b) No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.

(c) Every amendment to the declaration must be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. An amendment shall be indexed in the grantee’s index in the name of the condominium and the association and in the grantor’s index in the name of the parties executing the amendment.

(d) Except to the extent expressly permitted or required by other provisions of this chapter, no amendment in the absence of unanimous consent of the unit owners may: Create or increase special declarant rights, create or increase the number or identity of units that may be disposed of on a time share basis, increase the number of units; change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted.

(e) Amendments to the declaration required by this chapter to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.

(f) Where a specific right is given a lender, pursuant to Section 35-8A-219 no amendment affecting those rights may be made without the consent of the lender or specified number or percentage thereof as required by the declaration.
Ala. Code § 35-9A-203 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-203
Section 35-9A-203 Landlord to Deliver Possession of Dwelling Unit
Status: in_force

At the commencement of the term, a landlord shall deliver possession of the premises to the tenant in compliance with the rental agreement and Section 35-9A-204. The landlord may bring an action for possession against any person wrongfully in possession and may recover the damages provided in Section 35-9A-441(c).
Ala. Code § 35-8-3 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-3
Section 35-8-3 Applicability of Chapter
Status: in_force

This chapter shall be applicable only to property, the sole owner or all of the owners of which execute and record a declaration as provided in Section 35-8-7.
Ala. Code § 35-6A-13 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-13
Section 35-6A-13 Construction with Other Laws
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the uniform act.
Ala. Code § 35-6-110 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-110
Section 35-6-110 Crops Subject to Partition; by Whom Application Made
Status: in_force

Matured crops of corn, cotton, or other produce, raised and made by persons in such manner as to make them joint owners or tenants in common therein, whether gathered or ungathered, may be divided among them, on the written application of any one or more of them to the probate court of the county in which such crops, or any portion thereof, are situated; and such application may be made by the administrator or executor of a deceased person, or by the guardian of a minor or person of unsound mind interested in such crops.
Ala. Code § 35-8-18 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-18
Section 35-8-18 Blanket Mortgage on Condominium Property
Status: in_force

Notwithstanding any other provision of this chapter, if the declaration or bylaws so permit, the entire condominium property or some or all of the units included therein may be subject to a single or blanket mortgage constituting a first lien thereon created by recordable instrument by all of the owners of the property or units covered thereby; and any unit included under the lien of such mortgage may be sold or otherwise conveyed or transferred subject thereto. The instrument creating any such mortgage shall provide a method whereby any unit owner may obtain a release of his unit from the lien of such mortgage and a satisfaction and discharge in recordable form upon payment to the holder of the mortgage of a sum equal to the proportionate share attributable to his unit of the then outstanding balance of unpaid principal and accrued interest and any other charges then due and unpaid. Such proportionate share attributable to each unit shall be the proportion in which all unit owners whose units are then subject to the lien of the mortgage own among themselves the common elements and limited common elements as provided in the declaration, and the private elements, or such other reasonable proportion as shall be specifically provided in the mortgage instrument. Such mortgage may contain provisions for converting such mortgage to individual mortgages on the individual units included therein. In the event of such conversion, the mortgage on the individual units shall be entitled to recordation without the payment of the mortgage tax provided for by Section 40-22-2.
Ala. Code § 35-4-27 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-27
Section 35-4-27 Acknowledgment - Proof of Official Seal
Status: in_force

All deeds, powers of attorney and other instruments of conveyance, affidavits or contracts purporting to be acknowledged, proved or verified as prescribed by law, and which have been recorded or may hereafter be recorded in the office of the judge of probate of the proper county in this state, and transcripts thereof from such record shall be prima facie evidence that the seal of such officer acknowledging or attesting such instrument was his official seal and that it was affixed by him in his official capacity; and all such instruments and certified copies thereof shall have the same force and effect and shall be received in evidence in any court in this state without further proof of the due execution of such instrument or proof of the seal of any officer so certifying or attesting and that the same was affixed by him as his official seal, in his official capacity, whether he be an officer of this state or of any other state, territory or district of the United States.
Ala. Code § 35-4-30 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-30
Section 35-4-30 Form of Probate of Conveyance
Status: in_force

The form of a probate of a conveyance or other instrument is as follows: The State of ________} ____________ County} I, (name and style of the officer), hereby certify that ______, a subscribing witness to the foregoing conveyance, known to me, appeared before me on this day, and being sworn, stated that _______, the grantor, voluntarily executed the same in his presence, and in the presence of the other subscribing witness, on the day the same bears date; that he attested the same in the presence of the grantor, and of the other witness, and that such other witness subscribed his name as a witness in his presence. Given under my hand, this ______ day of _____, A. D._____. A. B. Judge, etc. (or as the case may be).
Ala. Code § 35-10-24 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-24
Section 35-10-24 Partial Payments - Entry by Execution and Delivery of Separate Instrument
Status: in_force

(a) Any person required by the provisions of this article, and more particularly Sections 35-10-21 through 35-10-24 thereof, to make any entry of partial payment on the margin of the record may fully discharge his obligation to make such entry by executing a separate instrument which properly identifies such mortgage, deed of trust, or other encumbrance, and which clearly states the information required otherwise to be entered on the record or margin thereof, and by delivering such instrument or depositing the same in the United States mail properly stamped and addressed, to the person who requests such entry, but the person requested to make such entry shall not be required to file such separate instrument for record; provided, that such separate instrument so to be furnished shall be so prepared and acknowledged that the same shall be admitted to record in the office of the judge of probate where such mortgage, deed of trust, or other encumbrance is recorded.

(b) The execution and delivery, as provided in this section, of the separate instrument setting forth the date and amount of credit or partial payment shall be conclusively deemed to be a full compliance with any requirement of the provisions of said sections 35-10-21 through 35-10-24 for entry of partial payments on any record in any probate office of this state.
Ala. Code § 35-8B-4 — Alabama Code / Title 35 / Chapter 8B / Section 35-8B-4
Section 35-8B-4 State Laws and Regulations Relating to Alcoholic Beverages Applicable to District
Status: in_force

All laws and regulations of the state relating to the sale, taxing, and regulation of alcoholic beverages shall apply to a community development district, except when in conflict with the special provisions of this chapter.
Ala. Code § 35-4-257 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-257
Section 35-4-257 Recording as Notice of Trust
Status: in_force

When a trust is created or declared by any such instrument in writing, the recording thereof in the county where the lands lie is equivalent to actual notice to every person claiming under a conveyance made or lien created after such recording.
Ala. Code § 35-20-13 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-13
Section 35-20-13 Records
Status: in_force

(a) A homeowners’ association subject to this chapter shall maintain records and information to be made available to each member or potential purchaser, upon written request, within a reasonable time not to exceed 30 days from the date of the request, and upon the payment of reasonable associated costs. Any homeowners’ association may provide the records and information in paper or electronic form or direct the member or potential purchaser to the location of any public record containing the records or information.

(b) Upon written request by a member or potential purchaser and upon payment of reasonable costs, the homeowners’ association, as specified in subsection (a), shall provide or direct the member or potential purchaser to the location of the public record containing the following:

(1) Documents reflecting the most recent assessments, any pending homeowners’ association assessments approved by the board but not yet in effect, or any mandatory dues and charges with the amounts, including dates due and payable.

(2) Common areas owned by the association and those common areas not owned by the association but which HOA dues go to pay.

(3) A copy of the current operating budget and reserve funds, if any, and a statement of financial condition for the last fiscal year.

(4) Documents evidencing any insurance coverage provided for all lot owners by the association, including any fidelity bond.

(5) Documents evidencing any loans against the association and any collateral provided by the association for the loans.

(6) The official name of the association with current contact information of the current officers and agent, if any.

(7) A copy of the current covenants, conditions, and restrictions adopted by the association along with any amendments, modifications, restatement, or supplement and current architectural control regulations.

(8) Any association initiation or transfer fees which may be due at the time of the real estate closing.

(9) A list of all existing common areas.

(10) The case number or other identifying information of any pending lawsuits, judgments, liens, arbitration, or any other dispute resolution process to which the association is a party and contained in a public record.
Ala. Code § 35-6-1 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-1
Section 35-6-1 Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court
Status: in_force

(a) When a sale of premises is made, and no person appears to claim such portion of the money as may belong to any nonresident or person whose name is unknown, the court shall require such money to be deposited in the county treasury, subject to the further order of the court. All money so required to be deposited shall be received by the county treasurer and paid upon the order of the court.

(b) When money is deposited in the county treasury under the provisions of this chapter, the person or persons entitled to the same may, at any time, apply to the court making the order of sale, and obtain an order for the same upon making satisfactory proof to the court of his or her right thereto.
Ala. Code § 35-9A-101 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-101
Section 35-9A-101 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Uniform Residential Landlord and Tenant Act.”
Ala. Code § 35-6-46 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-46
Section 35-6-46 Oath of Commissioners; Duties Generally
Status: in_force

The commissioners must be sworn faithfully to execute the trust reposed in them, and to make the division or partition fairly and impartially, if the same can be made; and the division or partition shall be conducted in all respects, as nearly as may be, consistently with the provisions of this article, as is done when property in the hands of an executor or administrator is to be distributed or divided; and in case of application for partition of lands, the commissioner must, after examining the lands, and a survey thereof, if necessary, proceed without delay to make division thereof into the necessary number of shares, having regard to the quality of the soil, and other advantages, so as to make the different shares as nearly equal in value as practicable; and they must make a plat and map thereof, showing the subdivisions of the lots, and numbering them progressively; and subdivisions and boundaries of the lots, and numbering them progressively; and they are authorized to employ a surveyor and chain bearers and other attendants, if necessary.
Ala. Code § 35-10-70 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-70
Section 35-10-70 Definitions
Status: in_force

As used in this chapter, the following terms have the following meanings:

(1) ACTIVE DUTY. Full-time duty in the active military service of the United States. Active duty includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a military service school by law or by the secretary of the military department concerned. Active duty does not include full-time national guard duty.

(2) MILITARY SERVICE. Any of the following:

a. Active duty.

b. If the service member is a member of the Alabama National Guard, service under a call to active service authorized by the President or the Secretary of Defense of the United States for a period of more than 30 consecutive days under §32 USC 502(f) to respond to a national emergency declared by the President of the United States and supported by federal money.

c. A period during which the service member is absent from active duty because of sickness, wounds, leave, or other lawful cause.

(3) SERVICE MEMBER. An individual who is in military service and is a member of the armed services or reserve forces of the United States or a member of the Alabama National Guard.
Ala. Code § 35-4-130 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-130
Section 35-4-130 Lis Pendens Record
Status: in_force

The judge of probate of each county in this state shall keep in his office as a public record a suitable book, to be called a lis pendens record.
Ala. Code § 35-2-35 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-35
Section 35-2-35 Production, Reproduction, or Sale of Maps, Plats, Etc
Status: in_force

The division of land surveys may produce, reproduce, and sell maps, plats, reports, studies, and records and shall fix the charge therefor. All income received from the sales shall be promptly deposited in the State Treasury to the credit of the “Land Surveys Fund,” which is hereby established.
Ala. Code § 35-7-1 — Alabama Code / Title 35 / Chapter 7 / Section 35-7-1
Section 35-7-1 Defined
Status: in_force

Partition fences within the meaning of this chapter are fences erected on the line between lands owned by different persons.
Ala. Code § 35-4-1 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-1
Section 35-4-1 Who May Convey Lands by Deed or Will
Status: in_force

All persons of the age of 19 years and not under a legal incapacity may alien their lands and any interest therein, whether immediate or future, certain or contingent, by instrument in writing or by their last will, under the regulations prescribed by law.
Ala. Code § 35-9-80 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-80
Section 35-9-80 Demand for Premises
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-11-90 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-90
Section 35-11-90 Lien Declared in Favor of Railroad Laborers and Employees
Status: in_force

Laborers and employees of each railroad company operated in this state, except the officers thereof, shall have a lien for all debts due to them for work and labor done and performed by them for such company, which shall extend to and cover all the property, rights, effects, and credits of every description belonging to such company, and situated in this state.
Ala. Code § 35-19-14 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-14
Section 35-19-14 Construction with Federal Law
Status: in_force

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101 of that act (15 U.S.C. Section 7001(a)) or authorize electronic delivery of any of the notices described in Section 103 of that act (15 U.S.C. Section 7003(b)).
Ala. Code § 35-6-88 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-88
Section 35-6-88 Conveyances to Be Presented to Court; Certificate; When Conveyance Vacated
Status: in_force

Every conveyance made under the provisions of this article shall, before delivery, be presented by the person making the same to the judge of the court ordering it to be made. If such judge is satisfied that such sale has been duly confirmed and that such conveyance is properly made, he shall indorse upon such conveyance a certificate under the seal of the court of the confirmation of the sale under which conveyance is made, and of the confirmation of the conveyance as made. Such certificate must be recorded with the conveyance and shall be prima facie evidence of the confirmation of such sale and conveyance. If the court is not satisfied as to any such conveyance it must vacate the same, ordering a proper conveyance, as to which the same proceedings shall be had as provided by this section for the original conveyance.
Ala. Code § 35-4-153 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-153
Section 35-4-153 Fraud or Mistake
Status: in_force

When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage, or other conveyance does not truly express the intention of the parties, it may be revised by a court on the application of the party aggrieved so as to express that intention, insofar as this can be done without prejudice to rights acquired by third persons in good faith and for value.
Ala. Code § 35-19-8 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-8
Section 35-19-8 Recording of Environmental Covenants
Status: in_force

(a) An environmental covenant and any amendment or termination of the covenant must be recorded in every county in which any portion of the real property subject to the covenant is located. For purposes of indexing, a holder shall be treated as a grantee.

