Ala. Code § 35-4-380 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-380
Section 35-4-380 Lease of Salt Springs, Etc
Status: in_force

(a) The Commissioner of Conservation and Natural Resources by and with the approval of the Governor may lease the salt springs and lands granted to the state under the second clause of the sixth section of the act of Congress of March 2, 1819, to the best advantage, in conformity with the provisions of the grant or any amendment thereto, and may sell the timber on said lands or any part thereof whenever he shall deem it to the best interest of the state to do so.

(b) The Commissioner of Conservation and Natural Resources, by and with the approval of the Governor, on behalf of the state, is hereby authorized to lease upon such terms as he may approve, the lands granted to the state under the second clause of the sixth section of the act of Congress of March 2, 1819, or any right or interest therein for the purpose of exploring for and mining or producing therefrom oil, gas, or other minerals.

(c) If oil, gas, or other minerals or products are mined, produced, or taken from any of the lands mentioned in subsection (a) hereof, the state’s share of such production which may accrue to it under the terms of the leases authorized in this article may be taken in kind and sold on such terms as the Commissioner of Conservation and Natural Resources may deem to be to the best interest of the state, which delivery in kind and sale shall be approved in writing by the Governor.
Ala. Code § 35-11-350 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-350
Section 35-11-350 Lien Declared
Status: in_force

Persons farming on shares, or raising crops by joint contributions, in such manner as to make them tenants in common in such crops, or their assignees, shall each have a lien upon the interest of the other in such crops for any balance due for provisions, supplies, teams, materials, labor, services, and money, or either, furnished to aid in cultivating and gathering such crops, under contract, or furnished when the interest of such crops requires it, in case of a failure of either to contribute the amount and means as agreed upon by the parties.
Ala. Code § 35-2-51 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-51
Section 35-2-51 Certification, Acknowledgment, and Recordation of Plat or Map; Copies as Evidence; Conveyance
Status: in_force

(a) The plat or map having been completed shall be certified by the surveyor, which certificate must also be signed by the owner, his duly authorized agent or attorney, executor, administrator, or guardian and acknowledged by such owner, agent, or attorney, in the same manner in which deeds are required to be acknowledged. The plat or map, together with the certificate of the surveyor and acknowledgment, shall be recorded in the office of the judge of probate in the county in which the lands are situated, in a suitable book to be kept for that purpose; and such acknowledgment and record shall have like effect and certified copies thereof and of such plat or map may be used in evidence to the same extent and with like effect as in the case of deeds.

(b) The acknowledgment and recording of such plat or map shall be held to be a conveyance in fee simple of such portion of the premises platted as are marked or noted on such plat or map as donated or granted to the public, and the premises intended for any street, alleyway, common or other public use, as shown in such plat or map, shall be held in trust for the uses and purposes intended or set forth in such plat or map.
Ala. Code § 35-6-48 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-48
Section 35-6-48 Determination and Statement by Commissioners
Status: in_force

On the day designated, the commissioners must, in the presence of the judge of probate, determine by lot to whom each of the several parcels belongs, and make a statement in writing of the result, setting forth to whom the several parcels or lots were allotted, together with all the facts relating to the partition and allotment, which must be signed by them, and attested by the judge of probate.
Ala. Code § 35-8A-415 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-415
Section 35-8A-415 Labeling of Promotional Material
Status: in_force

No promotional material may be displayed or delivered to prospective purchasers which describes or portrays an improvement that the declarant is not obligated to build unless the description or portrayal of the improvement that is not in existence and is displayed in the promotional material is conspicuously labeled or identified as, “NEED NOT BE BUILT.”
Ala. Code § 35-4-363 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-363
Section 35-4-363 When Standing Timber and Trees, Etc., Deemed Chattels
Status: in_force

All standing timber and trees, and cutting rights with respect thereto, while owned by or mortgaged to anyone other than the owner of the land upon which such timber or trees are located, under or by virtue of any conveyance, mortgage, or other instrument executed hereafter by the owner or owners of the entire fee simple title to the timber or trees or by the owner or owners of the full cutting rights with respect thereto shall be and shall be considered as chattels and not real property, or any interest therein, in all instances where the right or obligation to cut and remove such timber or trees is limited to a period not exceeding 10 years from the date of the conveyance, mortgage, or other instrument transferring such timber or trees, or rights with respect thereto.
Ala. Code § 35-4-320 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-320
Section 35-4-320 Personal Representative Authorized to Make Conveyance
Status: in_force

In all cases of written agreements or contracts for the conveyance of lands in this state, where the person executing the same dies before the execution of the conveyance, the personal representative of such person may execute such conveyance according to the forms prescribed by law for the conveyance of real estate to the person to whom such agreement or contract was made, his heirs or assigns.
Ala. Code § 35-9A-401 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-401
Section 35-9A-401 Noncompliance by the Landlord
Status: in_force

(a) Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 35-9A-204 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 14 days after receipt of the notice if the breach is not remedied within that period, and the rental agreement shall terminate as provided in the notice subject to the following:

(1) if the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.

(2) the tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant’s family, a licensee, or other person on the premises with the tenant’s consent.

(b) Except as provided in this chapter, the tenant may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the landlord with the rental agreement or Section 35-9A-204.

(c) The remedy provided in subsection (b) is in addition to any right of the tenant arising under subsection (a).

(d) If the rental agreement is terminated pursuant to this section, the landlord shall return all security recoverable by the tenant under Section 35-9A-201 and all unearned prepaid rent.
Ala. Code § 35-4-21 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-21
Section 35-4-21 Seal Unnecessary
Status: in_force

A seal is not necessary to convey the legal title to land to enable the grantee to bring a civil action. Any instrument in writing, signed by the grantor or his agent having a written authority, is effectual to transfer the legal title to the grantee, if such was the intention of the grantor, to be collected from the entire instrument.
Ala. Code § 35-9A-302 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-302
Section 35-9A-302 Rules and Regulations
Status: in_force

(a) “Rules” or “regulations” pertaining to a residential lease are defined as policies of the landlord affecting the maintenance, operation, or governance of the common areas of the premises, or concerning the general conduct of tenants in their use and enjoyment of the leased premises.

(b) A landlord, from time to time, may adopt a rule or regulation. It is enforceable against the tenant only if:

(1) its purpose is to promote the convenience, safety, or welfare of the tenants in the premises, preserve the landlord’s property from abusive use, or make a fair distribution of services and facilities held out for the tenants generally;

(2) it is reasonably related to the purpose of which it is adopted;

(3) it applies to all tenants in the premises in a fair manner;

(4) it is sufficiently explicit in its prohibition, direction, or limitation of the tenant’s conduct to fairly inform the tenant of what the tenant must or must not do to comply;

(5) it is not for the purpose of evading the obligations of the landlord; and

(6) the tenant has notice of it at the time the tenant enters into the rental agreement, or when it is adopted.

(c) If a rule or regulation is adopted after the tenant enters into the rental agreement that works a substantial modification of the tenant’s use of the leased premises, it is not valid unless the tenant consents to it in writing. In the case of any variance between the lease and a rule or regulation, the lease prevails.
Ala. Code § 35-2-54 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-54
Section 35-2-54 Vacation of Streets or Alleys by Abutting Landowners
Status: in_force

Any street or alley shown by any map, plat, or survey, whether such map or plat is executed and recorded as provided by law or not, may be vacated, in whole or in part, by the owner or owners of the lands abutting the street or alley (or that portion of the street or alley desired to be vacated), or their executors, administrators, or guardian, joining in a written instrument declaring the same to be vacated, such written instrument to be executed, acknowledged, and recorded in like manner as conveyances of land, which declaration being duly recorded shall operate to destroy the force and effect of the dedication by the map, plat, or survey and to divest all public rights, including any rights which may have been acquired by prescription, in that part of the street or alley so vacated. If any such street or alley is within the limits of any municipality, the assent of the mayor and aldermen or other governing body of the municipality must be procured, evidenced by a resolution adopted by such governing body, a copy of which, certified by the clerk or ministerial officer in charge of the records of the municipality must be attached to, filed, and recorded with the written declaration of vacation. Convenient means of ingress and egress to and from their property shall be afforded to all other property owners owning property in the tract of land embraced in the map, plat, or survey, either by the remaining streets and alleys dedicated by such map, plat, or survey or by any other street or alley being dedicated. If such street or alley has been or is being used as a public road and outside of any municipality, the assent of the county commission of the county in which the property is situated must be procured, evidenced by resolution adopted by such county commission, a copy of which, certified by the presiding officer thereof, must be attached thereto, filed and recorded with the declaration of vacation.
Ala. Code § 35-12-23 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-23
Section 35-12-23 Unclaimed Funds Held by Insurance Corporations
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-10-98 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-98
Section 35-10-98 Liability
Status: in_force

(a) Except as otherwise provided in subsection (b), a satisfaction agent or any other person who executes an affidavit of satisfaction of a security instrument erroneously or as a result of negligence or non-compliance with this article is liable to the secured creditor for any actual economic damages caused by the recording of the satisfaction.

(b) This article does not apply to the liability of a satisfaction agent who executes an affidavit of satisfaction of a security instrument erroneously as a result of wantonness, recklessness, or deliberate misconduct, nor does this article apply to the liability of a person other than a satisfaction agent who erroneously executes an affidavit of satisfaction.
Ala. Code § 35-6-55 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-55
Section 35-6-55 Partition Not Made When Adverse Claim or Title Asserted
Status: in_force

No division or partition or sale for distribution can be made under this article, in the probate court when an adverse claim or title is asserted by anyone, or brought to the knowledge of the commissioners, or of the judge of probate.
Ala. Code § 35-9A-122 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-122
Section 35-9A-122 Exclusions from Application of Chapter
Status: in_force

Unless created to avoid the application of this chapter, the following arrangements are not governed by this chapter:

(1) residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar service;

(2) occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to the interest of the purchaser;

(3) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

(4) transient occupancy in a hotel, motel, or lodgings;

(5) occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in and about the premises;

(6) occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;

(7) occupancy under a rental agreement covering premises rented by the occupant primarily for agricultural purposes;

(8) continuation of occupancy by the seller or a member of the seller’s family for a period of not more than 36 months after the sale of a dwelling unit or the property of which it is a part.
Ala. Code § 35-10A-1 — Alabama Code / Title 35 / Chapter 10A / Section 35-10A-1
Section 35-10A-1 Short Title
Status: in_force

This chapter may be referred to as the “Asset-Backed Securities Facilitation Act.” It is intended by the Legislature that the term “securitization transaction” be construed broadly.
Ala. Code § 35-5A-8 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-8
Section 35-5A-8 Transfer by Obligor
Status: in_force

(a) Subject to subsections (b) and (c), a person not subject to Section 35-5A-6 or 35-5A-7 who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 35-5A-10.

(b) If a person having the right to do so under Section 35-5A-4 has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.

(c) If no custodian has been nominated under Section 35-5A-4, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor’s family or to a trust company unless the property exceeds fifty thousand dollars ($50,000) in value.
Ala. Code § 35-11-95 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-95
Section 35-11-95 Property or Proceeds Subject to Garnishment
Status: in_force

All the property upon which a lien is created under the provisions of this division, or the proceeds thereof, in the hands of third parties, shall be subject to garnishment for the enforcement and satisfaction of such lien; and such garnishment, and the proceedings thereunder, shall be governed by the laws in force relating to other garnishments, so far as the same are applicable.
Ala. Code § 35-8-8 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-8
Section 35-8-8 Unit Deeds and Other Instruments
Status: in_force

(a) Prior to the conveyance of any unit, plans or other graphic description, certified by a licensed or registered engineer or architect, in sufficient detail to identify the common elements, limited common elements, and private elements comprising such unit as built, shall be recorded as a part of the declaration or as an amendment thereto. Such unit shall be identified by assigning a distinctive letter, number, or other means of identification by which it may be separately identified from the other units. Where the plans or other graphic description of two or more elements of any unit or units are identical, a single plan or other graphic description of such elements shall be sufficient to satisfy the requirements of this chapter.

(b) Prior to the conveyance of any unit, a copy of the bylaws and any amendments thereto shall be recorded in the same public records as the declaration and amendments thereto.

(c) A deed, mortgage, lease, or other instrument pertaining to a unit shall have the same force and effect in regard to such unit as would be given to a like instrument pertaining to other real property which has been similarly made, executed, acknowledged, and recorded. In addition to such other matters as may be desired, not inconsistent with this chapter or the declaration, a unit deed shall contain the following:

(1) The name of the condominium property as set forth in the declaration.

(2) The name of the county or counties in which the condominium property is located.

(3) The distinctive unit identification required by subsection (a) of this section, together with a reference to the recording office and the book and page where the declaration and bylaws and amendments thereto are recorded.

(4) A statement of the proportionate undivided interests in the common elements and limited common elements assigned to such unit or the method for determining such interests as set forth in the declaration or any amendments thereto.
Ala. Code § 35-10-8 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-8
Section 35-10-8 How Notice of Sale Given
Status: in_force

Notice of said sale shall be given in the manner provided in such mortgage or deed of trust or in this Code in the county where the mortgagor resides and the land, or a part thereof, is located; but, if said mortgagor does not reside in the county where the land or any part thereof is located, then such notice must be published in the county where said land, or any material part thereof, is located; provided, that notice of all sales under powers of sale contained in mortgages and deeds of trust executed after July 1, 1936, where the amount secured is $500.00 or more, shall be given by publication once a week for three successive weeks in some newspaper published in the county in which such land or any portion thereof is situated, and said notice of sale must give the time, place and terms of said sale, together with a description of the property to be sold.
Ala. Code § 35-9A-163 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-163
Section 35-9A-163 Prohibited Provisions in Rental Agreements
Status: in_force

(a) A rental agreement may not provide that the tenant:

(1) agrees to waive or forego rights or remedies established under Section 35-9A-204, 35-9A-401, or 35-9A-404, or requirements of security deposits established by this chapter or under the law of unlawful detainer;

(2) authorizes any person to confess judgment on a claim arising out of the rental agreement;

(3) agrees to pay the landlord’s attorney’s fees or cost of collection; or

(4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.

(b) A provision prohibited by subsection (a) included in a rental agreement is unenforceable. If a landlord seeks to enforce a provision in a rental agreement containing provisions known by the landlord to be prohibited, the tenant may recover in addition to actual damages an amount up to one month’s periodic rent and reasonable attorney’s fees.
Ala. Code § 35-2-25 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-25
Section 35-2-25 Advisory Board - Creation and Membership
Status: in_force

There is hereby created an advisory board to the division of land surveys, the membership of which shall consist of five members appointed by the Governor. One member shall be a landowner in the State of Alabama; two shall be registered land surveyors and members of the Alabama society of professional land surveyors within Alabama; one an Alabama professional engineer and registered land surveyor; and the fifth an Alabama citizen who is an attorney. All members except the landowner shall be appointed by the Governor from a list of three names for each position on the board submitted by the Alabama society of professional land surveyors.
Ala. Code § 35-12-74 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-74
Section 35-12-74 Rules for Taking Custody
Status: in_force

Except as otherwise provided in this article, or by other statute of this state, property that is presumed abandoned, whether located in this or another state, is subject to the custody of this state if any of the following occur:

(1) The last known address of the apparent owner, as shown on the records of the holder, is in this state.

(2) The records of the holder do not reflect the identity of the person entitled to the property and it is established that the last known address of the person entitled to the property is in this state.

(3) The records of the holder do not reflect the last known address of the apparent owner and it is established that:

a. The last known address of the person entitled to the property is in this state; or

b. The holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state and has not previously paid or delivered the property to the state of the last known address of the apparent owner or other person entitled to the property.

(4) The last known address of the apparent owner, as shown on the records of the holder, is in a state that does not provide for the escheat or custodial taking of the property and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state.

(5) The last known address of the apparent owner, as shown on the records of the holder, is in a foreign country and the holder is domiciled in this state or is a government or governmental subdivision, agency, or instrumentality of this state.

(6) The transaction out of which the property arose occurred in this state, the holder is domiciled in a state that does not provide for the escheat or custodial taking of the property, and the last known address of the apparent owner or other person entitled to the property is unknown or is in a state that does not provide for the escheat or custodial taking of the property.

(7) The property is a traveler’s check or money order purchased in this state, or the issuer of the traveler’s check or money order has its principal place of business in this state and the issuer’s records show that the instrument was purchased in a state that does not provide for the escheat or custodial taking of the property, or do not show the state in which the instrument was purchased.
Ala. Code § 35-4-340 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-340
Section 35-4-340 Who May Convey Title
Status: in_force

A majority of the trustees or any other authorized agent of any literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association may convey the title to all or any part of the real estate belonging to it by deed executed by a majority of the trustees or by any other authorized agent.
Ala. Code § 35-9A-205 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-205
Section 35-9A-205 Limitation of Liability
Status: in_force

(a) Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the conveyance. However, the landlord remains liable to the tenant for all security recoverable by the tenant under Section 35-9A-201 and all prepaid rent.

(b) Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and this chapter as to events occurring after written notice to the tenant of the termination of management by the manager.
Ala. Code § 35-11-271 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-271
Section 35-11-271 Priority of Lien
Status: in_force

Such lien shall have priority over all other liens, mortgages, or incumbrances created subsequent to the beginning of the work or labor done in the getting, cutting, rafting, shipping, hauling, or manufacturing of said lumber, timber, or crossties.
Ala. Code § 35-6-82 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-82
Section 35-6-82 Time and Notice of Hearing
Status: in_force

Upon the filing of such report the court must appoint a day for the hearing of the same, not less than 20 days from the filing thereof, and must give notice thereof to any minor whose interest has been so sold who is over 14 years of age and resident in this state, and also to the person in whose custody such ward is, if deemed by the court in the interest of such ward, and also to the adult next of kin of such ward resident in this state, not interested in such sale, or where there is more than one such next of kin of equal degree, then to such one of them as may be selected by the court. Such notice shall be given by personal citation to be served not less than 10 days before the day appointed for such hearing.
Ala. Code § 35-2-5 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-5
Section 35-2-5 Definition of System by United States Coast and Geodetic Survey Adopted
Status: in_force

(a) For purposes of more precisely defining the Alabama coordinate system, the following definition by the United States coast and geodetic survey is adopted: The Alabama coordinate system, east zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 85 degrees 50′ west from Greenwich, on which meridian the scale is set one part in 25,000 too small. The origin of coordinates is at the intersection of the meridian 85 degrees 50′ west longitude and the parallel 30 degrees 30′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet. The Alabama coordinate system, west zone, is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 87 degrees 30′ west from Greenwich, on which meridian the scale is set one part in 15,000 too small. The origin of coordinates is at the intersection of the meridian 87 degrees 30′ west longitude and the parallel 30 degrees 00′ north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

(b) The position of the Alabama coordinate system shall be as marked on the ground by triangulation or traverse stations established in conformity with standards adopted by the United States coast and geodetic survey for first-order and second-order work, whose geodetic positions have been rigidly adjusted on the North American Datum of 1927, and whose coordinates have been computed on the system herein defined. Any such station may be used for establishing a survey connection with the Alabama coordinate system.
Ala. Code § 35-11-214 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-214
Section 35-11-214 Verified Statement - How Oath Administered Out of State
Status: in_force

If the oath to such statement is made beyond this state, it may be administered by any officer authorized to take acknowledgements and proof of conveyances beyond the state.
Ala. Code § 35-2-4 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-4
Section 35-2-4 Description When Tract of Land Lies in Both Zones
Status: in_force

When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.
Ala. Code § 35-8-19 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-19
Section 35-8-19 Mortgage Investments on Condominium Property
Status: in_force

All persons, as defined in Section 35-8-2, including but not limited to insurance companies, banking organizations, mortgage companies and savings and loan associations, may be permitted to invest in bonds, notes, and evidences of indebtedness which are secured by mortgages or deeds of trust upon condominium property or units thereof wherever such persons may invest and subject to all of the rules and limitations applicable to such investment in bonds, notes, and evidences of indebtedness which are secured by like instruments of the same priority upon real property. Where the applicable limitations are dependent upon the type of use of the real property, only the type of use of the particular unit or units which constitute the security for such investment shall be taken into consideration for the purpose of such limitations.
Ala. Code § 35-10-71 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-71
Section 35-10-71 Initiation of Foreclosure Proceedings Against Surviving Spouse or Estate of Certain Mortgagors
Status: in_force

(a) A mortgagee shall not initiate a foreclosure proceeding pursuant to this chapter against the surviving spouse or the estate of a mortgagor who is a service member who dies while deployed overseas on active duty military service for at least 180 days following the death of the service member; provided that the surviving spouse or the estate gives the mortgagee written notice identifying the service member, stating that the service member died while being deployed overseas, describing the mortgage or the property subject to the mortgage and the debt, providing a telephone number or other means to communicate with the surviving spouse or the estate, and asking that foreclosure be delayed for six months. No particular phrasing of the notice shall be required.