(b) Except as otherwise provided in subsection (c) of Section 35-19-9, an environmental covenant is subject to the laws of the state governing recording and priority of interests in real property.
Ala. Code § 35-4-4 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-4
Section 35-4-4 Rule Against Perpetuities
Status: reserved

Repealed by Act 2011-532, p. 880, §2, effective January 1, 2012.
Ala. Code § 35-9-38 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-38
Section 35-9-38 Failure or Refusal of Tenant to Plant Crop
Status: in_force

In any case in which a tenant of farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant his crops, or a substantial portion of such crops to be grown as are usually planted by that time, on or before March 20, he may, at the election of the landlord, be required to surrender and vacate the rented premises, and upon making such election, and upon notice thereof to the tenant, the landlord may proceed to recover possession of the rented premises by an action of unlawful detainer.
Ala. Code § 35-8A-410 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-410
Section 35-8A-410 Escrow of Deposits
Status: in_force

(a) As used in this section, except as otherwise provided, the following terms shall have the following meanings:

(1) HARD COSTS. Any and all costs associated with the actual building and construction of the condominium project, including, but not limited to, site preparation, building materials, shell features, interior enclosures, fit-out costs, mechanical and electrical systems, and fixtures. The term hard costs does not include financing costs, compensation paid to architects, engineers, consultants, sales persons, or attorneys or for advertising or other marketing costs.

(2) QUALIFIED PURCHASER. a. An individual, a group of individuals, or an entity owned directly or indirectly solely by individuals where each individual shall have an income of more than two hundred thousand dollars ($200,000) for the calendar year immediately preceding the date of the purchaser’s signing of the purchase contract, or a joint income with his or her spouse of three hundred thousand dollars ($300,000) for the calendar year immediately preceding the date of the purchaser’s signing of the purchase contract, with a good faith reasonable expectation to maintain the same level of income for the current calendar year; b. an individual, a group of individuals, or an entity owned directly or indirectly solely by individuals where each individual shall have a net worth, either individually or jointly with his or her spouse, exceeding one million dollars ($1,000,000) on the date of the purchaser’s signing of the purchase contract; or c. an individual, a group of individuals, or an entity owned directly or indirectly solely by individuals where each individual shall have an income for the calendar year immediately preceding the date of the purchaser’s signing of the purchase contract of more than 30 percent of the condominium’s purchase price, or a joint income with his or her spouse of more than 50 percent of the condominium’s purchase price for such calendar year, with a good faith reasonable expectation to maintain the same level of income for the current calendar year. Any purchaser providing a written statement to declarant attesting that purchaser satisfies the qualifications of this subdivision shall be conclusively presumed to be a qualified purchaser within the meaning of this section and any such statement may be relied upon by declarant for purposes of this section.

(3) SUBSTANTIALLY COMPLETED. The issuance of a certificate of occupancy for the improvements, or the equivalent authorization issued by the governmental body having jurisdiction, and, in a jurisdiction where no certificate of occupancy or equivalent authorization is issued, shall mean substantial completion of construction of the improvements in accordance with the applicable plans and specifications.

(b) Except as provided in subsection (c), any deposit made in connection with the purchase or reservation of a unit from a person required to deliver an offering statement pursuant to Section 35-8A-402(c) shall be placed in escrow and held in this state by a licensed title insurance company, a licensed title agent, an attorney, a licensed real estate broker, or an institution whose accounts are insured by a governmental agency or instrumentality until: (1) delivered to the declarant at closing; (2) delivered to the declarant because of purchaser’s default under a contract to purchase the unit; or (3) refunded to the purchaser. Declarant shall be permitted to accept a letter of credit in lieu of a portion or all of the deposit. Notwithstanding the foregoing, the escrow agent shall not be located outside of the state. Except as provided in subsection (c) and as otherwise provided herein, the funds representing the deposit shall be held in an interest bearing account and the interest shall belong to the party entitled to the principal deposit. Notwithstanding anything in this subsection to the contrary, funds deposited pursuant to a reservation agreement that provides the prospective purchaser is not bound to purchase a unit and that the prospective purchaser may choose to have the deposit returned to him or her, need not bear interest unless the reservation agreement specifically states that the deposit will bear interest.

(c) Notwithstanding subsection (b), provided that (1) the time period during which a purchaser may cancel an agreement to purchase a unit pursuant to Section 35-8A-408 has expired without the purchaser having properly and timely exercised the right to cancel and construction of the project in which the unit is located is not substantially completed; (2) the purchase contract between the declarant and the purchaser authorizes the declarant to withdraw deposited funds pursuant to this subsection; and (3) the declarant has acquired an interest in the land on which the condominium project will be built, the existence of a mortgage on the declarant’s interest in the land shall not preclude the declarant’s satisfaction of this condition, then the declarant shall be permitted to: a. withdraw deposited funds in excess of 10 percent of the purchase price from the escrow account for use in paying the hard costs incurred in the actual building and construction of the condominium project provided that at least 10 percent of the purchase price remains on deposit after any such withdrawals and provided that the purchaser whose funds are being withdrawn is a qualified purchaser; or b. after the declarant has caused a bond to be issued by a surety insurer licensed in this state in favor of a qualified purchaser for the full amount of the escrow deposit to be withdrawn, withdraw deposited funds from the escrow account up to the amount in the escrow account for use in paying the hard costs incurred in the actual building and construction of the condominium project.

(d) If declarant elects to post the bond pursuant to subsection (c)(3)b., the declarant may not withdraw more than the face amount of the bond, the bond shall name the purchaser as the beneficiary thereof and shall be payable to the purchaser if the purchaser obtains a final judgment against declarant requiring the declarant to return the deposit to the purchaser pursuant to the purchase contract, and the declarant may satisfy this bond requirement by causing one or more blanket bonds to be issued in favor of all purchasers whose deposited funds may be used pursuant to this subsection.

(e) In the event of a withdrawal pursuant to this subsection, the withdrawn funds need not bear interest and the declarant shall not owe the purchaser interest on any withdrawn funds if the purchase contract provides that interest on withdrawn funds will not accrue or be owed to the purchaser.

(f) A purchase contract that permits use of deposits in accordance with subsections (c)(3)a. and (c)(3)b. shall include the following legend conspicuously printed or stamped in boldfaced type on the first page of the contract and immediately above the place for the signature of the purchaser: DEPOSITS MAY BE USED BY DECLARANT FOR HARD COSTS INCURRED IN THE ACTUAL BUILDING AND CONSTRUCTION OF THE CONDOMINIUM PROJECT PURSUANT TO SECTION 35-8A-410, CODE OF ALABAMA 1975. Additionally, an offering statement given to a prospective purchaser whose deposit may be used as provided in this subsection shall contain the same legend, which may be contained within the body of the offering statement. The funds deposited into escrow pursuant to subsection (b) and subsection (c) may be held in one or more escrow accounts by the escrow agent. If only one escrow account is used, then the escrow agent must maintain separate accounting records for each purchaser and the amounts separately covered under subsections (b) and (c). For the purposes of subsection (c)(3)a., in determining whether more than 10 percent of the purchase price has been deposited, the face amount of any letter of credit accepted by declarant as part of the deposit shall be considered.

(g) Any escrow agent holding deposited funds pursuant to this section is protected from liability arising from disbursing funds pursuant to subsections (c) or (d), or both, if such disbursement is pursuant to a draw requested by the declarant and the declarant certifies in such writing to the escrow agent that the declarant is entitled to such disbursement pursuant to subsection (c) or, as the case may be, pursuant to subsection (d).
Ala. Code § 35-8A-301 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-301
Section 35-8A-301 Organization of Unit Owners’ Association
Status: in_force

A unit owners’ association must be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under section 35-8A-218, or their heirs, successors, or assigns. The association must be organized as a profit or nonprofit corporation.
Ala. Code § 35-3-25 — Alabama Code / Title 35 / Chapter 3 / Section 35-3-25
Section 35-3-25 Compensation of Surveyor; Provisions of Article Not Exclusive
Status: in_force

In fixing the compensation of the surveyor or surveyors, the court may do so by an agreement or by allowing the usual compensation for such professional services. The provisions of this article are not exclusive and shall in no way affect any existing law relative to the power of courts to order a survey.
Ala. Code § 35-11-190 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-190
Section 35-11-190 Lien Declared
Status: in_force

Any keeper, owner or proprietor of a livery stable, or other place for feeding and caring for stock for pay, shall have a lien on all stock kept and fed by him, for the payment of his charges, for keeping and feeding such stock, and he shall have the right to retain the stock, or so much thereof as may be necessary for the payment of such charges; and said lien shall continue for six months on any stock so kept, fed and cared for in possession of persons with notice of such lien.
Ala. Code § 35-11-46 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-46
Section 35-11-46 Duties of Filing Officer
Status: in_force

(a) If a notice of a federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented for filing, the filing officer shall cause the notice to be marked, held, and indexed in accordance with the provisions of Section 7-9A-519 of the Uniform Commercial Code, as if the notice were a financing statement within the meaning of that Code, and if the filing officer is the judge of probate, the filing officer also shall cause the notice to be cross-indexed in the real estate mortgage records under the name of the person against whose interest the lien applies in the same fashion as if such person were the mortgagor in a mortgage of real estate and also under the name of the person claiming the lien as if such person were the mortgagee thereunder.

(b) If a certificate of release, nonattachment, discharge, or subordination of any lien is presented to the filing officer for filing, the filing officer shall:

(1) Cause a certificate of release or nonattachment to be marked, held, and indexed as if the certificate were a termination statement within the meaning of the Uniform Commercial Code, but the notice of lien to which the certificate relates may not be removed from the files; and

(2) Cause a certificate of discharge or subordination to be marked, held, and indexed as if the certificate were a release of collateral within the meaning of the Uniform Commercial Code.

(c) When the filing officer is the Secretary of State, the Secretary of State shall issue a filing officer’s certificate upon the request of any person. When the filing officer is the probate judge, the probate judge may issue a filing officer’s certificate upon the request of any person. The certificate shall show whether there is on file, on the date and hour stated therein, any notice of lien or certificate or notice affecting any lien filed under this division or Sections 35-11-40 and 35-11-41, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The fee for a certificate shall be the same as the then applicable uniform fee for obtaining information from the filing officer pursuant to Section 7-9A-525 of the Uniform Commercial Code. Upon request, the filing officer shall furnish a copy of any notice of federal lien, or notice or certificate affecting a federal lien, for a fee that is the same as the then applicable uniform fee for obtaining copies from the filing officer pursuant to Section 7-9A-525 of the Uniform Commercial Code.
Ala. Code § 35-4-112 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-112
Section 35-4-112 When Division Not Applicable
Status: in_force

This division shall not apply to the recording of any will, decree, court order, or judgment; nor to any instrument executed prior to July 21, 1972; except, that it shall apply to instruments executed since January 1, 1966, in counties having a population of over 600,000 inhabitants according to the 1960 or any succeeding federal census, and to all instruments executed since July 1, 1969, in counties having a population of 300,000 inhabitants according to the 1960 or a succeeding federal census.
Ala. Code § 35-4-135 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-135
Section 35-4-135 Bona Fide Purchasers, Etc., Protected Upon Failure to Record Notice
Status: in_force

If the notice required by Sections 35-4-131 and 35-4-132 shall not be entered in the lis pendens record, the action, proceeding, or application shall not affect the rights of a bona fide purchaser, lessee, or mortgagee of any interest in such land or any person then or thereafter asserting a lien against such land unless he or they have actual notice of the action, proceeding, levy, or application.
Ala. Code § 35-12-82 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-82
Section 35-12-82 Claim of Another State to Recover Property
Status: in_force

(a) After property has been paid or delivered to the Treasurer under this article, another state may recover the property if any of the following apply:

(1) The property was paid or delivered to the custody of this state because the records of the holder did not reflect a last known location of the apparent owner within the borders of the other state and the other state establishes that the apparent owner or other person entitled to the property was last known to be located within the borders of that state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.

(2) The property was paid or delivered to the custody of this state because the laws of the other state did not provide for the escheat or custodial taking of the property, and under the laws of that state subsequently enacted the property has escheated or become subject to a claim of abandonment by that state.

(3) The records of the holder were erroneous in that they did not accurately identify the owner of the property and the last known location of the owner within the borders of another state and under the laws of that state the property has escheated or become subject to a claim of abandonment by that state.

(4) The property was subjected to custody by this state under subdivision (6) of Section 35-12-74, and under the laws of the state of domicile of the holder the property has escheated or become subject to a claim of abandonment by that state.

(5) The property is a sum payable on a traveler’s check, money order, or similar instrument that was purchased in the other state and delivered into the custody of this state under subdivision (7) of Section 35-12-74, and under the laws of the other state the property has escheated or become subject to a claim of abandonment by that state.

(b) A claim of another state to recover escheated or abandoned property must be presented in a form prescribed by the Treasurer, who shall decide the claim within 120 days after it is presented. The Treasurer shall allow the claim upon determining that the other state is entitled to the abandoned property under subsection (a).