(b) A mortgagee shall not, individually or acting through another person, foreclose, sell, or attempt to foreclose or sell real estate with the knowledge that the foreclosure or sale is invalid under this section. A person who violates this subsection is subject to a civil fine of two thousand dollars ($2,000); provided that the surviving spouse or the estate gives the mortgagee written notice identifying the service member, stating that the service member died while being deployed overseas, describing the mortgage or the property subject to the mortgage and the debt, providing a telephone number or other means to communicate with the surviving spouse or the estate, and asking that foreclosure be delayed for six months. No particular phrasing of the notice shall be required.

(c) The Attorney General may file an action in the circuit court to collect a civil fine under this section. A civil fine collected under this section shall be deposited into the Military Family Relief Fund created in the State Treasury and used by the Department of Veterans’ Affairs, at its discretion, to assist military families in need.

(d) This section does not apply to a mortgage entered into before August 1, 2009.
Ala. Code § 35-11-375 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-375
Section 35-11-375 Hospital Not Given Independent Right to Determine Liability for Injuries
Status: in_force

This division shall not be construed as giving any hospital or agency referred to in this division an independent right of action to determine liability for injuries sustained by a person or firm.
Ala. Code § 35-8-21 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-21
Section 35-8-21 Construction and Application of Building or Zoning Laws, Ordinances, and Regulations
Status: in_force

All laws, ordinances, and regulations concerning buildings or zoning shall be construed and applied with reference to condominium property for dwelling purposes in the same manner as to other multi-family dwelling projects and developments of similar nature and use without regard to the form of ownership. No law, ordinance, or regulation shall establish any requirement concerning the use or location, placement, or construction of other buildings or other improvements which are or may thereafter be subjected to the condominium form of ownership, unless such requirement shall be equally applicable to all buildings and improvements of the same kind not then or thereafter to be subjected to the condominium form of ownership.
Ala. Code § 35-7-5 — Alabama Code / Title 35 / Chapter 7 / Section 35-7-5
Section 35-7-5 Fees
Status: in_force

The district court is entitled to $.50 for issuing the order, and the fence-viewers to $1.00 each; one half of which is to be paid by each party; and not being paid in 10 days after the report, execution must issue therefor, with costs for issuing such execution.
Ala. Code § 35-2-26 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-26
Section 35-2-26 Advisory Board - Terms of Members; Filling of Vacancies
Status: in_force

Of the five members first appointed to the division of land surveys advisory board, one shall be appointed for a term of one year, one for two years, one for three years, and two for four years. At the expiration of the term of each member, the Governor shall appoint a successor, who shall hold office for a term of four years and until his successor has been appointed and qualified. Vacancies in the office of the members of the advisory board shall be filled by appointment by the Governor for the unexpired term in the manner provided in Section 35-2-25.
Ala. Code § 35-4-25 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-25
Section 35-4-25 Acknowledgment - Officers Holding Stock in Certain Corporations
Status: in_force

An acknowledgment or proof of any deed, mortgage, or other conveyance to or by a corporation, national banking association, building and loan association, savings and loan association, credit union, or limited liability company at any time taken by an officer authorized by law to take acknowledgments and proofs of conveyances and at that time owning or holding not more than one percent of the total issued and outstanding capital stock of such corporation, national banking association, building and loan association, savings and loan association, credit union, or limited liability company and not then holding any office in the corporation, national banking association, building and loan association, credit union, or limited liability company shall have the same effect as if the officer did not hold or own any of the stock.
Ala. Code § 35-10-13 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-13
Section 35-10-13 Notice of Sale; Minimum Standards
Status: in_force

Notice of said sale shall be given in the county where said land is located.

Notice of all sales under this article shall be given by publication once a week for three successive weeks in a newspaper published in the county or counties in which such land is located. If there is land under the mortgage in more than one county the publication is to be made in all counties where the land is located. The notice of sale must give the time, place and terms of said sale, together with a description of the property.

If no newspaper is published in the county where the lands are located, the notice shall be placed in a newspaper published in an adjoining county. The notice shall be published in said adjoining county for three successive weeks.
Ala. Code § 35-3-23 — Alabama Code / Title 35 / Chapter 3 / Section 35-3-23
Section 35-3-23 Order for Survey on Motion of Party - Deposit of Costs
Status: in_force

In the event a party to such action petitions for such survey and offers to pay the cost of the same and it appears that such survey is pertinent to the determination of the issue or issues of said action or is essential to the proper entering of an order therein, the court shall order such survey requiring the petitioning party to deposit with the register or clerk of the court the estimated cost to be fixed by the court of such survey, which deposited funds shall be disbursed by order of the court; and on the deposit of such cost with the register or clerk the court shall order such survey to be made.
Ala. Code § 35-2-61 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-61
Section 35-2-61 Fee for Recordation and Registration
Status: in_force

The party filing such petition, complaint, order, or judgment for recording and registration shall pay the recording or registration officer a fee of $.15 per 100 words for so recording or registering such documents in such office.
Ala. Code § 35-11-130 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-130
Section 35-11-130 Lien Declared
Status: in_force

Keepers of hotels, inns, boarding houses, and restaurants shall have a lien on the goods and personal baggage of their guests and boarders to secure the payment of any money due from them for board and lodging.
Ala. Code § 35-6-120 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-120
Section 35-6-120 Objections to Commissioners’ Report; Confirming or Setting Aside Report
Status: in_force

Any of the parties may file objections to the report of the commissioners making the division, within 10 days after the same is returned, and, when filed, a day must be appointed to hear the same, of which notice, not exceeding 10 days, shall be given to all the other parties in interest; and on the evidence adduced on such hearing, the report shall be confirmed or set aside, as equity and justice may demand; and if the report is set aside, new commissioners shall be appointed to make division, who shall proceed as provided in this article for those originally appointed.
Ala. Code § 35-4-53 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-53
Section 35-4-53 Bonds for Title, Etc
Status: in_force

Every bond for title or other written contract for the sale of land, acknowledged or witnessed as required by law, as well as any purchase money note, may be recorded in a similar manner as provided for the conveyances of lands and shall be notice to all subsequent purchasers, lienors, and creditors of the existence of such bond, contract, or note and of the rights of the parties thereto.
Ala. Code § 35-6-85 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-85
Section 35-6-85 Conduct of Hearing Generally; Order Confirming Sale
Status: in_force

On the day appointed for such hearing, or on any other day to which it may be continued the court must proceed to hear such report and the evidence for and against the confirmation of such sale. Such evidence shall be taken orally in open court at the time of the hearing or by deposition as in actions before the circuit court. If upon such hearing it shall appear to the satisfaction of the court that such sale as made is to the interest of the ward, the court shall make an order confirming the same, and, if it shall appear to the court that full payment has been made to the guardian for the interest of the minor in such sale, such order shall direct the guardian, or any other person appointed by the court, to make conveyance of the interest of the ward in the land or realty to the purchaser thereof.
Ala. Code § 35-6-125 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-125
Section 35-6-125 Recordation of Papers
Status: in_force

All papers connected with the proceedings shall be filed, but shall not be recorded unless one or more of the parties request it, in which case such party or parties shall pay the costs thereof; and the papers, or the record thereof, shall be evidence of title between the parties and their privies, to their respective shares of the crops.
Ala. Code § 35-11-391 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-391
Section 35-11-391 Enforcement of Lien
Status: in_force

(a) If the charges due for the services named in Section 35-11-390 are not paid within 10 days after demand therefor on the owner of said animal, in person or by registered or certified mail, addressed to him at the address given when said animal is delivered to the veterinarian, the veterinarian is authorized to sell the animal either at public or private sale, and if he does not succeed in selling such animal within 15 days after the date of the demand for payment was made in person or by registered or certified mail, then the veterinarian may dispose of such animal in any other manner that he deems proper.

(b) When any animal is sold by a veterinarian as authorized in subsection (a) of this section to satisfy a lien for any of the services enumerated in Section 35-11-390, any surplus realized from the sale less said charges and any expenses incurred in making the demand for payment thereof or in connection with the sale shall be paid to the owner of the animal.

(c) Failure of the owner of any such animal to receive the demand by registered or certified mail provided for in subsection (a) of this section, if addressed as therein specified, shall not render the veterinarian liable to the owner of such animal for the disposal of said animal in any manner provided in this division.

(d) No legal proceeding for the enforcement of the lien created by Section 35-11-390 shall be necessary other than compliance with the requirements herein provided.
Ala. Code § 35-9A-304 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-304
Section 35-9A-304 Tenant to Use and Occupy
Status: in_force

Unless otherwise agreed, a tenant shall occupy the dwelling unit only as a dwelling unit. The rental agreement may require that the tenant notify the landlord of any anticipated extended absence from the premises in excess of 14 days no later than the fifth day of the extended absence.
Ala. Code § 35-8-14 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-14
Section 35-8-14 Prohibited Work
Status: in_force

There shall be no material alteration of or substantial addition to the common elements or limited common elements except as authorized by the declaration. No unit owner shall contract for or perform any maintenance, repair, replacement, removal, alteration, or modification of the common elements, or limited common elements, or any additions thereto, except through the association and its officers. No unit owner shall take or cause to be taken any action within his unit which would jeopardize the soundness or safety of any part of the condominium property or impair any easement or right of any unit owner or affect the common elements, or limited common elements, without the unanimous consent of all unit owners who might be affected thereby.
Ala. Code § 35-15-21 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-21
Section 35-15-21 Definitions
Status: in_force

Unless the context thereof clearly indicates to the contrary, as used in this article the following terms shall have the following meanings:

(1) OWNER. Any public or private organization of any character, including a partnership, corporation, association, any individual, or any federal, state or local political subdivision or any agency of any of the foregoing having a legal right of possession of outdoor recreational land. For the purpose of this article, an employee or agent of the owner, but not an independent contractor while conducting activities upon the outdoor recreational land, is deemed to be an owner.

(2) OUTDOOR RECREATIONAL LAND. Land and water, as well as buildings, structures, machinery, and other such appurtenances used for or susceptible of recreational use.

(3) RECREATIONAL USE or RECREATIONAL PURPOSE. Participation in or viewing of activities including, but not limited to, hunting, fishing, water sports, aerial sports, hiking, camping, picnicking, winter sports, animal or vehicular riding, or visiting, viewing or enjoying historical, archeological, scenic, or scientific sites, and any related activity.