(c) The Treasurer shall require another state, before recovering property under this section, to agree to indemnify this state and its officers and employees against any liability on a claim to the property.
Ala. Code § 35-11-217 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-217
Section 35-11-217 Selection of Land to Be Charged in Certain Cases
Status: in_force

When the land on which the building or improvement is situated is not in a city or town and exceeds in area one acre, any person having a lien, or his personal representative, may at any time prior to his filing his statement in the office of the judge of probate, select one acre in addition to the land upon which the building or improvement is situated which shall also be subject to the lien; such selection to include the land surrounding the said building or improvement, and contiguous thereto, and with the land on which the building or improvement is situated to constitute but one lot or parcel. When the land on which the building or improvement is situated is in a city or town and the improvement consists of two or more buildings united together, situated on the same lot or contiguous or adjacent lots, or of separate buildings upon contiguous or adjacent lots, or where the machinery, material, fixture, engine, boiler, work, or labor has been furnished for improvements or structures which are located on separate tracts or parcels of land but operated as an entire plant or concern, and erected under one general contract, the lien for the labor, materials, fixtures, engines, boiler, or machinery, so furnished, shall attach to all such construction or improvements, together with land upon which they are situated, and it shall not be necessary to file a separate lien for each lot, building, or improvement, but the party claiming the lien may elect to file a separate lien for each lot, building, or improvement.
Ala. Code § 35-4-432 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-432
Section 35-4-432 Prohibition
Status: in_force

A private transfer fee obligation recorded or entered into in this state on or after May 25, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state on or after May 25, 2011, is void and unenforceable. This section does not create a presumption that a private transfer fee obligation recorded or entered into in this state before May 25, 2011, is valid and enforceable.
Ala. Code § 35-6-66 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-66
Section 35-6-66 Article Not Applicable to Partition of Crops
Status: in_force

The provisions of this article are not applicable to the partition of crops.
Ala. Code § 35-12A-11 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-11
Section 35-12A-11 Disposition of Proceeds of Sale
Status: in_force

(a) The manufactured dwelling community owner may deduct from the proceeds of the sale any of the following:

(1) The reasonable or actual cost of notice, storage, and sale as provided in this chapter.

(2) Unpaid rental fees, but only to the extent that the manufactured dwelling community owner’s lien has priority over the lien of any applicable lienholder.

(3) Reasonable attorneys’ fees and costs.

(b) After deducting the amounts listed in subsection (a), the manufactured dwelling community owner shall remit to the county tax collecting official any property taxes and/or other fees due and shall then remit the remaining proceeds, if any, to the lienholders, if any, to the extent of any unpaid balance owed on any liens on the manufactured dwelling.

(c) After deducting the amounts listed in subsections (a) and (b), as applicable, the manufactured dwelling community owner shall remit to the tenant or owner the remaining proceeds, if any, together with an itemized accounting. If the tenant or owner cannot be found, after due diligence, the remaining proceeds may be interpleaded in any court with jurisdiction or be held and deposited in accordance with Article 2A of Chapter 12.
Ala. Code § 35-3-22 — Alabama Code / Title 35 / Chapter 3 / Section 35-3-22
Section 35-3-22 Order for Survey on Motion of Party - Appointment of Surveyor; Costs Generally
Status: in_force

If no objection is made to the making of such survey, or the court is of the opinion that such objection as made is not well taken and that such survey is pertinent and material to the determining of the issues in said action, or to enable the court to properly enter a judgment in said action, and that such survey is advisable, the court may enter an order providing for such survey and appointing a competent and disinterested surveyor or surveyors to make the same and fixing the manner in which the cost of such survey is to be paid, and the court may include in such order such additional conditions, terms, and provisions as are proper and equitable.
Ala. Code § 35-4A-6 — Alabama Code / Title 35 / Chapter 4A / Section 35-4A-6
Section 35-4A-6 Prospective Application
Status: in_force

This chapter applies to a nonvested property interest or a power of appointment that is created on or after January 1, 2012. For purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.
Ala. Code § 35-4-33 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-33
Section 35-4-33 Judgment for Specific Performance
Status: in_force

A judgment for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry of deeds in the county where the land lies, and shall stand in the place of a deed. In any action in which the court orders the specific performance of a contract for the sale of real estate, when it appears from the evidence that the party in whose favor the judgment is made is entitled to the possession of the real estate as against the other party and that such other party is in person or by tenants in possession of such real estate, the court may, in such judgment of specific performance, order the issuance of a writ of possession as in ejectment cases.
Ala. Code § 35-8A-220 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-220
Section 35-8A-220 Master Associations
Status: in_force

(a) If the declaration for a condominium provides that any of the powers described in Section 35-8A-302 are to be exercised by or may be delegated to a profit or nonprofit corporation which exercises those or other powers on behalf of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of this chapter applicable to unit owners’ associations apply to any such corporation with regard to such delegated power except as modified by this section.

(b) Unless it is acting in the capacity of an association described in Section 35-8A-301, a master association may exercise the powers set forth in Section 35-8A-302(a)(2) only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from those condominiums to the master association.

(c) If the declaration of any condominium provides that the board may delegate certain powers to a master association, the members of the board have no liability for the acts or omissions of the master association with respect to those powers following delegation.

(d) The rights and responsibilities of unit owners with respect to the unit owners’ association set forth in Sections 35-8A-303, 35-8A-308 through 35-8A-310, and 35-8A-312 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not those persons are otherwise unit owners within the meaning of this chapter.

(e) Even if a master association is also an association described in Section 35-8A-301, the certificate of incorporation or other instrument creating the master association and the declaration of each condominium the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association must be elected after the period of declarant control in any of the following ways:

(1) All unit owners of all condominiums subject to the master association may elect all members of that executive board.

(2) All members of the executive boards of all condominiums subject to the master association may elect all members of that executive board.

(3) All unit owners of each condominium subject to the master association may elect specified members of that executive board.

(4) All members of the executive board of each condominium subject to the master association may elect specified members of that executive board.
Ala. Code § 35-12-94 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-94
Section 35-12-94 Confidentiality; Staff
Status: in_force

(a) Certain information contained in a holder’s report to the Treasurer under this article, such as Social Security numbers, policy numbers, tangible property descriptions, and property dollar amounts, is not considered a public writing, but is confidential and exempt from the provisions of Section 36-12-40, and not subject to dissemination to anyone other than the Treasurer and the property owner. Except as expressly authorized by the Treasurer, it shall be unlawful for any person to print, publish, or divulge any information regarding property subject to this article.

(b) The Treasurer, pursuant to the Alabama Administrative Procedure Act, may adopt rules necessary to carry out this article.

(c) The Treasurer may employ the staff necessary to carry out the duties conferred upon the Treasurer pursuant to this article. The salaries for these persons shall be fixed according to the Merit System. The Treasurer may employ one individual outside the classified Merit System service. Salaries shall be paid from the Unclaimed Property Administrative Fund.
Ala. Code § 35-4-231 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-231
Section 35-4-231 Character of Estate Pur Autre Vie
Status: in_force

An estate during the life of a third person, whether limited to his heirs or otherwise, is a freehold only during the life of the grantee or devisee; but after his death it is a chattel real.
Ala. Code § 35-8A-110 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-110
Section 35-8A-110 Chapter to Be Liberally Construed; Remedies Liberally Administered
Status: in_force

(a) Notwithstanding a finding that this chapter is in derogation of the common law, it should be liberally construed to effectuate its purpose of encouraging development and construction of condominium property under the provisions of this chapter. The remedies provided by this chapter shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed.

(b) Any right or obligation declared by this chapter is enforceable by judicial proceeding.
Ala. Code § 35-11-273 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-273
Section 35-11-273 Enforcement of Lien
Status: in_force

For the enforcement of such liens, the person entitled thereto may sue out attachment before any officer authorized to issue such writs, returnable before any court of competent jurisdiction. Actions under the provisions of this division may either be joint or several.
Ala. Code § 35-12A-12 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-12
Section 35-12A-12 Liability Under Chapter
Status: in_force

Compliance in good faith with this chapter by the manufactured dwelling community owner shall constitute a complete defense in any action brought by a tenant or lienholder against a manufactured dwelling community owner for loss or damage to such manufactured dwelling or personal property, as applicable, sold pursuant to this chapter.
Ala. Code § 35-13-7 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-7
Section 35-13-7 Limitations
Status: in_force

The owner may prove his property, if appraised at not more than $30.00, within three months; between $30.00 and $100.00, in six months; at more than $100.00, within one year after the appraisement; and, on failure to do so, the right to the same is vested in the taker, under the provisions of this chapter.
Ala. Code § 35-11-234 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-234
Section 35-11-234 Subrogation
Status: in_force

The owner of any lien on land or improvements who shall pay to any materialman or mechanic the contract price for materials furnished or labor done shall be subrogated to the lien of said materialman or mechanic on said land or improvements and shall have the right to consolidate all such claims in one statement to be filed as provided in this division. The length of time for the filing of said claim shall be measured by the greatest length of time for the filing of any class of claims paid by the holder of such lien.
Ala. Code § 35-6-118 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-118
Section 35-6-118 Sale When Partition Impracticable
Status: in_force

If the commissioners find it impracticable to make division of the crops in specie, or that it is necessary to sell a portion thereof to make or equalize the division, they shall at once report that fact to the probate court, which shall thereupon order the crops to be sold for division, and shall issue a writ to the sheriff commanding him to make such sale; and such sale, and the distribution of the proceeds thereof, shall be made as provided in section 35-6-116.
Ala. Code § 35-10-30 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-30
Section 35-10-30 Penalty
Status: in_force

(a) If, for 30 days after such request, the mortgagee or assignee or transferee, trustee or cestui que trust, fails to make any entry required by this article he forfeits to the party making the request $200.00 unless there is pending, or there is instituted, an action within that time, in which the fact of partial payment or satisfaction is or may be contested. In construing this article, the right of action given herein shall be considered as a personal right, and shall not be lost or waived by a sale of the property covered by the mortgage or deed of trust before a demand was made for the satisfaction to be entered upon the record.

(b) All actions for the recovery of the penalties mentioned in this article shall be brought in the county where such mortgage or other instrument is recorded.

(c) This section does not apply to satisfactions of residential mortgages which are governed by the Alabama Residential Mortgage Satisfaction Act.
Ala. Code § 35-4-385 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-385
Section 35-4-385 Conveyance of Lands Owned by the State
Status: in_force

When any department of the state, having power and authority to obtain and negotiate a sale of any lands claimed or owned by the state, shall certify to the Governor that such sale has been obtained and negotiated, that all requirements of law with respect to such sale have been complied with and such sale is concurred in by the Governor, the Governor may cause a patent to issue under the seal of the state, signed by the Governor and attested by the Secretary of State, conveying such property. The recitals contained in said conveyance shall be conclusive evidence that all requirements for the issuance thereof have been complied with.
Ala. Code § 35-8A-311 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-311
Section 35-8A-311 Tort and Contract Liability
Status: in_force

Neither the association, any association mortgagee, nor any unit owner except the declarant is liable for that declarant’s torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association shall be brought against the association and not against any unit owner. If the wrong occurred during any period of declarant control and the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (i) for all tort losses not covered by insurance suffered by the association or that unit owner; and (ii) for all costs which the association would not have incurred but for a breach of contract or other wrongful act or omission. Whenever the declarant is liable to the association under this section, the declarant is also liable for all reasonable litigation expenses, including reasonable attorneys fees, incurred by the association. Any statute of limitation affecting the association’s right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section solely because he or she is a unit owner, or a member or officer of the association. Liens resulting from judgments against the association are governed by Section 35-8A-317.
Ala. Code § 35-11-93 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-93
Section 35-11-93 When Attachment by Agricultural Laborer or Plantation Superintendent Attaches; Additional Affidavit
Status: in_force

An agricultural laborer or superintendent of a plantation may sue out an attachment, whether his demand is due or not; but, in either event, he shall in addition to the affidavit required under the general provisions of this chapter, make affidavit that such demand is or will be due, as the case may be, and that the defendant, without the consent of, and contrary to his agreement with the plaintiff, is about to remove the crop from the premises without paying such demand, or that the defendant has so removed such crop or some portion thereof.
Ala. Code § 35-5A-2 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-2
Section 35-5A-2 Definitions
Status: in_force

As used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:

(1) ADULT. An individual who has attained the age of 21 years.

(2) BENEFIT PLAN. An employer’s plan for the benefit of an employee or partner, or an individual retirement account.

(3) BROKER. A person lawfully engaged in the business of effecting transactions in securities or commodities for the person’s own account or for the account of others.

(4) CONSERVATOR. A person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor’s property or a person legally authorized to perform substantially the same functions.

(5) COURT. Circuit court.

(6) CUSTODIAL PROPERTY.

a. Any interest in property transferred to a custodian under this chapter and

b. The income from and proceeds of that interest in property.

(7) CUSTODIAN. A person so designated under Section 35-5A-10 or a successor or substitute custodian designated under Section 35-5A-19.

(8) FINANCIAL INSTITUTION. A bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.

(9) LEGAL REPRESENTATIVE. An individual’s personal representative or conservator.

(10) MEMBER OF THE MINOR’S FAMILY. The minor’s parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.

(11) MINOR. An individual who has not attained the age of 21 years.

(12) PERSON. An individual, corporation, organization, or other legal entity.