(4) PERSON. Any individual, regardless of age, maturity, or experience.

(5) COMMERCIAL RECREATIONAL USE. Any use of land for the purpose of receiving consideration for opening such land to recreational use where such use or activity is profit-motivated. Consideration does not include any benefits provided by law in accordance with this article, any other state or federal law, or in the form of good will for permitting recreational use as stated in this article; nor does consideration include a charge by the landowner for maintenance fees where the primary use of the land is for other than public recreational purposes.
Ala. Code § 35-4-343 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-343
Section 35-4-343 Vendor’s Lien, Etc
Status: in_force

Nothing in this article shall prevent any literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association from retaining a vendor’s lien on the property conveyed, nor from taking a mortgage to secure the balance of the purchase money nor from making an agreement as to the payment of the purchase money and the conditions of the sale.
Ala. Code § 35-8A-405 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-405
Section 35-8A-405 Offering Statement - Time Shares
Status: in_force

If the declaration provides that ownership or occupancy of any units is or may be in time shares, the offering statement shall disclose, in addition to the information required by section 35-8A-403:

(1) The number and identity of units in which time shares may be created;

(2) The total number of time shares that may be created;

(3) The minimum duration of any time shares that may be created; and

(4) The extent to which the creation of time shares will or may affect the enforceability of the association’s lien for assessments provided in section 35-8A-316.
Ala. Code § 35-6-103 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-103
Section 35-6-103 Effect of Failure to Pay Purchase Price
Status: in_force

Should the joint owners or tenants in common fail to pay the purchase price as provided in section 35-6-102, the court shall proceed according to its traditional practices in such cases as described in section 35-6-100.
Ala. Code § 35-1-2 — Alabama Code / Title 35 / Chapter 1 / Section 35-1-2
Section 35-1-2 Inter Vivos Gift of Assets Void If Donor Left Without Means of Support
Status: in_force

(a) All inter vivos gifts of assets, including but not limited to money, lands, or buildings, are void if the donor is left without means of support and does not reserve for himself for life an adequate amount separate from that gift to provide for his subsistence; provided, that this section shall not apply to any gift not expressly and specifically declared void hereunder by an administrative or judicial tribunal of competent jurisdiction within the two-year period immediately following the date of the gift.

(b) As used in this section, unless the context clearly requires a different meaning, “subsistence” means that amount of money or its equivalent necessary to provide one with the minimum necessities of life, such as food, clothing, shelter, and medical care.
Ala. Code § 35-4-58 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-58
Section 35-4-58 Mode of Recording Generally; Time Stamp; Fees
Status: in_force

Judges of probate are to procure, at the expense of their counties, large and well-bound books, in which must be recorded in a fair hand, or by printing the same, or by the use of a typewriter or other writing or printing, photograph or photostat machine, word for word, conveyances of property and all other instruments authorized to be recorded, with the acknowledgments, proofs, schedules, plats, surveys, etc., belonging thereto; and, at the foot or in the margin of the record of each conveyance or other instrument, the day of the month and year of the delivery of the same for record must be specified. The judge making the record of any conveyance or other instrument must certify on the same when it was received and recorded and in what book and page the same is recorded and must deliver it to the party entitled thereto, or his order, on the payment of the fees of registration; but the judge of probate may refuse to indorse “filed” on any conveyance or other instrument or to record the same until such fees of registration are paid and unless the conveyance or other instrument is witnessed, probated, or acknowledged as required by this Code; provided, that in counties wherein a photostat machine or other similar photograph machine is used and an electric time clock or time stamp is used, the judge of probate may make the certificate required by this section by having same stamped upon the instrument with the electric time stamp to read as follows:

“STATE OF ALABAMA ______ COUNTY

I CERTIFY THIS INSTRUMENT WAS FILED ON THE ____ DAY OF _____ (Month), _____ (Year) at (time). Recorded book and page as shown above.

For making the certificate required by this section the judge of probate shall not be entitled to any additional fee for his service, other than that now provided for in Section 12-19-90.
Ala. Code § 35-4-342 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-342
Section 35-4-342 Property Subject to Provisions of Article
Status: in_force

The provisions of this article shall apply to the conveyance of real estate heretofore acquired or that may be hereafter acquired by such literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association.
Ala. Code § 35-19-12 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-12
Section 35-19-12 Registry of Environmental Covenants
Status: in_force

(a) The Alabama Department of Environmental Management shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real property subject to them which the department considers appropriate. The registry is a public record for purposes of Section 36-12-40.

(b) After an environmental covenant or an amendment or termination of a covenant is filed in the registry established pursuant to subsection (a), a notice of the covenant, amendment, or termination that complies with this section may be recorded in the land records in lieu of recording the entire covenant. Any such notice must contain all of the following:

(1) A legally sufficient description and any available street address of the real property subject to the covenant.

(2) The name and address of the owner of the fee simple interest in the real property, the agency, and the holder if other than the agency.

(3) A statement that the covenant, amendment, or termination is available in a registry at the Alabama Department of Environmental Management, which discloses the method of any electronic access.

(4) A statement that the notice is notification of an environmental covenant executed pursuant to this chapter.

(c) A statement in substantially the following form, executed with the same formalities as a deed in this state, satisfies the requirements of subsection (b):

“1. This notice is filed in the land records of the Probate Office of _______ County, Alabama, pursuant to Section 35-19-12 of the Alabama Uniform Environmental Covenants Act.

“2. This notice and the covenant, amendment, or termination to which it refers may impose significant obligations with respect to the property described below.

“3. A legal description of the property is attached as Exhibit A to this notice. The address of the property that is subject to the environmental covenant is [insert address of property] [not available].

“4. The name and address of the owner of the fee simple interest in the real property on the date of this notice is [insert name of current owner of the property and the owner’s current address as shown on the tax records of the jurisdiction in which the property is located].

“5. The environmental covenant, amendment, or termination was signed by the Director of the Alabama Department of Environmental Management.

“6. The environmental covenant, amendment, or termination was filed in the registry on [insert date of filing].

“7. The full text of the covenant, amendment, or termination and any other information required by the agency is on file and available for inspection and copying in the registry maintained for that purpose by the Alabama Department of Environmental Management.”
Ala. Code § 35-12-92 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-92
Section 35-12-92 Penalties and Enforcement
Status: in_force

(a) A holder who fails to report, pay, or deliver property within the time prescribed by this article, or fails to perform other duties imposed by this article, shall pay to the Treasurer for credit to the General Fund a civil penalty of one hundred dollars ($100) for each business day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of five thousand dollars ($5,000).

(b) A holder who willfully fails to report, pay, or deliver property within the time prescribed by this article, or willfully fails to perform other duties imposed by this article, shall pay to the Treasurer for credit to the General Fund a civil penalty of five hundred dollars ($500) for each business day the report, payment, or delivery is withheld, or the duty is not performed, up to a maximum of twenty-five thousand dollars ($25,000).

(c) A holder who makes an intentional fraudulent report shall pay to the Treasurer for credit to the General Fund a civil penalty of one thousand dollars ($1,000) for each business day from the date a report under this article was due, up to a maximum of twenty-five thousand dollars ($25,000).

(d) The Treasurer for good cause may waive, in whole or part, penalties under subsections (a) and (b); and shall waive penalties if the holder acted in good faith.

(e) The Attorney General may maintain an action in this or another state to enforce this article.
Ala. Code § 35-6-58 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-58
Section 35-6-58 Sale Instead of Partition - Property Subject to Sale; by Whom Application Made; Where Sale Held; Record of Decrees
Status: in_force

Any property, real or personal, held by joint owners or tenants in common, on the written application of any one or more of them, may be decreed to be sold by the probate court of the county in which such property is situated, or, in case of land lying in different counties, of either of such counties, whether such lands are adjacent or contiguous, when the same cannot be equitably divided or partitioned among them, notwithstanding they, or any of them, are infants or persons of unsound mind, and the application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind. Such lands shall be sold in the county where the decree is rendered, unless otherwise directed by order of the court, upon rendition of the final decree ordering such sale. The decree of sale and the decree confirming the sale shall be recorded in all counties where any of the land is situate. A certified copy of such record of these decrees shall be admissible in and prima facie evidence of their contents in all the courts of this state.
Ala. Code § 35-4-75 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-75
Section 35-4-75 Time for Delivery of Deed; When Recorded Contract Presumed Abandoned
Status: in_force

(a) Where any contract or extension thereof for the sale of any interest in land fails to state the time within which, or the circumstances under which, a deed is to be delivered, the time for the delivery of the deed shall be a reasonable time after the date on which the contract was entered into, and in no case more than one year subsequent to such date.

(b) Where any contract for the sale of any interest in land or any extension of such contract has been recorded or rerecorded and five years have elapsed since the time provided by the parties or by subsection (a) of this section for the delivery of the deed, whichever period shall be the longer, and no action has been brought for the specific performance of such contract or for the foreclosure of the vendee’s interest or for the enforcement of an equitable lien arising from the contract and no lis pendens has been properly filed, a lienholder or a purchaser for value or mortgagee may conclusively presume that such contract has been abandoned by the parties thereto and that the vendee named in the contract and his successors in interest have no equitable claim against the land made the subject of the contract; provided, that this section shall not apply so long as the vendee named in the contract or his successors in interest shall be in actual possession of the land made the subject of the contract.