(13) PERSONAL REPRESENTATIVE. An executor, administrator, successor personal representative, or special administrator of a decedent’s estate or a person legally authorized to perform substantially the same functions.

(14) STATE. Includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.

(15) TRANSFER. A transaction that creates custodial property under Section 35-5A-10.

(16) TRANSFEROR. A person who makes a transfer under this chapter.

(17) TRUST COMPANY. A financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
Ala. Code § 35-11-229 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-229
Section 35-11-229 Actions by Personal Representatives
Status: in_force

If any person entitled to a lien under this division shall die before the time has elapsed for filing his statement in the office of the judge of probate without filing it, his personal representative may file the same within three months after the grant of letter; and if such person shall die before commencing an action for the enforcement of his lien, and the lien is not lost at the time of his death, his personal representative may bring an action for the enforcement thereof at any time within six months after the grant of letters.
Ala. Code § 35-8A-109 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-109
Section 35-8A-109 Construction Against Implicit Repeal
Status: reserved

This chapter being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Ala. Code § 35-5A-12 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-12
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 Settlement or Release of Claims
Status: in_force

(a) The validity of a transfer made in a manner prescribed in this chapter is not affected by:

(1) Failure of the transferor to comply with section 35-5A-10(c) concerning possession and control;

(2) Designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under section 35-5A-10(a); or

(3) Death or incapacity of a person nominated under section 35-5A-4 or designated under section 35-5A-10 as custodian or the disclaimer of the office by that person.

(b) A transfer made pursuant to section 35-5A-10 is irrevocable, and conveys to the minor indefeasibly vested title to the custodial property, but the custodian has the rights, powers, duties, and authority provided in this chapter, and neither the minor nor the minor’s legal representative has any right, power, duty, or authority with respect to the custodial property except as provided in this chapter. Neither the minor nor the minor’s legal representative can transfer by assignment or otherwise custodial property.

(c) By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.

(d) Making a transfer to a custodian pursuant to this chapter does not authorize the custodian to settle or release a claim of the minor against the transferor or a third party.
Ala. Code § 35-4A-8 — Alabama Code / Title 35 / Chapter 4A / Section 35-4A-8
Section 35-4A-8 Relation to Common Law
Status: in_force

This chapter supersedes the rule of the common law known as the rule against perpetuities.
Ala. Code § 35-9-12 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-12
Section 35-9-12 Seizure of Crops Upon Abandonment of Premises
Status: in_force

When a tenant abandons or removes from the premises or any part thereof, the landlord or his agent or attorney may seize upon any grain or other crops grown or growing upon the premises or part thereof so abandoned, whether the rent is due or not. If such grain or other crops or any part thereof is not fully grown or matured, the landlord or his agent or attorney may cause the same to be properly cultivated and harvested or gathered, and may sell and dispose of the same, and apply the proceeds, so far as may be necessary, to compensate him for his labor and expenses and to pay the rent and advances. The tenant may, at any time before the sale of the property so seized, redeem the same by tendering the rent and advances due and reasonable compensation, and expenses of the cultivation and harvesting or gathering the same.
Ala. Code § 35-4-256 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-256
Section 35-4-256 Trust Void as to Creditors or Purchasers Without Notice
Status: in_force

Transferred to Section 19-3B-1302 effective January 1, 2007
Ala. Code § 35-12-72 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-72
Section 35-12-72 Presumption of Abandonment. (Amended by Act 2026-285)
Status: in_force

AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) Property is presumed abandoned if it is unclaimed by the apparent owner during the time set forth below for the particular property:

(1) Traveler’s checks, 15 years after issuance.

(2) Money order, five years after issuance.

(3) A demand, savings, or time deposit including a deposit that is automatically renewable, three years after the earlier of maturity, as extended from time to time, or the date of the last indication by the apparent owner of interest in the property.

(4) Tangible and intangible property held in a safe deposit box or other safekeeping depository in this state in the ordinary course of the holder’s business and proceeds resulting from the sale of the property permitted by other law, three years after expiration of the lease or rental period on the box or other depository.

(5) Money or credits owed to a customer as a result of a retail business transaction, one year after the obligation accrued.

(6) Property in an individual retirement account, defined benefit plan, or other account or plan that is qualified for tax deferral under the income tax laws of the United States, three years after the earlier of a. the date of the distribution or attempted distribution of the property; b. the date of the required distribution as stated in the plan or trust agreement governing the plan; or c. the date, if determinable by the holder, specified in the income tax laws of the United States by which distribution of the property must begin in order to avoid a tax penalty.

(7) Stock or other equity interest in a business association or financial organization, including a security entitlement under Article 8 of Title 7, the Uniform Commercial Code, three years after the earlier of a. the date of the most recent dividend, stock split, or other distribution unclaimed by the apparent owner; or b. the date of the second mailing of a statement of account or other notification or communication that was returned as undeliverable or after the holder discontinued mailings, notifications, or communications to the apparent owner.

(8) Debt of a business association or financial organization, other than a bearer bond or an original issue discount bond covered under subdivision (18), three years after the date of the most recent interest payment unclaimed by the apparent owner.

(9) Property distributable by a business association or financial organization in a course of dissolution, one year after the property becomes distributable.

(10) Amount owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated, three years after the obligation to pay arose or, in the case of a policy or annuity payable upon proof of death, three years after the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve is based.

(11) Property distributable in the course of a demutualization or related reorganization of an insurance company shall be deemed abandoned as follows:

a. Any funds, two years after the date of the demutualization or reorganization, if the funds remain unclaimed, and the owner has not otherwise communicated with the holder or its agent regarding the property as evidenced by a memorandum or other record on file with the holder or its agent.

b. Any stock or other equity interest, two years after the date of the demutualization or reorganization if instruments or statements reflecting the distribution are either mailed to the owner and returned by the post office as undeliverable, or not mailed to the owner because of an address on the books and records of the holder that is known to be incorrect and the owner has not otherwise communicated with the holder or its agent regarding the property as evidenced by a memorandum or other record on file with the holder or its agent.

c. Property not subject to paragraphs a. or b. within two years of the distribution shall remain reportable under other sections of this article.

(12) Property received by a court as proceeds of a class action, and not distributed pursuant to the judgment, one year after the distribution date.

(13) Property held by a court, government, governmental subdivision, agency, or instrumentality, one year after the property becomes distributable.

(14) Wages or other compensation for personal services, one year after the compensation becomes payable.

(15) Deposit or refund owed to a subscriber by a utility, one year after the deposit or refund becomes payable.

(16) Any check, warrant, debit card, or other payment instrument drawn on or issued by the State of Alabama, outstanding and unpaid within the time frame allowed under Section 41-4-60.

(17) Gift certificate, other than those exempt under Section 35-12-73, three years after June 30 of the year in which the certificate was sold, but if redeemable in merchandise only, the amount abandoned is deemed to be 60 percent of the certificate’s face value.

(18) All other property, three years after the owner’s right to demand the property or after the obligation to pay or distribute the property arises, whichever first occurs.

(b) At the time that an interest is presumed abandoned under subsection (a), any other property right accrued or accruing to the owner as a result of the interest, and not previously presumed abandoned, is also presumed abandoned.

(c) Property is unclaimed if, for the applicable period set forth in subsection (a), the apparent owner has not communicated in writing, or by other means reflected in a contemporaneous record prepared by or on behalf of the holder, with the holder concerning the property or the account in which the property is held, and has not otherwise indicated an interest in the property. A communication with an owner by a person other than the holder or its representative who has not in writing identified the property to the owner is not an indication of interest in the property by the owner.

(d) An indication of an owner’s or apparent owner’s interest in property includes any of the following:

(1) The presentment of a check or other instrument of payment of a dividend or other distribution made with respect to an account or underlying stock or other interest in a business association or financial organization or, in the case of a distribution made by electronic or similar means, evidence that the distribution has been received.

(2) Owner-directed activity in the account in which the property is held, including a direction by the owner to increase, decrease, or change the amount or type of property held in the account.

(3) The making of a deposit to or withdrawal from a bank account. Any correspondence in writing from the holder to the apparent owner, such as the mailing of a statement, report of interest paid or credited, renewal of a deposit or other written information relating to the deposit shall be construed to mean that the apparent owner has indicated an interest in the deposit if the correspondence in writing is not returned to the holder for nondelivery thereof. Any activity or indication of interest by an apparent owner in the deposit or in any other deposits in a holder shall be construed to be activity and indication of interest in all other deposits of the apparent owner in the holder.

(4) The payment of a premium with respect to a property interest in an insurance policy; but the application of an automatic premium loan provision or other nonforfeiture provision contained in an insurance policy does not prevent a policy from maturing or terminating if the insured has died or the insured or the beneficiary of the policy has otherwise become entitled to the proceeds before the depletion of the cash surrender value of a policy by the application of those provisions.

(e) Property is payable or distributable for purposes of this article notwithstanding the failure of the owner or apparent owner to make demand or present an instrument or document otherwise required to obtain payment.
Ala. Code § 35-12-73 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-73
Section 35-12-73 Exemptions
Status: in_force

(a) The following entities are exempt from reporting property under this article:

(1) Electric cooperatives organized under Chapters 6 and 7 of Title 37.

(2) Incorporated municipalities and incorporated municipal boards and county and county boards of this state.

(b) The following property is exempt from reporting under this article:

(1) A gift certificate, gift card, or in-store merchandise credit issued or maintained by any person engaged primarily in the business of selling tangible personal property at retail.

(2) Property held, due, and owing in a foreign country and arising out of a foreign transaction.

(3) Unclaimed funds held pursuant to Section 19-3-87.
Ala. Code § 35-8A-417 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-417
Section 35-8A-417 Substantial Completion of Units
Status: in_force

In the case of a sale of a unit where delivery of an offering statement is required or a disclosure is made pursuant to Section 35-8A-407, a contract of sale may be executed, but no interest in that unit may be conveyed, or voted until the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent registered architect, or independent registered engineer, or by issuance of a certificate of occupancy authorized by law.
Ala. Code § 35-6A-3 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-3
Section 35-6A-3 Application and Construction of Chapter
Status: in_force

(a) This chapter applies to partition actions filed on or after January 1, 2015.

(b) In an action to partition real property under Chapter 6 of this title, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record.

(c) This chapter supplements Chapter 6 of this title, and, if an action is governed by this chapter, replaces those provisions of Chapter 6, that are inconsistent with this chapter.

(d) This chapter does not supplant or otherwise change the provisions for fees as a part of the cost under Section 34-3-60.
Ala. Code § 35-12A-13 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-13
Section 35-12A-13 Rights and Obligations of Lienholders
Status: in_force

If a lienholder makes a timely response to a notice of abandoned manufactured dwelling, as provided for in Section 35-12A-4, and so requests, a manufactured dwelling community owner shall not sell the manufactured dwelling for a period of 12 months. During this period, or until the manufactured dwelling is removed from the manufactured dwelling community owner’s premises, the lienholder must make timely periodic payments of all reasonable and actual storage or rental fees which accrue after the expiration of the 30-day notice period and which shall be no greater than the monthly space rent last payable by the tenant. The lienholder shall have the right to remove or sell the manufactured dwelling, pursuant to the provisions of any agreement with the owner of the dwelling or as otherwise allowed by law. The manufactured dwelling community owner may condition approval for occupancy of any purchaser of the manufactured dwelling upon payment of all storage charges and maintenance costs which accrued after the expiration of the 30-day notice period or verification that the new tenant qualifies for rental consistent with the rental criteria in existence at the time of execution of the manufactured dwelling community owner’s rental agreement. If the lienholder fails to respond to the notice of abandoned manufactured dwelling within 45 days of receipt, or after making a response, fails after 10 days’ written notice from the manufactured dwelling community owner, to make timely payments, the manufactured dwelling community owner may proceed to sell the manufactured dwelling pursuant to Section 35-12A-8. If the lienholder responds to the 30-day notice, and requests that the manufactured dwelling community owner not sell or dispose of the manufactured dwelling, the lienholder shall be obligated to pay the manufactured dwelling community owner the storage or rental fees which accrue beginning after the expiration of the 30-day notice period until the expiration of the 12-month period or the date the manufactured dwelling is removed from the premises or sold pursuant to Section 35-12A-8, whichever is earlier, plus the manufactured dwelling community owner’s reasonable attorneys’ fees and costs incurred in enforcing this obligation of the lienholder. The provisions of this section may be changed by agreement signed by the manufactured dwelling community owner and lienholder.
Ala. Code § 35-2-80 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-80
Section 35-2-80 Duty of Probate Judges to Record Aerial Photographs or Maps; Manner of Recordation and Maintenance
Status: in_force

In order to facilitate acquirement of easements by watershed associations, water conservancy associations or districts and any other lawful entity engaged in water and soil conservation work, the probate judges of the several counties of the State of Alabama shall receive and record aerial photographs or maps of land areas in their respective counties. These maps or photographs shall be recorded, kept, and maintained in substantially the same manner as prescribed in Section 35-2-51. Before being recorded, such a map or photograph may have drawn or inscribed thereon its source of origin, the approximate scale of the map, section and township lines, property lines, high-water marks for channels and storage areas for water, and soil conservation tract or parcel numbers and boundaries and all such other indicia or information as may be appropriate for identification of the land areas represented by the map.
Ala. Code § 35-5A-3 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-3
Section 35-5A-3 Transfers and Custodians to Which Chapter Applicable; Personal Jurisdiction Over Custodian; Transfers Made Under Law of Another State
Status: in_force

(a) This chapter applies to a transfer that refers to this chapter in the designation under section 35-5A-10(a) by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state. The custodianship so created remains subject to this chapter, even though the custodian so nominated subsequently declines to serve through renunciation or resignation.