(c) This section shall apply to contracts and extensions thereof recorded before or after January 31, 1972; except, that the period of five years provided for in subsection (b) of this section shall not be deemed to have expired in any case until January 31, 1974.
Ala. Code § 35-9A-602 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-602
Section 35-9A-602 Savings Clause
Status: reserved

Transactions entered into before January 1, 2007, and not extended or renewed on and after that date, and the rights, duties, and interests flowing from them remain valid and may be terminated, completed, consummated, or enforced as required or permitted by any statute or other law amended or repealed by this chapter as though the repeal or amendment had not occurred.
Ala. Code § 35-11-225 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-225
Section 35-11-225 Judgment by Default
Status: in_force

Judgment by default may be entered against any defendant, except infants and persons non compos mentis, who, after service has been perfected on him, fails to appear within the time required by law in other cases.
Ala. Code § 35-11-453 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-453
Section 35-11-453 Escrow Accounts
Status: in_force

Except as otherwise provided in this section, whenever a notice of lien has been given or recorded, an escrow account may be, but is not required to be, established in an amount sufficient to release the claim for lien. These moneys shall be held in escrow by the closing agent or an independent escrow agent until the parties’ rights to the escrowed moneys have been determined by written agreement of the parties, by a final court order, or by any other process which may be agreed to by the parties for resolution of their dispute. Upon the escrow of funds in the amount of the claimed lien, the lien or claim of lien shall be automatically dissolved, and the broker shall be deemed to have an equitable lien on the escrow funds pending a resolution of the broker’s claim. The escrow shall not be released until a resolution is reached and agreed to by all necessary parties or ordered by a court. The parties may agree to any alternative procedures which would allow the transaction to close which are available and are acceptable to the parties and to the broker claiming the lien in the transaction.
Ala. Code § 35-11-290 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-290
Section 35-11-290 Lien Declared
Status: in_force

Every owner of a cotton gin, peanut machine, or picker, or hay baling machine or press, or plant for drying or processing planting seeds, shall have a lien on the commodity processed thereby for the toll or charge of such processing, under any contract with the owner of the commodity, whether the toll or charge for such processing be expressed or implied. Such liens shall have priority over all other liens, mortgages, or encumbrances, whether existing or not at the time of the commencement of such processing or work, except the lien of a landlord as provided for in Section 35-9-30. The processor shall have the right to hold the processed commodity until the full amount of the toll or charge has been paid; and should the commodity be removed without knowledge and consent of the processor, the lien herein declared shall follow the commodity.
Ala. Code § 35-4-2 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-2
Section 35-4-2 Estate Taken as Fee Simple Unless Expressly Limited
Status: in_force

Every estate in lands is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less estate was intended.
Ala. Code § 35-8B-5 — Alabama Code / Title 35 / Chapter 8B / Section 35-8B-5
Section 35-8B-5 Disposition of Funds
Status: in_force

(a) Notwithstanding any other provision of law, beginning on October 1, 2021, any proceeds of the sales tax on alcoholic beverages collected by a county in a community development district as provided in Section 35-8B-1(a)(2), (i)(2), and (q)(2), shall be deposited into a special fund in the county treasury to be used for grants to support education, civic, community, and tourism activities within the county in which the taxes were collected.

(b) Grants awarded pursuant to subsection (a) shall be distributed based on the recommendation of each legislator representing a portion of the county, based on the proportion of the population he or she represents in the county. In the event that a legislative position is vacant, the funds allocated to that portion of the county may be distributed upon approval of any other two legislators representing a portion of the county.
Ala. Code § 35-11-233 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-233
Section 35-11-233 Assignment of Lien; Transfer of Lien on Real Property to Other Security
Status: in_force

(a) Any claim for which a lien is provided in this division may be assigned; and the assignee shall thereby be invested with all the rights of the original holder of the lien, and be entitled to all his remedies to enforce them. The assignee shall have the right to consolidate all such claims in one statement to be filed as herein provided; and 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 held by the assignee.

(b) Any lien claimed on real property under this division may be transferred by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by first filing with the court in which the action is brought, a copy of the lien which has been duly filed and recorded as required by law, and by either:

(1) Depositing with the court in which the action is brought a sum of money; or

(2) Filing with the court a bond executed as surety by a surety insurer licensed to do business in this state, either of which shall be in an amount equal to the amount demanded in such claim of lien plus interest thereon at eight percent per year for three years plus $100.00 to apply on any court costs which may be taxed in any proceeding to enforce said lien.

Such deposit or bond shall be conditioned to pay any judgment or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded and costs not to exceed $100.00. Upon making such deposit or filing such bond the court shall make and record a certificate showing the transfer of the lien from the real property to the security and mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred at the address stated therein. Within 10 days from the date of the receipt of the said certificate, the lienor may by motion, petition the court in which the action is pending for a hearing on the sufficiency of the amount in question or on the qualifications of the surety insurer. In such an event, the ruling of the court on the said motion, shall be a final determination. Upon the expiration of the said 10 days, or in the event a petition has been filed with the court, upon the determination of the court, and upon filing the certificate of transfer in the court where the lien was filed, the real property shall thereupon be released from the lien claimed and such lien shall be transferred to said security. The court shall be entitled to a fee for making and serving the certificate in the sum of $2.00. Any number of liens may be transferred to one such security.

(c) Any excess of the security over the aggregate amount of any judgments or decrees rendered plus costs actually taxed shall be repaid to the party filing the same or his successor in interest. Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of same.

(d) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in the circuit court of the county where such security is deposited for an order to require additional security, reduction of security, change or substitution of sureties, payment or discharge thereof, or any other matter affecting said security.

(e) If no proceeding to enforce a transferred lien shall be commenced within the time specified, or if it appears that the transferred lien has been satisfied of record, the court shall return said security upon request of the person depositing or filing the same, or the insurer.
Ala. Code § 35-1-5.1 — Alabama Code / Title 35 / Chapter 1 / Section 35-1-5.1
Section 35-1-5.1 Display of State Flag on Certain Residential Property
Status: in_force

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

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

(2) HOMEOWNER’S ASSOCIATION. As defined under Section 35-20-2.

(3) UNIT OWNERS’ ASSOCIATION. As defined under Section 35-8A-301.

(b) Except as provided in subsection (c), a condominium association, homeowner’s association, or unit owners’ association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the State of Alabama within the association on property in which the member has a separate ownership interest or a right to exclusive possession or use.

(c) Nothing in this section shall be considered to prevent any reasonable restriction on the time, place, or manner of displaying the flag of the State of Alabama necessary to protect a substantial interest of the condominium association, homeowner’s association, or unit owners’ association.
Ala. Code § 35-15-30 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-30
Section 35-15-30 Removal of Guest from Recreational Vehicle Park for Certain Conduct
Status: in_force

(a) As used in this section, the term recreational vehicle park means a place set aside and offered by a person, for direct or indirect remuneration of the owner, lessor, or operator of the place, for the parking, accommodation, or rental of five or more recreational vehicles or tents. The term includes buildings and sites set aside for group camping and similar recreational facilities.

(b) The operator of a recreational vehicle park may request a guest of the park who, while on the premises of the park, illegally possesses or deals in a controlled substance, as defined in Section 20-2-2; who disturbs the peace and comfort of other persons; or who causes damage to the park, to leave the park.

(c) The operator of a recreational vehicle park may notify a guest who commits any of the acts in subsection (b) that the park no longer desires to entertain the guest and may request the guest immediately depart from the park. The notice shall be given in writing. If the guest has paid in advance, the park operator, at the time the notice is given, shall tender to the guest the unused portion of the advance payment. Any guest who remains or attempts to remain in the park after being requested to leave pursuant to this subsection is guilty of a Class B misdemeanor.

(d) In the event any guest is unlawfully on or about the premises of a recreational vehicle park as provided in subsection (c), the operator may call to his or her assistance any policeman, constable, deputy sheriff, sheriff, or other law enforcement officer, and it shall be the duty of the law enforcement officer, upon request of the operator of the recreational vehicle park, to immediately remove or eject the guest, using force if necessary.

(e) The operator of the park shall employ all reasonable and proper means to care for any personal property left on the premises by a guest who has been removed as a result of this section and refund any unused portion of monies paid by the guest for the occupancy of the premises.
Ala. Code § 35-10A-3 — Alabama Code / Title 35 / Chapter 10A / Section 35-10A-3
Section 35-10A-3 Construction of Article
Status: reserved

Any act which becomes effective after September 12, 2001, shall not be construed to amend or repeal any provision of this chapter unless the subsequent act specifically references this chapter and states that this chapter is repealed or states the manner in which this chapter is to be amended. Without limiting the foregoing, Act 2001-481, 2001 Regular Session, does not amend or repeal any provision of this chapter.
Ala. Code § 35-4-126 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-126
Section 35-4-126 Uniformity of Application and Construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ala. Code § 35-12-41 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-41
Section 35-12-41 Claims for Property or Proceeds of Sale - Determination and Payment by Treasurer
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-12-95 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-95
Section 35-12-95 Transitional Provisions
Status: in_force

(a) An initial report filed under this article for property that was not required to be reported before May 12, 2004, but which is subject to this article must include all items of property that would have been presumed abandoned during the 10-year period next preceding May 12, 2004, as if this article had been in effect during that period.

(b) This article does not relieve a holder of a duty that arose before May 12, 2004, to report, pay, or deliver property. Except as otherwise provided in subsection (b) of Section 35-12-88, a holder who did not comply with the law in effect before May 12, 2004, is subject to the applicable provisions for enforcement and penalties which then existed, which are continued in effect for the purpose of this section.
Ala. Code § 35-4-54 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-54
Section 35-4-54 Conveyances of Personal Property Brought into State by Tenants for Life or Years
Status: in_force

Whenever any person, having an estate for life or years in personal property removes to this state with such property, the conveyance creating such estate must be recorded in the county to which it was brought within 12 months thereafter; and, if such property is removed to another county, then in such county within four months after its removal thereto, or such property must be taken to vest absolutely in such person, as to purchasers and creditors without notice; provided, however, that nothing contained in this section shall be construed as applying to any leases, including, without limitation, leases under the Uniform Commercial Code.
Ala. Code § 35-20-1 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-1
Section 35-20-1 Short Title
Status: in_force

This chapter shall be known and may be cited as the Alabama Homeowners’ Association Act.
Ala. Code § 35-6-90 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-90
Section 35-6-90 Limitation on Guardian’s Authority; Authority of Successor
Status: in_force

The authority conferred under the provisions of this article shall remain in the guardian in whom it is vested only so long as he continues as such; but his successor shall have the authority to consummate any sale made by him in accordance with such provisions.
Ala. Code § 35-9A-105 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-105
Section 35-9A-105 Administration of Remedies; Enforcement
Status: in_force

(a) The remedies provided by this chapter shall be so administered that an aggrieved party may recover appropriate damages. The aggrieved party has a duty to mitigate damages; provided, the duty of a landlord shall not take priority over the landlord’s right to first rent other vacant units.