(b) A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.

(c) A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.
Ala. Code § 35-6-89 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-89
Section 35-6-89 Sale Void Unless to Advantage of Ward and Confirmed by Court
Status: in_force

(a) If, on the hearing of the report of sale by the guardian, it shall appear to the court that the sale of any parcel of land or realty therein set forth is not to the advantage of the ward whose interest is so sold, the court shall order such sale set aside, whereupon the same shall become wholly void.

(b) No sale or conveyance of lands under this article shall be valid to divest the title of the minor or person of unsound mind on whose behalf it is made, unless such sale or conveyance shall be confirmed as provided in this article.
Ala. Code § 35-1-1.1 — Alabama Code / Title 35 / Chapter 1 / Section 35-1-1.1
Section 35-1-1.1 Certain Governments or Governmental Entities Prohibited from Acquiring Certain Real Property in the State
Status: in_force

(a) This section shall be known and may be cited as the Alabama Property Protection Act.

(b) For purposes of this section, the following words have the following meanings:

(1) AGRICULTURAL AND FOREST PROPERTY. All real property used for raising, harvesting, and selling crops or for the feeding, breeding, management, raising, sale of, or the production of livestock, or for the growing and sale of timber and forest products.

(2) CRITICAL INFRASTRUCTURE FACILITY. Any of the following:

a. A chemical manufacturing facility.

b. A refinery.

c. A plant or facility producing electric energy no matter how generated or produced.

d. A water treatment facility or wastewater treatment plant.

e. A liquid natural gas terminal.

f. A telecommunications central switching office.

g. A gas processing plant, including any plant used in the processing, treatment, or fractionation of natural gas.

h. A seaport facility as defined in Section 40-13-1.

i. Aerospace or spaceport infrastructure.

j. An airport as defined in Section 23-1-411.

(3) FOREIGN COUNTRY OF CONCERN. China, Iran, North Korea, and Russia. This term shall not include Taiwan.

(4) FOREIGN PRINCIPAL. Any of the following:

a. The government or any official of the government of a foreign country of concern.

b. A political party or member of a political party or any subdivision of a political party in a foreign country of concern.

c. A country or government identified on any sanctions list of the United State Department of the Treasury’s Office of Foreign Assets Control.

(5) MILITARY INSTALLATION. A base, camp, post, station, yard, or center that is under the jurisdiction of the Department of Defense or its affiliates, encompassing at least 10 contiguous acres.

(6) REAL PROPERTY. Land, buildings, fixtures, and all other improvements to land.

(c) Notwithstanding any other law, no foreign principal shall acquire title to, or acquire a controlling interest in, any of the following:

(1) Agricultural and forest property.

(2) Real property on or within 10 miles of any military installation or critical infrastructure facility.

(d) Subsection (c) shall apply only to the purchase of or other acquisition of title to real property on or after August 1, 2023. The purchase of or other acquisition of title to real property prior to August 1, 2023, is governed by the law in effect immediately prior to August 1, 2023, and that law is continued in effect for that purpose.

(e) No title insurer, title agent, real estate licensee, or other settlement provider as defined by the Real Estate Procedures Act, 12 U.S.C. § 2601 et seq., shall be liable for any violation of subsection (c).
Ala. Code § 35-11-272 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-272
Section 35-11-272 Limitations
Status: in_force

The liens created by this division shall be held to have been waived or abandoned unless proceedings to enforce the same are commenced within 60 days after the work shall have been completed.
Ala. Code § 35-6-25 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-25
Section 35-6-25 Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative
Status: in_force

(a) When it is necessary to make any person a party defendant in any partition proceedings brought under the provisions of this article for partition sale of land, or any interest therein and the plaintiff, after exercising reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint, and such defendant may then be made a party, by publication as in the case of unknown defendants, in his name followed by the words: ” ____ and his heirs or devisees, if deceased.” If the defendant so sued does not appear in person or by attorney before expiration of the time for filing pleadings in the case, the court shall appoint a guardian ad litem to represent his interest. A valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint.

(b) This section is cumulative.
Ala. Code § 35-8A-211 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-211
Section 35-8A-211 Alterations of Units
Status: in_force

Subject to the provisions of the declaration and other provisions of law, a unit owner:

(1) May make any improvements or alterations to his or her unit that do not impair the structural integrity, or mechanical systems, or lessen the support of any portion of the condominium;

(2) May not substantially or adversely change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association;

(3) After acquiring an adjoining unit, or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries.
Ala. Code § 35-11-96 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-96
Section 35-11-96 Satisfaction of Claims for Rent and Advances
Status: in_force

No part of any crop levied on under the provisions of this division shall be removed from the premises on which it was raised until all claims for rent and advances for the current year have been satisfied.
Ala. Code § 35-12-91 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-91
Section 35-12-91 Interstate Agreements
Status: in_force

(a) The Treasurer may enter into an agreement with another state to exchange information relating to abandoned property or its possible existence. The agreement may permit the other state, or another person acting on behalf of a state, to examine records as authorized in Section 35-12-89. The Treasurer, by rule, may require the reporting of information needed to enable compliance with an agreement made under this section and prescribe the form.

(b) The Treasurer may join with another state to seek enforcement of this article against any person who is or may be holding property reportable under this article.

(c) At the request of another state, the Attorney General of this state may maintain an action on behalf of the other state to enforce, in this state, the unclaimed property laws of the other state against a holder of property subject to escheat or a claim of abandonment by the other state, if the other state has agreed to pay expenses incurred by the Attorney General in maintaining the action.

(d) The Attorney General of this state may request the attorney general of another state or another attorney commence an action in the other state on behalf of the Treasurer. With the approval of the Attorney General of this state, the Treasurer may retain any other attorney to commence an action in this state on behalf of the Treasurer. This state shall pay all expenses, including attorney’s fees, in maintaining an action under this subsection. With the Treasurer’s approval, the expenses and attorney’s fees may be paid from money received under this article. Any expenses or attorney’s fees paid under this subsection may not be deducted from the amount that is subject to the claim by the owner under this article.
Ala. Code § 35-11-41 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-41
Section 35-11-41 Record of Notices
Status: reserved

Repealed by Acts 1989, No. 89-948, p. 1868.
Ala. Code § 35-12A-14 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-14
Section 35-12A-14 Abandonment of Dwelling by Death of Tenant
Status: in_force

If the manufactured dwelling or personal property is considered abandoned as a result of the death of the only tenant, Sections 35-12A-1 to 35-12A-13, inclusive, and this section shall apply, except as follows:

(1) The provisions of this chapter regarding the rights and responsibilities of a tenant to the abandoned manufactured dwelling and personal property shall apply to any personal representative named in a will or appointed by a court to act for the deceased tenant or any person designated in writing by the tenant to be contacted by the manufactured dwelling community owner in the event of the tenant’s death.

(2) The notice required by Section 35-12A-3 shall be personally delivered or sent by first class mail to any personal representative named in a will or appointed by a court to act for the deceased tenant.

(3) The notice described in Section 35-12A-5 shall refer to any personal representative or designated person, instead of the deceased tenant, and shall incorporate the provisions of this section.

(4) If a personal representative, designated person, or other person entitled to possession of the property, such as an heir or devisee, responds by actual notice to a manufactured dwelling community owner within the 30-day period provided by Section 35-12A-5, and so requests, the manufactured dwelling community owner shall enter into a written agreement with the representative or person providing that the manufactured dwelling shall not be sold or disposed of by the manufactured dwelling community owner until conclusion of any probate proceedings, so long as the representative or person makes timely periodic payment of all storage charges and maintains the property and the rented space on which it is stored. During the agreement, the representative or person shall have the right to remove or sell the property, including a sale to a purchaser or a transfer to an heir or devisee where the purchaser, heir, or devisee wishes to leave the property on the rented space and become a tenant. The manufactured dwelling community owner also may condition approval for occupancy of any purchaser, heir, or devisee of the property upon payment of all storage charges and maintenance costs. If the representative or person violates the agreement, the manufactured dwelling community owner may terminate it upon 30 days’ written notice stating facts sufficient to notify the representative or person of the reason for the termination. Unless the representative or person corrects the violation within the notice period, the agreement shall terminate as provided and the manufactured dwelling community owner may sell the property as provided for in this chapter.
Ala. Code § 35-6-60 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-60
Section 35-6-60 Sale Instead of Partition - Notice of Hearing; Guardians Ad Litem; Nonresidents as Parties
Status: in_force

All parties in interest must have at least 10 days’ notice of the time and place set for the hearing of such application; and when infants or persons of unsound mind are parties, and have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they may be made parties in the same manner, and to the same extent as is done when property in the hands of an executor or administrator is to be divided or distributed.
Ala. Code § 35-4-360 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-360
Section 35-4-360 Time for Cutting and Removal of Timber
Status: in_force

(a) In all conveyances of standing timber by deed or other instrument, wherein no provision is made as to when the grantee shall cut and remove the timber, the grantee shall have 10 years in which to do so.

(b) In all conveyances of standing timber by deed or other instrument wherein it is stipulated that the grantee is to have a reasonable time in which to cut and remove the timber, 10 years shall be deemed a reasonable time.
Ala. Code § 35-8B-3 — Alabama Code / Title 35 / Chapter 8B / Section 35-8B-3
Section 35-8B-3 Sale and Distribution of Alcoholic Beverages Within Community Development Districts; Establishment of Entertainment Districts
Status: in_force

(a) If a majority of the board of control of a community development district formed under Section 35-8B-1(a), (b), or (d) consents to and approves the sale and distribution of alcoholic beverages within the district, it shall be lawful to sell and distribute alcoholic beverages in the community development district in the following manner and subject to the following terms, definitions, and conditions:

(1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic beverages may be sold by the club of the district to members and their guests for on-premises consumption only. The club shall be licensed to sell alcoholic beverages to its members and their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board, upon the club’s compliance with the provisions of the alcoholic beverage licensing code and the rules adopted thereunder. The original application shall be accompanied by a certificate from the board of control of the district in which the licensed club is located, consenting to and approving the sale of alcoholic beverages at the club. The club shall not be required to present its application or obtain the consent and approval of any authority other than the board of control of the district.

(2) MEMBER. Any person or entity whose membership application has been approved by the club.

(3) ON-PREMISES CONSUMPTION. Consumption on the property of the club, including the club house, the golf course, and other recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member’s account.

(b) If a majority of the board of control of a community development district formed pursuant to Section 35-8B-1(e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (p), (q), or (s) consents to and approves the sale and distribution of alcoholic beverages within the district for seven days a week, any person within the district licensed by the Alabama Alcoholic Beverage Control Board may sell alcoholic beverages in the district for on-premises consumption.

(c) If a majority of the board of a community development district formed pursuant to Section 35-8B-1(h) consents to and approves the sale of alcoholic beverages within the district for seven days a week, any person within the district with the appropriate license from the Alabama Alcoholic Beverage Control Board may sell alcoholic beverages in the district for on-premises or off-premises consumption, subject to approval by a referendum as provided herein.

(1) If the community development district is situated entirely within the corporate limits of a municipality, then upon a petition by the board of the district being filed with the city or town clerk or governing body of the municipality, the governing body must call a municipal referendum election on the question of whether to authorize the sale of alcoholic beverages in the district as provided in the petition. The municipal election shall be held at the time of the primary, general, county-wide, or municipal election next succeeding the date of the filing of the petition but not less than 82 days from the date of the filing of the petition. The cost of the municipal election, including the cost of notice by publication, shall be paid out of the general fund of the municipality.

(2) If the community development district is not situated entirely within the corporate limits of a municipality, then upon a petition by the board of the district being filed with the judge of probate of the county, the judge of probate must call a county-wide referendum election on the question of whether to authorize the sale of alcoholic beverages in the district as provided in the petition. The county-wide election shall be held at the time of the regularly scheduled primary or general election next succeeding the date of the filing of the petition but not less than 82 days from the date of the filing of the petition. The cost of the election, including the cost of notice by publication, shall be paid out of the general funds of the county.

(3) Notice of any referendum election called pursuant to this subsection shall be given by the city or town clerk for municipal elections, or by the judge of probate for county-wide elections, by publication at least three weeks before the date of the election, in a newspaper in the municipality or county, as appropriate, or, if there be none, by posting the notice at the town or city hall or county courthouse, as appropriate, apprising the voters of the municipality or county that an election will be held to determine whether alcoholic beverages may be sold within the district as provided in the petition.

(4) If a majority of the electors voting in a referendum called pursuant to this subsection votes “yes” in favor of the question, then the sale of alcoholic beverages in the district as provided in the petition shall be authorized. If a majority of the electors votes “no,” then the sale of alcoholic beverages in the district shall be authorized only as provided by the laws in effect for the district prior to the filing of the petition, and the board of the community development district shall not file another petition under this subsection within 12 months of the referendum election.

(d)(1) In any community development district formed pursuant to Section 35-8B-1(e) or (f) in which the sale of alcoholic beverages has been approved pursuant to this section, the board of that district may establish an entertainment district within the district, which may not exceed one-half mile by one-half mile in area, but may be irregularly shaped.