(b) Any right or obligation declared by this chapter is enforceable by action unless the provision declaring it specifies a different and limited effect.
Ala. Code § 35-2-50 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-50
Section 35-2-50 Survey Required; What Plat or Map Must Show
Status: in_force

Any person, or his administrator, executor or guardian, desiring to subdivide his lands into lots shall cause the same to be surveyed by a competent surveyor, if not already surveyed, and shall cause a plat or map thereof to be made, showing the subdivisions into which it is proposed to divide the same, giving the length and bearings of the boundaries of each lot and its number; and, if it is the purpose of the owner to divide the lands into town lots, such plat or map shall show the streets, alleys, and public grounds and give the bearings, length, width, and name of each street, as well as the number of each lot and block. Such plat or map must show the relation of the lands so platted or mapped to the government survey.
Ala. Code § 35-10-26 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-26
Section 35-10-26 Title Revested Upon Payment of Debt
Status: in_force

The payment or satisfaction of the real property mortgage debt divests the title passing by the mortgage. “Payment or satisfaction of the real property mortgage debt” shall not occur until there is no outstanding indebtedness or other obligation secured by the mortgage, and no commitment or agreement by the mortgagee to make advances, incur obligations or otherwise give value (collectively referred to as “extend value”), under any agreement, including, without limitation, agreements providing for future advances, open end, revolving or other lines of credit, or letters of credit. Except as otherwise specifically provided to the contrary in the Alabama Residential Mortgage Satisfaction Act, upon the written request to satisfy a mortgage signed by the mortgagors and by all other persons who have a right to require the mortgagee to extend value or signed by other authorized representatives on behalf of the mortgagors and such other persons, which notice shall actually be served upon the mortgagee, and provided there is no outstanding obligation secured by the mortgage at that time, the mortgagee shall file a properly executed and notarized satisfaction of the mortgage or otherwise cause the mortgage to be satisfied in accordance with other applicable provisions of law. From and after such written request for mortgage satisfaction, neither the mortgagors nor any other person who signed such request, or on whose behalf such request was signed, shall have the right to request or demand that the mortgagee extend value under the mortgage or other agreements and the mortgagee shall be released from all obligations and commitments to extend value thereunder.
Ala. Code § 35-5A-10 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-10
Section 35-5A-10 Manner of Creating Custodial Property and Effecting Transfer; Form of Transfer; Control of Custodial Property
Status: in_force

(a) Custodial property is created and a transfer is made whenever:

(1) An uncertificated security or a certificated security in registered form is either:

a. Registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for _____ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or

b. Delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form set forth in subsection (b);

(2) Money is paid or delivered to a broker or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;

(3) The ownership of a life or endowment insurance policy or annuity contract is either:

a. Registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or

b. Assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;

(4) An irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;

(5) An interest in real property is conveyed in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”;

(6) A certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:

a. Issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or

b. Delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: “as custodian for ______ (name of minor) under the Alabama Uniform Transfers to Minors Act”; or

(7) An interest in any property not described in paragraphs (1) through (6) is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in subsection (b).

(b) An instrument substantially in the following form satisfies the requirements of paragraph (1)(b) and subdivision (7) of subsection (a):

“TRANSFER UNDER THE ALABAMA UNIFORM TRANSFERS TO MINORS ACT

I, ______ (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ______ (name of custodian), as custodian for ______ (name of minor) under Alabama Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).

Dated: ________

_________________”

(Signature)

___________ (name of custodian) acknowledges receipt of the property described above a custodian for the minor named above under the Alabama Uniform Transfers to Minors Act.

Dated: ________

________________

(Signature of Custodian)

(c) A transferor shall place the custodian in control of the custodial property as soon as practicable.
Ala. Code § 35-20-11 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-11
Section 35-20-11 Powers of Board
Status: in_force

(a) The board of directors, to the extent authorized by the declaration and governing documents, may do the following:

(1) Suspend a member’s right to use facilities or services provided directly through the association for nonpayment of assessments under subdivision (2), to the extent that access to the member’s lot is not denied.

(2) Assess reasonable penalties against a member for any violation of the declaration or rules adopted by the board of directors after the member is afforded the opportunity to be heard and represented by counsel before the board of directors.

(b) If a tenant of a member violates the declaration or rules adopted by the board of directors, in addition to exercising any of its powers and rights against the member, the board of directors may do any of the following:

(1) Exercise any of the actions authorized in subdivision (1) of subsection (a) directly against a tenant of a member.

(2) Assess a penalty authorized in subdivision (2) of subsection (a) directly against a tenant after giving notice to the tenant and member and an opportunity to be heard before the board of directors.

(3) Enforce any other rights against the tenant for the violation which the member as landlord could lawfully have exercised under the lease or which the board of directors could have exercised against the unit owner.

(c) The amount of any penalty assessed under this section shall be considered an assessment for purposes of Section 35-20-12.
Ala. Code § 35-10-20 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-20
Section 35-10-20 When Indebtedness Presumed to Have Been Paid
Status: in_force

As to third parties without actual notice or knowledge to the contrary, the indebtedness secured by any recorded mortgage, or reservation of vendor’s lien, either in deed of conveyance or note, bond or contract of purchase covering real estate 20 years past due according to the original maturity date, or some new date fixed by a duly recorded extension agreement, shall be conclusively presumed to have been paid unless the record of such mortgage or lien shows a credit by the mortgagee, or lienee, or owner of the debt, or his assignee of one or more payments upon such indebtedness within the 20 years last passed. And if the final maturity date of the debt is not shown by the mortgage or lien, or a recorded extension agreement, or cannot be determined by calculation from the recitals contained therein, then the time shall run from the date of the mortgage or lien.

The notation of credits mentioned in the next preceding paragraph may be made upon the record of any such mortgage, or vendor’s lien, by the owner of the indebtedness, or someone holding a duly recorded power of attorney authorizing it. Such notation must show the date of the payment made, the date the entry was made upon the record, and be witnessed by the probate judge of the county, or his duly authorized clerk.

Nothing in this section shall be interpreted as changing existing laws as to the rights of parties, or their devisees, or heirs-at-law to such mortgagees and lienholders as among themselves.

This section shall not apply to mortgages and deeds of trust executed by corporations and political subdivisions securing bonds and in which the maturity dates of the respective series of bonds which are permitted to be issued thereunder are not fixed in the mortgage or deed of trust.
Ala. Code § 35-6-119 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-119
Section 35-6-119 Replacement of Commissioners Upon Failure to Act
Status: in_force

If any of the commissioners for any cause fail to act, others may, at any time before division made, be appointed in their stead, and they shall have the same powers as if they had been originally appointed.
Ala. Code § 35-6-101 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-101
Section 35-6-101 Appointment of Appraisers; Report
Status: in_force

In such circumstances as described in section 35-6-100, and in the event the parties cannot reach agreement as to the price, the value of the interest or interests to be sold shall be determined by one or more competent real estate appraisers or commissioners, as the court shall approve, appointed for such purpose by the court. The appraisers or commissioners appointed under this section shall make their report in writing to the court within 30 days after their appointment.
Ala. Code § 35-11-412 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-412
Section 35-11-412 Filing of Verified Statement; Limitation of Actions
Status: in_force

(a) It shall be the duty of every person entitled to such a lien to file in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated, a statement in writing, verified by the oath of the person claiming the lien, or of some other person having knowledge of the facts, containing the amount of the demand secured by the lien, after all just credits have been given, a description of the property on which the lien is claimed in such a manner that same may be located or identified, and the name of the owner or proprietor thereof; but no error in the amount of the demand or in the name of the owner or proprietor shall affect the lien. Unless such statement is so filed the lien shall be lost. Said verified statement may be in the form set out in Section 35-11-150.

(b) The lien declared in this division shall be deemed lost unless the statement referred to in subsection (a) of this section shall be filed by the original contractor or his assigns within six months after the last item of work or labor has been performed or the last item of any material has been furnished for the improvement made under or by virtue of the contract with the owner or the proprietor of the land abutting the improvement, and any action for the enforcement thereof must be commenced within six months after the maturity of the entire indebtedness secured by said lien.
Ala. Code § 35-9B-2 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-2
Section 35-9B-2 Request for the Removal of an Unauthorized Individual from a Dwelling; Affidavit and Notice
Status: in_force

(a) The owner of a dwelling or the agent of the owner of a dwelling may request the removal of an unauthorized individual from the dwelling by submitting a sworn affidavit to a law enforcement agency in the county where the dwelling is located containing all of the following elements:

(1) The affiant is the owner of the dwelling or the agent of the owner of the dwelling.

(2) An individual has entered and is remaining unlawfully in the dwelling.

(3) The individual was not authorized to enter the dwelling or remain in the dwelling.

(4) The individual is not a tenant, as defined in Section 35-9A-141, or a holdover tenant, as described in Section 34-9A-441.

(5) The affiant has requested that the unauthorized individual vacate the dwelling as provided under this section and the individual has not done so.

(6) The unauthorized individual is not an immediate family member of the property owner.

(7) There is no pending litigation related to the dwelling between the property owner and the unauthorized individual.

(b) The sworn affidavit requesting the removal of an unauthorized individual from a dwelling must be substantially in the following form:

Affidavit to Remove An Individual Unauthorized to Occupy Dwelling

I, the owner, or authorized agent of the owner, of the dwelling located at ______________ declare under the penalty of perjury that:

1. I am the owner of the dwelling or the authorized agent of the owner of the dwelling.

2. The real property is a dwelling.

3. An unauthorized individual has unlawfully entered or remained in the dwelling.

4. The unauthorized individual is not a tenant, a holdover tenant, or an immediate family member of the owner, and any lease that may be produced by the unauthorized individual is fraudulent.

5. The unauthorized individual does not have an ownership interest in the property and is not listed on the title to the property unless the individual has engaged in title fraud.

6. There is no litigation related to the dwelling pending between the owner, or his or her agent, and any unauthorized individual.

7. Notice was provided by hand delivery to the unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling, and evidence of the notice, including the date and time of delivery, is attached.

8. I understand that an individual removed from the property pursuant to this affidavit may bring a cause of action against me for any false statements made in this affidavit, or for wrongfully using this procedure, and that, as a result of such action, I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.

9. I am requesting law enforcement to remove, as soon as possible, the unauthorized individual from the dwelling.

10. A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner’s behalf are attached.

I have read and assert the truth of every statement made in this affidavit. I understand that my statements in this affidavit are being made under penalty of perjury as provided in Section 13A-10-9.

[Signature of Property Owner or Agent of Property Owner]

[Contact Information of Property Owner or Agent of Property Owner]

(c) The affiant must provide notice at the dwelling notifying the unauthorized individual that he or she has no right to the dwelling and must vacate immediately. The notice must include the street address of the law enforcement agency where the affidavit will be delivered. A copy of the notice with the date and time of delivery must be attached to the affidavit.
Ala. Code § 35-8A-209 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-209
Section 35-8A-209 Plats and Plans
Status: reserved

(a) A clear and legible plat of the condominium property and plans, if required under subsection (d), shall be recorded in the office of the judge of probate in every county in which any portion of the condominium is located and shall contain a certification that the plat and plans, if any contain all information required by this section. If the plat contains all of the information described in subsections (b), (c), (d), and (g), plans are not required. The recorded plan and plans are part of the declaration.