(2) The Alabama Alcoholic Beverage Control Board may issue an entertainment district designation to any retailer licensee that is licensed to sell alcoholic beverages for on-premises consumption and to any manufacturer licensee that conducts tastings or samplings on the licensed premises, provided the licensees are located in an entertainment district established pursuant to this subsection.

(3) Notwithstanding any provision of law to the contrary, a licensee who receives an entertainment district designation under this subsection shall comply with all laws and rules governing its license type, as well as the limitations specified in this section, except that patrons, guests, or members of that licensee may exit that licensed premises with open containers of alcoholic beverages and consumer alcoholic beverages anywhere within the confines of the entertainment district.

(4)a. For purposes of this subsection, the term “on-premises” as applied to consumption within the entertainment district shall include anywhere within the district.

b. The permission granted by this subsection permitting the consumption of alcoholic beverages anywhere within the confines of the entertainment district shall not be construed to extend the confines of the licensed premises.

(5) The operation of an entertainment district established in a community development district pursuant to this subsection shall not be affected by any future annexation of that district or any part of that district into a municipality.

(e) In addition to the limitations specified in this section, with regard to a community development district defined in subsections (a) and (b), alcoholic beverages shall be sold only for on-premises consumption, as defined in subdivision (a)(3), and with regard to a community development district defined in subsection (b), alcoholic beverages shall not be sold within 3,000 feet of the south right-of-way of any state or federal highway adjacent to any such district.
Ala. Code § 35-4-344 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-344
Section 35-4-344 Article Not Exclusive
Status: in_force

This article shall not be construed as prescribing the exclusive way in which any literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association may convey their real estate or the manner in which they may execute conveyances.
Ala. Code § 35-8A-202 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-202
Section 35-8A-202 Unit Boundaries
Status: in_force

Except as provided by the declaration:

(1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements.

(2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements.

(3) Subject to the provisions of subdivision (2), all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit.

(4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit’s boundaries, are limited common elements allocated exclusively to that unit.
Ala. Code § 35-4-23 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-23
Section 35-4-23 Acknowledgment - Operates as Compliance with Witness Requirements
Status: in_force

The acknowledgment provided for in this article operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses.
Ala. Code § 35-5A-23 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-23
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 Age 19
Status: in_force

(a) Any transfer of custodial property as now defined in this chapter made before October 1, 1986, is validated notwithstanding that there was no specific authority in the Alabama Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.

(b) This chapter applies to all transfers made before October 1, 1986, in a manner and form prescribed in the Alabama Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on October 1, 1986.

(c) Sections 35-5A-2 and 35-5A-21 with respect to the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor’s attainment of the age of 19 after July 22, 1975, and before October 1, 1986.
Ala. Code § 35-4-150 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-150
Section 35-4-150 Civil Action for Reformation of Conveyances Containing Erroneous Description
Status: in_force

Any person claiming title to land directly or remotely from the grantee in a deed, mortgage, or other conveyance containing an erroneous description, may maintain a civil action in a circuit court for the reformation of such deed, mortgage, or other conveyance and shall be entitled to relief in all cases in which the grantee in the deed, mortgage, or other conveyance containing an erroneous description would be entitled to relief.
Ala. Code § 35-4-97 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-97
Section 35-4-97 Effect of Parol Gifts of Personal Property
Status: in_force

Parol gifts of personal property are inoperative until the custody, control, management, and use of the property passes from the donor to the donee and is possessed by such donee or his agent; when the donee is a minor living with his parents, or either of them, the possession of the father or parent with whom he is living must be considered the possession of the child.
Ala. Code § 35-11-223 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-223
Section 35-11-223 Parties
Status: in_force

(a) In such actions, all persons interested in the matter in controversy, or in the property charged with the lien, may be made parties; but such as are not made parties shall not be bound by the judgment or proceedings therein.

(b) On the death of any party to such action, his personal representative shall be made a party thereto, plaintiff or defendant, as the case may be, and it shall not be necessary to make his heirs or devisees parties; but if he has no personal representative, and it is not desired to have one appointed, his heirs or devisees may be made parties.
Ala. Code § 35-9A-106 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-106
Section 35-9A-106 Settlement of Disputed Claim or Right
Status: in_force

A claim or right arising under this chapter or on a rental agreement, if disputed in good faith, may be settled by agreement.
Ala. Code § 35-6A-4 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-4
Section 35-6A-4 Service of Process
Status: in_force

(a) Service of process shall be in accordance with Section 35-6-20 and Section 35-6-25.

(b) When service of process is obtained by publication and the court determines that the property may be heirs property, the plaintiff, not later than 10 days after the court’s determination, shall post a conspicuous and durable sign of at least 11 x 17 inches in size on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Ala. Code § 35-4-8 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-8
Section 35-4-8 Posthumous Children Included in “Heirs,” “Issue,” or “Children.”
Status: in_force

Where a future estate is limited to “heirs,” “issue,” or “children,” posthumous children are entitled to take the estate in the same manner as if born before the death of the parent. Any future estate depending upon the death of a person without heirs, issue, or children is defeated by the birth of a posthumous child of such person capable of taking by descent.
Ala. Code § 35-11-413 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-413
Section 35-11-413 Jurisdiction; How Action Commenced
Status: in_force

Actions for the enforcement of liens under this division may be brought in the circuit court in the county in which the property is situated. Such action shall be commenced by summons and complaint. The plaintiff may by one complaint enforce his lien as to each and every parcel of land embraced in one contract with the owner or proprietor of the lands involved.
Ala. Code § 35-8A-215 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-215
Section 35-8A-215 Use for Sales Purposes
Status: reserved

A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner, he or she ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state law, and to local ordinances.
Ala. Code § 35-1-5 — Alabama Code / Title 35 / Chapter 1 / Section 35-1-5
Section 35-1-5 Display of United States Flag
Status: in_force

(a) Notwithstanding any covenant, contract, or restriction to the contrary, a person may exhibit or display on his or her property a current flag of the United States not to exceed 40 square feet in size.

(b) Any covenant, contract, or restriction that prohibits a person from flying the flag of the United States on his or her property in accordance with subsection (a), whether adopted before or after May 21, 2009, is void as a violation of public policy.
Ala. Code § 35-9A-441 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-441
Section 35-9A-441 Periodic Tenancy; Holdover Remedies
Status: in_force

(a) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least seven days before the termination date specified in the notice.

(b) The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least 30 days before the periodic rental date specified in the notice.

(c) If a tenant remains in possession without the landlord’s consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant’s holdover is willful and not in good faith the landlord may also recover an amount equal to not more than three month’s periodic rent or the actual damages sustained by the landlord, whichever is greater, and reasonable attorney’s fees. If the landlord consents to the tenant’s continued occupancy, subsection (d) of Section 35-9A-161 applies.
Ala. Code § 35-11-415 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-415
Section 35-11-415 Actions Against Personal Representatives
Status: in_force

The provisions of this Code prohibiting the bringing of actions against personal representatives within six months after the granting of letters shall not apply to actions brought under the provisions of this division.
Ala. Code § 35-4-190 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-190
Section 35-4-190 Duty of Court to Ascertain Present Value and Make Payment
Status: in_force

Excepting in cases where the dower interest of the widow of a decedent is sold during process of administration of such decedent’s estate, in all cases where lands are sold for division among joint owners or tenants in common and where lands are taken under the power of eminent domain, and one or more persons own a dower or life interest in the whole or in an undivided interest in such lands, the court having jurisdiction of the action in which such lands are sold or taken, as aforesaid, after the proceeds are paid into court, shall, upon the sworn application of any person owning such dower interest or life interest, or any remainder or reversionary interest therein, ascertain the present value of such dower or life estate and pay to the owner of such dower or life interest in cash the value of such interest, the remainder to be paid to the reversioners or remaindermen.
Ala. Code § 35-9A-104 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-104
Section 35-9A-104 Construction Against Implicit Repeal
Status: reserved

This chapter being a general act intended as a unified coverage of its subject matter, no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.
Ala. Code § 35-11-450 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-450
Section 35-11-450 Definitions
Status: in_force

As used in this division the following terms have the following meanings:

(1) BROKER. A broker as defined in Section 34-27-2.

(2) CLIENT. A person or entity having an interest in commercial real estate that has entered into a written brokerage or agency agreement with a real estate broker relative to the commercial real estate.

(3) COMMERCIAL REAL ESTATE. Any real estate including real estate classified as agricultural for tax assessment purposes other than real estate containing one to four residential units. Commercial real estate does not include single-family residential units such as condominiums, townhomes, mobile homes, residential lots, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis even though these units may be part of a larger building or parcel or real estate containing more than four residential units. For all purposes of this division, commercial real estate does not include, and this division shall not apply to, and no lien shall arise under this division against, any property or any interest therein, which is sold, leased, or otherwise conveyed to a governmental entity or to a utility, or to any subsidiary or affiliate thereof.

(4) CONVEYANCE. A sale, lease, or other transfer of commercial real estate.

(5) REAL ESTATE. Real property as defined in subdivision (7) of Section 1-1-1.
Ala. Code § 35-12-6 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-6
Section 35-12-6 Disposition of Unclaimed Articles Left for Service
Status: in_force

Any person who is regularly engaged in the business of performing services upon articles left in his or her custody for that purpose may, subject to the provisions of this section, make disposition of such articles in any manner he or she sees fit after notice to the owner 10 days prior to the disposition. The notice may be made by letter mailed to the owner’s last known address, by advertisement in a local newspaper of general circulation, or by posting at the courthouse. The person shall not incur any liability to owners thereof, if the articles have been unclaimed after certain periods of time as herein defined.

(1) Any automobile, truck, tractor, motorcycle, bicycle, agricultural or construction machinery, lawn mower, bush hog, or any other type of vehicular equipment must be retained for at least one year.

(2) All laundry, dry cleaning, or clothing of any type must be retained for at least one year.

(3) All televisions, radios, irons, kitchen appliances, and all other appliances of any type must be retained for at least three months.

(4) All articles not included above must be retained for at least six months.
Ala. Code § 35-6-111 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-111
Section 35-6-111 Contents of Application
Status: in_force

Such application must set forth the names, ages, and places of residence of all the persons interested in the crops, the location, value, and description of the crops, the number of shares into which it is sought to divide them, the interest of each person therein, and who is in the actual possession thereof; and it must be sworn to by the applicant, his agent, or attorney.
Ala. Code § 35-2-1 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-1
Section 35-2-1 System Designated; State Divided into East and West Zones
Status: in_force

The system of plane coordinates which has been established by the United States coast and geodetic survey for defining and stating the positions or locations of points on the surface of the earth within the State of Alabama is hereafter to be known and designated as the “Alabama coordinate system.” For the purpose of the use of this system the state is divided into an “east zone” and a “west zone.” The area now included in the following counties shall constitute the east zone: Barbour, Bullock, Calhoun, Chambers, Cherokee, Clay, Cleburne, Coffee, Coosa, Covington, Crenshaw, Dale, DeKalb, Elmore, Etowah, Geneva, Henry, Houston, Jackson, Lee, Macon, Madison, Marshall, Montgomery, Pike, Randolph, Russell, Saint Clair, Talladega, and Tallapoosa. The area now included in the following counties shall constitute the west zone: Autauga, Baldwin, Bibb, Blount, Butler, Chilton, Choctaw, Clarke, Colbert, Conecuh, Cullman, Dallas, Escambia, Fayette, Franklin, Greene, Hale, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Lowndes, Marengo, Marion, Mobile, Monroe, Morgan, Perry, Pickens, Shelby, Sumter, Tuscaloosa, Walker, Washington, Wilcox, and Winston.
Ala. Code § 35-15-40 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-40
Section 35-15-40 Liability of Landowners Who Lease Property for Hunting or Fishing Purposes
Status: in_force

(a) This section shall be known and may be cited as the Landowners Protection Act.

(b) A landowner who leases property for hunting or fishing purposes shall not be liable for any damages to any person based on the use of the leased property for hunting or fishing purposes.

(c) Subsection (b) does not prevent or limit the liability of a landowner who does either of the following:

(1) Has actual knowledge at the time of the lease of a dangerous condition existing on the land that is not open and obvious, and does not make the danger known to the lessee, and the danger proximately causes injury, damage, or death to a person rightfully using the land pursuant to the lease.

(2) Intentionally or willfully causes an injury to a person rightfully using the land pursuant to the lease.

(d) Subsection (b) does not enlarge or diminish the open and obvious doctrine.