(b) Each plat must show:

(1) The name of the condominium and a survey of the real property included in the condominium;

(2) The location and dimensions of all existing improvements located on the condominium property;

(3) The location and dimensions of any real estate subject to development rights reserved over any part of the condominium property, labeled to identify the rights applicable to each identified portion, but the plat need not designate or label which development rights are applicable if that information is clearly described in the declaration;

(4) The extent of any encroachments by or upon any portion of the condominium property;

(5) To the extent any easements can be shown on the plat, the location and dimensions of all easements serving or burdening any portion of the condominium property;

(6) To the extent they can be shown on the plat, the location and dimensions of any vertical unit boundaries and the identifying number of each unit;

(7) To the extent they can be shown on the plat, any horizontal unit boundaries with reference to an established datum and the identifying number of each unit;

(8) To the extent they can be shown on the plat, the location and dimensions of any limited common elements other than parking spaces and the limited common elements described in subdivisions (2) and (4) of Section 35-8A-202;

(9) A legally sufficient description of any real estate in which the unit owners will own only an estate for years, labeled as “leasehold real estate”;

(10) The distance between noncontiguous parcels of real property included in the condominium;

(11) A certification as to whether any portion of the real property contained in the condominium is located within a flood zone as determined by the federal agency charged with implementation of the National Flood Insurance Act and, if so, the flood zone classification. When any portion of the condominium property is located within a flood zone, the flood zone boundary shall be shown on the plat, together with the elevations and locations of all existing structures located within the flood zone area;

(12) The intended location and dimensions of any contemplated or proposed improvements to be constructed on the condominium property pursuant to any development right, which must be clearly labeled either “MUST BE BUILT” or “NEED NOT BE BUILT”; and

(13) All other matters customarily shown on land surveys.

(c) A general schematic map or a legal description of any real property that may be added to the condominium in the future pursuant to a development right reserved under Section 35-8A-205(a)(8) must either be included in the declaration or shown on an additional page of the plat. If the additional real property is shown on the plat, it must be clearly labeled that it is not part of the condominium property.

(d) To the extent not contained on the plat of the condominium property, plans of the condominium property improvements must be prepared and recorded that show:

(1) The location and dimensions of the vertical boundaries of each unit, and the identifying number for each unit;

(2) Any horizontal boundaries with reference to an established datum, and the identifying number for each unit; and

(3) The location and dimensions of any limited common elements other than parking spaces and the limited common elements described in subdivisions (2) and (4) of Section 35-8A-202; and

(4) The location and dimensions of any units in which the declarant has reserved the right to create additional units or common elements described in Section 35-8A-210(c) identified appropriately, unless the development rights are adequately described in the declaration.

(e) Unless the declaration provides otherwise, the horizontal boundaries of any part of a unit located outside of a building have the same elevation as the horizontal boundaries inside the building, and need not be depicted on the plats and plans.

(f) Upon exercising any development right that affects the condominium property, the declarant shall record new plats and plans necessary to conform to the requirements of subsections (a), (b), and (d), or new certifications of the plats and plans previously recorded if those plats and plans otherwise conform to the requirements of those subsections.

(g) Any certification of a plat or plan required by this section must be made by a registered engineer, a registered architect, or a licensed surveyor.
Ala. Code § 35-6-43 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-43
Section 35-6-43 Time and Place of Hearing; Notice; Guardians Ad Litem; Nonresidents as Parties
Status: in_force

Upon the filing of the application, a day not less than 30 days thereafter must be appointed for hearing the same; and of the time and place of such hearing, all parties in interest must have at least 10 days’ notice; and when infants or persons of unsound mind are parties, if they have no general guardians, guardians ad litem must be appointed to represent them; and if any of the parties in interest are nonresidents, they must 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 § 35-13-8 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-8
Section 35-13-8 Remedy of Owner When Taker Refuses to Deliver Property
Status: in_force

If the taker or the person in possession of the property fails to deliver the same to the owner on the order of the district court and the payment of, or offering to pay, all legal costs, charges, and expenses for keeping, such owner may recover the same; and the person failing also forfeits, to any person bringing an action for the same, double the appraised value of the property.
Ala. Code § 35-6-65 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-65
Section 35-6-65 Article Applicable to Executors or Administrators of Deceased Parties
Status: in_force

Should any of the parties interested in property, real or personal, held by joint owners or tenants in common, die, the provisions of this article shall fully apply to his executor or administrator.
Ala. Code § 35-12-20 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-20
Section 35-12-20 Short Title
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-13-1 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-1
Section 35-13-1 Right to Take Up and Secure Property Adrift
Status: in_force

All property adrift may be taken up by any person and secured.
Ala. Code § 35-8-1 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-1
Section 35-8-1 Short Title
Status: in_force

This chapter shall be known as the “Condominium Ownership Act.”
Ala. Code § 35-8A-107 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-107
Section 35-8A-107 Eminent Domain
Status: in_force

(a) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award must compensate the unit owner for the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit’s allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.

(b) Except as provided in subsection (a), if part of a unit is acquired by eminent domain, the award must compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, (i) that unit’s allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (ii) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.

(c) If part of the common elements is acquired by eminent domain the portion of the award attributable to the common elements taken must be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element must be divided among the owners of the units in accordance with the value of the interest assigned to the unit in that particular limited common element to which that limited common element was allocated at the time of acquisition.

(d) The court decree shall be recorded in every county in which any portion of the condominium is located.
Ala. Code § 35-9A-425 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-425
Section 35-9A-425 Landlord Liens; Distraint for Rent
Status: in_force

(a) A lien or security interest on behalf of the landlord in the tenant’s household goods is not enforceable unless perfected before January 1, 2007.

(b) Distraint for rent is abolished.
Ala. Code § 35-8A-108 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-108
Section 35-8A-108 Supplemental General Principles of Law Applicable
Status: in_force

The principles of law and equity, including the law of corporations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this chapter, except to the extent inconsistent with this chapter.
Ala. Code § 35-9A-601 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-601
Section 35-9A-601 Effective Date
Status: in_force

Except for subsection (b) of Section 35-9A-163 which shall become effective January 1, 2008, this chapter shall become effective on January 1, 2007. It applies to rental agreements entered into or extended or renewed on and after that date.
Ala. Code § 35-12-80 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-80
Section 35-12-80 Public Sale 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) Except as otherwise provided in this section, the Treasurer, within three years after the receipt of abandoned property, shall sell it to the highest bidder at public sale. The Treasurer may decline the highest bid and reoffer the property for sale if the Treasurer considers the bid to be insufficient. The Treasurer need not offer the property for sale, if the Treasurer considers that the probable cost of sale will exceed the proceeds of the sale. A sale held under this section shall be preceded by a single publication of notice, at least three weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.

(b) Securities listed on an established stock exchange must be sold at prices prevailing on the exchange at the time of sale. Other securities may be sold over the counter at prices prevailing at the time of sale or by any reasonable method selected by the Treasurer. All securities delivered to the Treasurer may be sold upon receipt.

(c) Any person making a claim pursuant to this section is entitled to receive either the property delivered by the holder, if it still remains in custody of the Treasurer, or the proceeds received from sale, less any fees and expenses incurred from the sale if deducted. No person has any claim under this article against the state, the Treasurer, the holder, any transfer agent, any auctioneer, or any person acting for or on behalf of the holder or Treasurer for any appreciation or depreciation in the value of property occurring after delivery by the holder to the Treasurer.

(d) A purchaser of property at a sale conducted by the Treasurer pursuant to this article takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Treasurer shall execute all documents necessary to complete the transfer of ownership.
Ala. Code § 35-4-292 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-292
Section 35-4-292 Effect of Grant of Absolute Power
Status: in_force

(a) When an absolute power of disposition, not accompanied by any trust, is given to the owner of a particular estate for life or years, such estate is changed into a fee absolute, as to the rights of creditors and purchasers, but subject to any future estates limited thereon, in case the power is not executed or the lands sold for the satisfaction of debts during the continuance of such particular estate.

(b) When a like power of disposition is given to any person to whom no particular estate is limited, such person also takes a fee, subject to any future estate which may be limited thereon; but absolute in respect to creditors and purchasers.

(c) In all cases where such absolute power of disposition is given, not accompanied by any trust, and no remainder is limited on the estate of the donee of the power, he has an absolute fee.
Ala. Code § 35-7-4 — Alabama Code / Title 35 / Chapter 7 / Section 35-7-4
Section 35-7-4 Ascertainment of Amount to Be Paid Upon Failure of Parties to Agree
Status: in_force

If the parties cannot agree, on application by either to the district court in the county in which such fence is, such court must issue an order in writing to three disinterested freeholders of such county, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting the same; and such freeholders, on a day to be by them appointed, of which both parties must have notice, must examine such fence and report to the court the proportionate amount to be paid to the person erecting the fence; and if such amount is not paid within 10 days after such report, the court must issue execution therefor, with costs, as provided in section 35-7-5, to be collected and returned as other executions.
Ala. Code § 35-12-43 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-43
Section 35-12-43 Examination of Records by Treasurer
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-8A-104 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-104
Section 35-8A-104 Variation by Agreement
Status: in_force

Except as expressly provided in this chapter, provisions of this chapter may not be varied by agreement, and rights conferred by this chapter may not be waived. A declarant may not act under a power of attorney, or use any other device, to evade the limitations or prohibitions of this chapter or the declaration.
Ala. Code § 35-6-83 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-83
Section 35-6-83 Guardian Ad Litem
Status: in_force

The court must appoint a guardian ad litem to represent the interest of such ward upon such hearing, as provided by law for the appointment of guardians ad litem in such court. The person so appointed such guardian ad litem must deny in writing the allegations of such report and resist the confirmation of such sale, and, if necessary, must, with the approval of the court, employ counsel to defend the interest of the person he so represents. He is entitled to reasonable compensation, and an allowance for reasonable fees of such counsel as he may so employ, to be fixed by the court and taxed and collected as costs in the action.
Ala. Code § 35-8A-318 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-318
Section 35-8A-318 Association Records
Status: in_force

The association shall keep financial records sufficiently detailed to enable the association to comply with Section 35-8A-409. All financial and other records shall be made reasonably available for examination by any unit owner and his or her authorized agents and such records shall be made available in the county where the condominium is located. A reasonable fee or hourly charge may be assessed for this service.
Ala. Code § 35-4-120 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-120
Section 35-4-120 Short Title
Status: in_force

This division may be cited as the Alabama Uniform Real Property Electronic Recording Act.
Ala. Code § 35-15-2 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-2
Section 35-15-2 Effect of Permission to Use Premises
Status: in_force

An owner, lessee, or occupant of premises who gives permission to another to hunt, fish, trap, camp, hike, sight-see, cave, climb, rappel, or engage in other sporting or recreational activities upon such premises does not thereby extend any assurance that the premises are safe for such purpose nor constitute the person to whom permission has been granted the legal status of an invitee to whom a duty of care is owed or assume responsibility for or incur liability for any injury to person or property caused by an act of such person to whom permission has been granted, except as provided in Section 35-15-4.
Ala. Code § 35-8-20 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-20
Section 35-8-20 Termination of Condominium
Status: in_force

(a) The condominium property may be removed from the provisions of this chapter provided that all unit owners agree and all holders of record of liens affecting any of the units consent or agree, in either case by instruments duly recorded, that their liens be transferred to the undivided share of the unit owner in the property as hereinafter provided.