(e) This section shall not affect the liability of a third party leasing the land.
Ala. Code § 35-4-95 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-95
Section 35-4-95 Effect of Loans of Personal Property Not in Writing
Status: in_force

All loans of personal property, not in writing, vest an absolute estate in the person in possession under such loan, as to purchasers and creditors of such person, after three years from the commencement of such loan, unless within that time the lender commences a civil action, in good faith, for the recovery of the property.
Ala. Code § 35-4A-4 — Alabama Code / Title 35 / Chapter 4A / Section 35-4A-4
Section 35-4A-4 Reformation
Status: in_force

Upon the petition of an interested person, a circuit court shall reform a disposition in the manner that most closely approximates the transferor’s manifested plan of distribution and is within the 100 years allowed by Section 35-4A-2(a)(2), (b)(2), or (c)(2) or the 360 years allowed by Section 35-4A-5(9) if:

(1) a nonvested property interest or a power of appointment becomes invalid under Section 35-4A-2 (statutory rule against perpetuities);

(2) a class gift is not but might become invalid under Section 35-4A-2 (statutory rule against perpetuities) and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or

(3) a nonvested property interest that is not validated by Section 35-4A-2(a)(1) can vest but not within 100 years after its creation or in the case of a trust which meets the requirements of Section 35-4A-5(9), 360 years of its creation.
Ala. Code § 35-16-2 — Alabama Code / Title 35 / Chapter 16 / Section 35-16-2
Section 35-16-2 Annuity Tables as Evidence
Status: in_force

Annuity tables computed, compiled, printed, and published as provided in section 35-16-1 shall be received in all courts of this state as evidence of the facts therein stated, but nothing contained in this chapter shall affect the admissibility of other competent evidence when offered in a lawful and proper manner.
Ala. Code § 35-6-41 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-41
Section 35-6-41 Partition of Land Lying Partly in Different Counties
Status: in_force

When partition is sought of a tract of land lying partly in different counties, the application may be made to the probate court of either county, and the partition shall be made at the courthouse of the county of the judge of such court; and when made, the judge of such court shall, on demand and payment of lawful fees therefor, furnish to each party in interest a certificate, under his official seal, of the lots or parcels allotted to him, and the book and page where the proceedings are recorded; and the record of such certificate in the proper office of the county in which such lots or parcels, or any part thereof, lie, shall operate as notice of its contents.
Ala. Code § 35-8A-315 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-315
Section 35-8A-315 Assessments for Common Expenses
Status: in_force

(a) Until the association makes a common expense assessment, the declarant must pay all common expenses. After any assessment has been made by the association, assessments must be made at least annually, based on a budget adopted at least annually by the association.

(b) Except for assessments under subsections (c), (d), and (e), all common expenses must be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to Section 35-8A-207(a) and (b). Any past due common expense assessment or installment thereof bears interest at the rate established by the association not exceeding 18 percent per year.

(c) To the extent required by the declaration:

(1) Any common expense associated with the maintenance, repair, or replacement of a limited common element must be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;

(2) Any common expense or portion thereof benefiting fewer than all of the units must be assessed exclusively against the units benefited; and

(3) The costs of insurance must be assessed in proportion to risk and the costs of utilities may be assessed in proportion to usage.

(d) Assessments to pay a judgment against the association under Section 35-8A-317(a) may be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.

(e) If any common expense is caused by the misconduct of any unit owner or such unit owner’s invitee, the association may assess that expense exclusively against his or her unit after notice and an opportunity to be heard.

(f) If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.

(g) All assessments, including utilities, fees, and other charges shall also constitute the personal obligation of the unit owner to the association.

(h) No unit owner other than the association shall be exempted from any liability for any assessment under this code section or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her unit or any part of the common elements.
Ala. Code § 35-15-23 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-23
Section 35-15-23 Limitations on Legal Liability of Owner
Status: in_force

Except as expressly provided in this article, an owner of outdoor recreational land who either invites or permits non-commercial public recreational use of such land does not by invitation or permission thereby:

(1) Extend any assurance that the outdoor recreational land is safe for any purpose;

(2) Assume responsibility for or incur legal liability for any injury to the person or property owned or controlled by a person as a result of the entry on or use of such land by such person for any recreational purpose; or

(3) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.
Ala. Code § 35-5A-7 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-7
Section 35-5A-7 Other Transfer by Fiduciary
Status: in_force

(a) Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to Section 35-5A-10, in the absence of a will or under a will or trust that does not contain an authorization to do so.

(b) Subject to subsection (c), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 35-5A-10.

(c) A transfer under subsection (a) or (b) may be made only if (1) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor, (2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, and (3) transfers to a custodian for the benefit of a minor do not exceed $10,000 in aggregated value.
Ala. Code § 35-4-258 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-258
Section 35-4-258 Trust Estate Not Descendible Upon Death of Trustee
Status: in_force

Transferred to Section 19-3B-1303 effective January 1, 2007
Ala. Code § 35-4-29 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-29
Section 35-4-29 Form of Acknowledgment
Status: in_force

The following are substantially the forms of acknowledgment to be used in this state, on conveyances and instruments of every description admitted to record: ACKNOWLEDGMENT FOR INDIVIDUAL The State of ________} ____________County} I (name and style of officer) hereby certify that ______ whose name is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he executed the same voluntarily on the day the same bears date. Given under my hand this _____ day of _____, A. D. 20__. A. B. Judge, etc. (or as the case may be) ACKNOWLEDGMENT FOR CORPORATION The State of ________} ____________County} I, _____, a ______ in and for said County in said State, hereby certify that _____ whose name as _____ of the _____, a corporation, is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand this the _____ day of _____, 20__ _________ (Style of Officer) ACKNOWLEDGMENT FOR AN OFFICIAL OR OTHER PERSON IN REPRESENTATIVE CAPACITY The State of ________} ____________County} I, _____, a _____, in and for said County in said State, hereby certify that _____, whose name as _____ (here state representative capacity) is signed to the foregoing conveyance and who is known to me, acknowledged before me on this day that, being informed of the contents of the conveyance, he, in his capacity as such ______, executed the same voluntarily on the day the same bears date. Given under my hand this the _____ day of _____, 20__ _________ (Style of Officer) ACKNOWLEDGMENT FOR CORPORATION, IN REPRESENTATIVE CAPACITY The State of ________} ____________County} I, _____, a _____ in and for said County, in said State, hereby certify that _____ whose name as _____ of _____, a corporation as _____ of the estate of _____ (or as the case may be) is signed to the foregoing _____, and who is known to me, acknowledged before me on this day, that being informed of the contents of said _____, he, as such officer, and with full authority, executed the same voluntarily for and as the act of said corporation, acting in its capacity as _____ as aforesaid.
Ala. Code § 35-9-36 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-36
Section 35-9-36 Issuance and Return of Attachment; Trial; Property Leviable
Status: in_force

Such attachment may be issued by any officer authorized to issue attachment in other cases, and made returnable before any court of competent jurisdiction, and must be tried in the same manner, and upon the same notice, as other attachment proceedings are tried, and may be levied on the crop, or the proceeds thereof, and on the articles advanced, and property purchased with money advanced or obtained by barter in exchange for articles advanced.
Ala. Code § 35-6-62 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-62
Section 35-6-62 Sale Instead of Partition - Decree and Orders; Appointment of Commissioner; Conduct of Sale
Status: in_force

If, upon the hearing, the court is satisfied from the proof that such property cannot be equitably divided or partitioned among the parties in interest, it must decree the same to be sold, and make and issue all such orders as may be necessary to effect the sale thereof, and appoint a suitable commissioner to make the sale; and the sale shall be conducted, the purchase money collected, conveyance of the title made and all proceedings subsequent to the sale conducted in every respect as is done when property in the hands of an executor or administrator is to be distributed.
Ala. Code § 35-8A-208 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-208
Section 35-8A-208 Limited Common Elements
Status: in_force

(a) Except for the limited common elements described in Section 35-8A-202(2) and (4), the declaration must specify to which unit or units each limited common element is allocated. An allocation may not be altered without the consent of the association and the unit owners whose units are affected by the amendment.

(b) Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The association shall prepare, execute, and record the amendment which is subject to Section 35-8A-217(e), and the cost shall be borne by the unit owners executing the amendment. The amendment shall be recorded and indexed in the names of the unit owners executing the amendment, the condominium, and the association.

(c) A common element not previously allocated as a limited common element may not be so allocated except pursuant to provisions in the declaration made in accordance with Section 35-8A-205(a)(7). The allocations must be made by amendments to the declaration.
Ala. Code § 35-4-61 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-61
Section 35-4-61 Liability of Probate Judge for Failure to Perform Duties Generally
Status: in_force

If any judge of probate neglects or refuses to perform any of the duties required by this division, he is liable to a civil action for damages to the party injured and also to a penalty of $200.00, which may be sued for by the county treasurer for the use of the county or in his own name by the party aggrieved, for the joint use of himself and the county.
Ala. Code § 35-4A-1 — Alabama Code / Title 35 / Chapter 4A / Section 35-4A-1
Section 35-4A-1 Short Title
Status: in_force

This chapter may be cited as the Alabama Uniform Statutory Rule Against Perpetuities.
Ala. Code § 35-11-47 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-47
Section 35-11-47 Fees
Status: in_force

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is:

(1) For a lien on real estate, the same as the then applicable uniform fee for filing and indexing financing statements pursuant to Section 7-9A-525 of the Uniform Commercial Code;

(2) For a lien on tangible and intangible personal property, the same as the then applicable uniform fee for filing and indexing financing statements established by Section 7-9A-525 of the Uniform Commercial Code;

(3) For a certificate of discharge or subordination of a lien filed under subdivision (1) or (2) prior to July 1, 2000 --$5 for the first page and $1 for each additional page;

(4) For a certificate of discharge or subordination of a lien filed under subdivision (1) or (2) on or after July 1, 2000 --no fee; and

(5) For all other notices, including a certificate of release or nonattachment --$5 for the first page and $1 for each additional page.

For purposes of this section, any notice or other document filed under the Alabama Uniform Federal Lien Registration Act pursuant to federal law or federal regulation shall be deemed to be in the standard form prescribed by the Secretary of State. Only those fees specifically enumerated in Section 7-9A-525 of the Uniform Commercial Code shall be charged.
Ala. Code § 35-9A-121 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-121
Section 35-9A-121 Territorial Application
Status: in_force

This chapter applies to and is the exclusive remedy to regulate and determine rights, obligations, and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. No resolution or ordinance relative to residential landlords, rental housing codes, or the rights and obligations governing residential landlord and tenant relationships shall be enacted or enforced by any county or municipality, and any such resolution or ordinance enacted both prior to or after January 1, 2007, is superseded by this chapter. Notwithstanding these provisions, a county or municipality may enact and enforce building codes, health codes, and other general laws that affect rental property provided that such codes equally affect similarly situated owner-occupied residential property.
Ala. Code § 35-11-411 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-411
Section 35-11-411 Priority of Lien
Status: in_force

Such lien as to the land and buildings and improvements thereon shall have priority over all other liens, mortgages, or encumbrances created subsequent to the commencement of the work on any such street, avenue, alley, or any other public way.
Ala. Code § 35-2-20 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-20
Section 35-2-20 Creation and Purpose
Status: in_force

There is hereby created, in the state Department of Conservation and Natural Resources, a division of land surveys, for the purpose of establishing, maintaining, and preserving the land monuments, section corners, and other physical accessories of the United States public land survey within Alabama and the field notes and plats and other documents connected therewith.
Ala. Code § 35-6A-12 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-12
Section 35-6A-12 Effect on Mortgage, Lien, or Obligation
Status: in_force

A partition, sale or other disposition of property pursuant to this chapter shall not affect or displace a mortgage or other lien on the property, and shall not affect or displace the obligations of any person who is a party to the mortgage or other lien or who is obligated on any note or other agreement secured by the mortgage or other lien.
Ala. Code § 35-11-351 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-351
Section 35-11-351 Enforcement of Lien
Status: in_force

Such lien may be enforced by attachment upon the grounds and in the manner provided for the enforcement of the landlord’s lien on crops grown on rented lands; but this section shall not prevent the enforcement of such lien by any other remedy.
Ala. Code § 35-4-9 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-9
Section 35-4-9 Ownership of Title Instruments
Status: in_force

Instruments essential to the title of real property and which are not kept in a public office, as a record, pursuant to law, belong to the person in whom for the time being such title may be vested and pass with the title.
Ala. Code § 35-9A-603 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-603
Section 35-9A-603 Severability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Ala. Code § 35-8A-305 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-305
Section 35-8A-305 Termination of Contracts and Leases of Declarant
Status: in_force

If entered into before the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office: (i) any management contract, employment contract, or lease of recreational or parking areas or facilities; (ii) any other contract or lease between the association and a declarant or an affiliate of a declarant; or (iii) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association during the current term of the contract or lease after the board elected by the unit owners pursuant to Section 35-8A-303(f) takes office upon not less than 90 days’ notice to the other party. This section does not apply to any lease the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section.
Ala. Code § 35-4-433 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-433
Section 35-4-433 Liability for Violations
Status: in_force

(a) Any person who records or enters into an agreement imposing a private transfer fee obligation in his or her favor after May 25, 2011, shall be liable for:

(1) Any and all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including, but not limited to, the amount of any transfer fee paid by a party to the transfer.

(2) All attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title.

(b) Where an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent.
Ala. Code § 35-4-391 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-391
Section 35-4-391 Conveyances in Cases of Lost Deeds or Adverse Possession
Status: in_force

When it is made to appear to the satisfaction of the Attorney General, by the owner or claimant of any land owned or claimed by the state, that such land has been previously conveyed by the state, and the original conveyance or a duly certified copy thereof cannot be located or obtained, or that the state has lost its interest in such land by adverse possession, a conveyance may be executed to the purchaser, owner, or claimant in the manner authorized in Section 35-4-385.
Ala. Code § 35-9-31 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-31
Section 35-9-31 Maturity of Rent and Advances
Status: in_force

Unless otherwise stipulated, such rent and advances shall become due and payable on November 1 of the year in which the crop is grown.
Ala. Code § 35-2-38 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-38
Section 35-2-38 Extent of Surveys or Resurveys Authorized by Article
Status: in_force

This article shall not be construed as to authorize or require the division of land surveys to survey or resurvey the entire State of Alabama. However, the division may perform such surveys as it may, from time to time, deem necessary to fulfill the purposes of this article.
Ala. Code § 35-11-21 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-21
Section 35-11-21 Enforcement
Status: in_force

For the enforcement of such lien, the owners of such land or their assignees, may have process of attachment from any court having jurisdiction of the amount claimed leviable upon the timber upon which the lien exists:

(1) When such claim is due and the defendant, on demand, fails or refuses to pay the same.

(2) Whether such claim is due or not, when the defendant has removed any part of such timber from such land without paying the stipulated price, or the value thereof, when no price has been stipulated, and without the consent of the owners of such lands, or, if the claim has been assigned, without the consent of the assignee.

(3) Whether such claim is due or not, when the plaintiff has good cause to believe that the defendant is about to remove any part of such timber from such land without paying the stipulated price thereof, or, in the event no price has been stipulated, the value thereof, and without the consent of the owners of such lands, or, if the claim has been assigned, without the consent of the assignee.
Ala. Code § 35-10-7 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-7
Section 35-10-7 Sale to Be Held in County Where Property Situated
Status: in_force

All sales of real estate, under powers of sale contained in mortgages and deeds of trust shall be held in the county where all or part of said real estate is situated.
Ala. Code § 35-16-3 — Alabama Code / Title 35 / Chapter 16 / Section 35-16-3
Section 35-16-3 Publication of Mortality Tables
Status: in_force

The superintendent of insurance shall, within 10 days after final adjournment of each regular session of the Legislature, cause to be delivered to the Secretary of State the then current American experience and commissioners standard ordinary mortality tables, which the Secretary of State shall cause to be printed in the bound volume of the acts of the Legislature.
Ala. Code § 35-4-388 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-388
Section 35-4-388 When Purchaser Entitled to Receive Patent
Status: in_force

All purchasers of real property belonging to this state, their heirs and assigns, except in cases otherwise provided by this Code, are entitled to receive a patent therefor on producing to the Secretary of State a certificate signed by the State Treasurer that the amount due for such real estate has been paid into the State Treasury.
Ala. Code § 35-6-114 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-114
Section 35-6-114 When Sheriff Ordered to Take Possession of Crops; Forthcoming Bond
Status: in_force

(a) If, at the time of filing such application, or afterwards, any party interested in the crops, his agent or attorney, makes affidavit before the judge of probate that he has cause to believe that the crops, or any portion thereof, will be removed, sold, consumed, or destroyed before they can be divided, and gives bond, with sufficient surety, in double the value of the property to be divided, payable to the defendant or defendants, with condition to pay all costs and damages that may accrue from the wrongful filing of the application, the court shall order the sheriff to take possession of such crops, and to safely keep the same until final disposition thereof shall be made by the court, unless the other parties in interest, or some of them, give bond, with sufficient surety, to be approved by the sheriff, in double the value of the shares of those complaining, with condition for the delivery of such crops to the sheriff within five days after judgment, or, in case of default, to pay those entitled the value of their interest in the crops, together with all costs and damages for the detention of the same; and if the crops are not delivered according to the condition of the bond, any of the parties in interest may sue on the bond, jointly or severally, in the name of the sheriff for their use, and recover the value of their interests in the crops, and the costs and damages resulting from the detention.

(b) If a forthcoming bond is given under subsection (a) of this section and the crops are not delivered to the sheriff, as required by its condition, the sheriff must endorse on the bond the failure to deliver such crops to him, and must return the same to the judge of probate.
Ala. Code § 35-4-253 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-253
Section 35-4-253 Application of Income for Accumulation to Support of Minor
Status: reserved

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
Ala. Code § 35-8A-317 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-317
Section 35-8A-317 Other Liens Affecting the Condominium
Status: in_force

(a) Except as provided in subsection (b), a judgment for money against the association if recorded is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.

(b) If the association has granted a security interest in the common elements to a creditor of the association pursuant to Section 35-8A-312, the holder of that security interest shall exercise its right against the common elements before its judgment lien on any unit may be enforced.

(c) Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his or her unit, and the lienholder, upon receipt of payment, promptly shall deliver a release of the lien covering that unit. The amount of the payment must be proportionate to the ratio which that unit owner’s common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner’s unit for any portion of the common expenses incurred in connection with that lien.

(d) A judgment against the association must be indexed in the name of the condominium and the association and, when so indexed, is notice of the lien against the units.
Ala. Code § 35-12-76 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-76
Section 35-12-76 Report of Abandoned Property. (Amended by Act 2026-285)
Status: in_force

AMENDED BY ACT 2026-285, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE.

(a) A holder of property presumed abandoned shall make a report to the Treasurer concerning the property. The report shall be filed electronically and the monies remitted electronically. The Treasurer may grant an exception upon written request as established by rule. A report should contain only tangible property or intangible property. If a holder possesses both property types, two reports shall be filed.

(b) The report must be verified, balanced, and must contain, at a minimum, all of the following:

(1) A description of the property.

(2) The date, if any, on which the property became payable, demandable, or returnable, and the date of the last transaction with the apparent owner with respect to the property.

(3) Other information that the Treasurer by rule prescribes as necessary for the administration of this article.

(4) Except with respect to a traveler’s check, money order, or State of Alabama issued payment instruments, the name, if known, the last known address, if any, and the Social Security number or taxpayer identification number, if readily ascertainable, of the apparent owner of property in an amount greater than the aggregate amount established by rule.

(5) In the case of property held or owing under an annuity or a life or endowment insurance policy, the policy number, the full name, Social Security number, if known, date of birth, if known, and last known address, of the annuitant or insured and of the beneficiary.

(6) In the case of expired State of Alabama issued warrants or other payment instruments, the full name of the owner/payee, warrant or account number, date of issuance, owner address, and Social Security number, if known.

(7) In the case of property held in a safe deposit box or other safekeeping depository, an indication of the place where it was held, the full name and last known address of the apparent owner, and any amounts owing to the holder.

(8) In the case of individual items valued under fifty dollars ($50), or a greater amount if established by rule, an aggregated amount.

(c) The report shall be filed before November 1 of each year and cover the 12 months next preceding July 1 of that year.

(d) The holder shall send written notice to the apparent owner, not less than 60 days before filing the report, stating that the holder is in possession of property subject to this article, if all of the following requirements are met:

(1) The holder has in its records an address for the apparent owner which the holder’s records do not disclose to be inaccurate.

(2) The claim of the apparent owner is not barred by a statute of limitations.

(3) The value of the property is fifty dollars ($50) or a greater amount as established by rule.

(e) State of Alabama issued warrants or other payment instruments outstanding and unpaid are void and transferred to the Unclaimed Property Reserve Fund pursuant to Section 41-4-60. Therefore, subsection (d) does not apply.

(f) Before the date for filing the report, the holder may request the Treasurer to extend the time for filing the report. The Treasurer may grant the extension for good cause. The holder, upon receipt of the extension, may make an interim payment on the amount the holder estimates will ultimately be due, which terminates the accrual of penalties, if any, on the amount paid.
Ala. Code § 35-8A-302 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-302
Section 35-8A-302 Powers of Unit Owners’ Association
Status: in_force

(a) Except as provided in subsection (b), and subject to the provisions of the declaration, the association may:

(1) Adopt and amend bylaws and rules and regulations;

(2) Adopt and amend budgets for revenues, expenditures, and reserves and impose and collect assessments for common expenses from unit owners;

(3) Hire and discharge managing agents and other employees, agents, and independent contractors;

(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;

(5) Make contracts and incur liabilities;

(6) Regulate the use, maintenance, repair, replacement, and modification of common elements;

(7) Cause additional improvements to be made as a part of the common elements;

(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, but interests in the common elements other than those set forth in subdivision (9) may be conveyed or subjected to a security interest only pursuant to Section 35-8A-312;

(9) Grant easements, encroachments, leases, licenses, and concessions through or over the common elements;

(10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements described in Section 35-8A-202(2) and (4), and for services provided to unit owners;

(11) Impose against owners of units charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;

(12) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by Section 35-8A-409, or statements of unpaid assessments;

(13) Provide for the indemnification of its officers and board and maintain directors’ and officers’ liability insurance;

(14) Assign its right to future income, including the right to receive common expense assessments, but only to the extent the declaration expressly so provides, or as required to secure a loan that is otherwise allowed or provided for in the governing documents;

(15) Exercise any other powers conferred by the declaration or bylaws;

(16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and

(17) Exercise any other powers necessary and proper for the governance and operation of the association.

(b) The declaration may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.
Ala. Code § 35-12-51 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-51
Section 35-12-51 Reporting of Voided State of Alabama Issued Warrants
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-8A-210 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-210
Section 35-8A-210 Exercise of Development Rights
Status: reserved

(a) To exercise any development right reserved under Section 35-8A-205(a)(8), the declarant shall prepare, execute, and record an amendment to the declaration as specified in Section 35-8A-217 and comply with Section 35-8A-209. The declarant is the unit owner of any units thereby created. The amendment to the declaration must assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subdivision (2) of subsection (c), reallocate the allocated interests among all units. The amendment must describe any common elements and any limited common elements thereby created and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by Section 35-8A-208.

(b) Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by Section 35-8A-205 or 35-8A-206, as the case may be, and the plats and plans include all matters required by Section 35-8A-209. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to Section 35-8A-205(a)(8).

(c) Whenever a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:

(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration must reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain; and

(2) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration must reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.

(d) If the declaration provides, pursuant to Section 35-8A-205(a)(8), that all or a portion of the real estate is subject to the development right of withdrawal:

(1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and

(2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.
Ala. Code § 35-4-304 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-304
Section 35-4-304 Execution of Power by Surviving Donee
Status: in_force

When a power is vested in several persons and, previous to the execution, one or more of such persons dies, it may be executed by the survivor or survivors.
Ala. Code § 35-11-222 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-222
Section 35-11-222 How Action Commenced; Pleadings, Practice, and Proceedings
Status: in_force

Such actions, when brought in the circuit court, shall be commenced by summons and complaint. The complaint shall contain a description of the property on which the lien is claimed, and shall allege the facts necessary to entitle the plaintiff to the lien and the enforcement thereof; in all other respects, the pleadings, practice, and proceedings shall be the same as in ordinary civil actions.
Ala. Code § 35-4-76 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-76
Section 35-4-76 Limitations on Duration of Option to Purchase Land
Status: reserved

(a) No option to purchase any interest in land, other than an option limited in favor of a lessee and exercisable at a time not later than the end of the term of a lease or any extension or renewal thereof, or an option to repurchase reserved by the grantor in a deed, shall be valid or enforceable for a period of more than 20 years. If any such option may, by the terms of the instrument creating it, continue to exist for longer than 20 years, it shall terminate and cease to be enforceable 20 years after the time of its creation. Where the instrument creating any such option shall place no limit upon the duration of the option or otherwise state the terms controlling the duration of the option, the option shall cease to be enforceable two years after the time of its creation. This section shall not apply to options created prior to January 31, 1972.

(b) Where an option to purchase land, or any interest therein, or any renewal or extension of such option, has been recorded in the public records of land and one year has elapsed since the expiration of such option or renewal or extension thereof, according to the terms of the recorded instrument by which it was created, extended, or renewed, and no instrument of record gives notice that such option has been exercised, the instrument by which the option was created, renewed, or extended shall cease to be notice of the option, its renewal, or extension, nor shall any person be put on inquiry with respect to the exercise or existence of such option; provided, that this subsection shall become effective January 31, 1973.

(c) Subsection (b) of this section shall not apply where a person claiming an option is in possession of the land affected by the option.
Ala. Code § 35-11-212 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-212
Section 35-11-212 Building or Improvement on Leased Land
Status: in_force

(a) When the building or improvement is erected under or by virtue of any contract with a lessee in possession, and the erection thereof is not in violation of the terms or conditions of the lease, the lien shall attach to such building or improvement, and to the unexpired term of the lease, and the holder of the lien shall have the right to avoid a forfeiture of the lease by paying rent to the lessor, as it becomes due and payable, or by the performance of any other act or duty to which the lessee may be bound; and if the lien is enforced by a sale of the building or improvement, the purchaser may, at his election, become entitled to the possession of the demised premises, and to remain therein for the unexpired term, by paying rent to the lessor, or performing any other act or duty to which the lessee was bound, as if he were the assignee of the lease; or he may, within 60 days after the sale, remove such building or improvement from the premises; and if he elects to take possession and to remain therein until the expiration of the term of the lease, he may, within a reasonable time after the expiration of the term, remove such building or improvement from the premises. If, before a sale, the holder of the lien has made any payments of rent, or other pecuniary compensation to the lessor, which ought to have been paid by the lessee, he shall be reimbursed for such payments from the proceeds of the sale.

(b) When a lien attaches under subsection (a), the lessor, at any time before a sale of the property, shall have a right to discharge the same, by paying to the holder the amount secured thereby, including costs and all moneys he may have paid to the lessor to prevent a forfeiture of the lease, and, after a sale, he shall have the right to prevent the removal of the building or improvement from the premises by paying to the purchaser the value of such building or improvement; and upon such payment, either to the holder of the lien or to the purchaser, such building or improvement shall become the property of the lessor.