(b) A circuit court may grant the petition of any unit owner for a removal of the condominium property from the provisions of this chapter and a partition under the following circumstances:

(1) In the event of total destruction of all improvements of the condominium property and no agreement is reached to rebuild such improvements within a reasonable time, or such rebuilding has not been completed within a reasonable time.

(2) In the event of substantial destruction, deterioration, or obsolescence of the condominium property and no agreement is reached to repair, reconstruct, or rebuild such property within a reasonable time, or such repair, reconstruction, or rebuilding has not been completed within a reasonable time, and at least a majority of votes of unit owners shall be cast in favor of such removal.

(c) Upon removal of the condominium property from the provisions of this chapter, the property shall be deemed to be owned in common by those who were unit owners at the time of such removal. The undivided share in the property owned in common by each such owner with respect to the previous common elements shall be the undivided interest previously owned by such owner in the previous common elements. The undivided share in the property owned in common by each such owner with respect to the previous limited common elements shall be the undivided interest previously owned by each such owner in the previous limited common elements. The undivided share in the property owned in common by each such owner with respect to the previous private elements may be determined by an appraisal of all previous private elements and a computation of the relation that the value of each such owner’s previous private elements bears to the value of all previous private elements or such other reasonable method of determination as the declaration may provide. Under no circumstances shall anyone other than the owner of a unit at the time of removal be entitled to the use of any previous element of such previous unit subsequent to the removal of the condominium property from the provisions of this chapter and prior to the sale of such previous element.

(d) After termination of a condominium in any manner, the liens upon the previous units shall be upon the respective undivided interests of the owners as tenants in common.

(e) The termination of a condominium shall not bar the creation of another condominium affecting all or part of the same property.
Ala. Code § 35-20-3 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-3
Section 35-20-3 Applicablity of Chapter
Status: in_force

(a) This chapter applies to all developments subject to a declaration providing for a homeowners’ association recorded in the office of the judge of probate in the county in which the development, or any part thereof, is located on or after January 1, 2016, and any association formed prior to that time, provided the association, by a majority of its members, elects to be governed by this chapter.

(b) This chapter does not apply to any of the following:

(1) A development for commercial, industrial, or other nonresidential use.

(2) Any association that is subject to regulation under Chapters 8 or 8A of this title.

(3) A real estate cooperative, time-share development, or campground.
Ala. Code § 35-9A-442 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-442
Section 35-9A-442 Landlord and Tenant Remedies for Abuse of Access
Status: in_force

(a) If a tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement pursuant to Section 35-9A-421. In either case, the landlord may recover actual damages.

(b) If a landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes excessive demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement pursuant to Section 35-9A-401. In either case, the tenant may recover actual damages.
Ala. Code § 35-11-91 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-91
Section 35-11-91 Lien Declared in Favor of Agricultural Laborers and Superintendents
Status: in_force

Agricultural laborers and superintendents of plantations shall have a lien upon the crops grown during the current year in and about which they are employed, for the hire and wages due them for labor and services rendered by them in and about the cultivation of such crops under any contract for such labor and services; but such liens shall be subordinate to the landlord’s lien for rent and advances, and to any other lien for supplies furnished to make the crops.
Ala. Code § 35-6A-5 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-5
Section 35-6A-5 Commisioners
Status: in_force

If the court appoints commissioners pursuant to Section 35-6-45 and Section 35-6-62, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in Sections 35-6-45, 35-6-46, and 35-6-62, shall be disinterested and impartial and not a party to or a participant in the action.
Ala. Code § 35-6-115 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-115
Section 35-6-115 Decree of Partition or Sale; Effect on Existing Liens
Status: in_force

(a) If, on the hearing, the court is satisfied from the evidence that the parties are joint owners or tenants in common in the crops, a decree must be entered, declaring the interest or share each has therein, and ordering the crops divided in specie, or sold for division, as may appear from the evidence more practicable and better for the interests of the parties; and if any liens exist on the crops, or on any interest or share therein, in favor of any of the parties, such liens, and the extent and amount thereof, must be declared; and if a division in specie is ordered, such liens shall be charges only on the shares of the parties against whom they exist, but if a sale is ordered, the proceeds of the shares or interest upon which they exist, after payment of their part of the costs, shall be applied to the satisfaction of such liens.

(b) When any lien exists on the crops, or on any share or interest therein, in favor of any person other than the joint owners or tenants in common, such person must be made a party to the application, and his lien declared and protected; and if division in specie is made, such lien shall thenceforth rest only on the share or interest of the party against whom it exists; but if a sale is made, such lien shall be satisfied out of the proceeds of the share or interest upon which it exists; but such share or interest must first be made to contribute its share of the costs.
Ala. Code § 35-20-6 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-6
Section 35-20-6 Formation of Association
Status: in_force

A homeowners’ association provided for in a declaration and subject to this chapter shall be formed prior to the conveyance of any lot in the development by the declarant.
Ala. Code § 35-4-250 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-250
Section 35-4-250 Effect of Use, Trust, or Confidence for Mere Benefit of Third Persons
Status: in_force

No use, trust, or confidence can be declared of any land, or of any charge upon the same, for the mere benefit of third persons; and all assurances declaring any such use, trust, or confidence must be held and taken to vest the legal estate in the person or persons for whom the same is declared; and no estate or interest can vest thereby in any trustee.
Ala. Code § 35-3-21 — Alabama Code / Title 35 / Chapter 3 / Section 35-3-21
Section 35-3-21 Order for Survey on Motion of Party - Filing; Notice to Show Cause; Continuance
Status: in_force

(a) Any party to such action may file a motion therein stating the reasons why such a survey should be made and praying that the court appoint a competent surveyor or surveyors to make such survey; and, upon presenting said motion to the judge of the court he shall enter an order fixing a day on which the same shall be heard and directing the other parties to said action to show cause, if any, why such survey should not be made as prayed in said motion.

(b) The notice to show cause why such survey should not be made shall be given by the service of a copy of the order of the court, relative thereto when made by the court without application of a party to said action, or, when based on a motion by a party to said action, then by service of a copy of such motion and the order of the court on said motion on the party or his attorney of record as directed by the court in its order. Such notice shall be for not less than 10 days. The court may continue such hearing from time to time as in its opinion is proper.
Ala. Code § 35-2-34 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-34
Section 35-2-34 Registration of Employees; Private Surveying or Consultation Not Permitted
Status: in_force

Every employee of the division of land surveys who is engaged in work required by law to be done by a registered land surveyor will be so registered. No employee of the division shall engage in private land surveying or consultation while so employed by the division.
Ala. Code § 35-3-20 — Alabama Code / Title 35 / Chapter 3 / Section 35-3-20
Section 35-3-20 Order for Survey on Motion of Court
Status: in_force

(a) Whenever in any action pending in the circuit court it is pertinent and material to the determination of the issue or issues therein or to the proper entering of a description in the judgment therein to establish or fix a disputed land line or boundaries between coterminous landowners, or to locate the position of a line of the government survey, or to locate a landmarker or other object, the court may, as provided in this article, direct a competent surveyor or surveyors to make a survey for the purpose of fixing or establishing the disputed land line or boundaries between coterminous landowners or of locating the position of a line of the government survey or of locating a landmarker or other object.

(b) If the court is of the opinion that such survey should be made it shall enter an order stating the reasons why, in its opinion, such survey should be made and fixing a day on which to hear objections thereof and directing the parties to said action to show cause, if any, why such survey should not be made as proposed in said order.
Ala. Code § 35-15-4 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-4
Section 35-15-4 General Duty of Care or Ground of Liability Not Created
Status: in_force

Nothing in this article creates a duty of care or ground of liability for injury to person or property.
Ala. Code § 35-5A-11 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-11
Section 35-5A-11 Transfer to Be for One Minor; Only One Custodian; Single Custodianship
Status: in_force

A transfer may be made only for one minor, and only one person may be the custodian. All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.
Ala. Code § 35-9A-406 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-406
Section 35-9A-406 Fire or Casualty Damage
Status: in_force

(a) If the dwelling unit or premises are damaged or destroyed by fire or casualty not caused by the tenant to an extent that enjoyment of the dwelling unit is substantially impaired, the tenant may:

(1) immediately vacate the premises and notify the landlord in writing within 14 days thereafter of the tenant’s intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or

(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the tenant’s liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit.

(b) If the rental agreement is terminated pursuant to this section, the landlord shall return all security recoverable under Section 35-9A-201 and all unearned prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty.
Ala. Code § 35-19-5 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-5
Section 35-19-5 Validity and Enforceability of Environmental Covenants
Status: in_force

(a) An environmental covenant that complies with this chapter runs with the land.

(b) An environmental covenant that is otherwise effective is valid and enforceable even if any one or more of the following conditions apply:

(1) It is not appurtenant to an interest in real property.

(2) It can be or has been assigned to a person other than the original holder.

(3) It is not of a character that has been recognized traditionally at common law.

(4) It imposes a negative burden.

(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder.

(6) The benefit or burden does not touch or concern real property.

(7) There is no privity of estate or contract.

(8) The holder dies, ceases to exist, resigns, or is replaced.

(9) The owner of an interest subject to the environmental covenant and the holder are the same person.

(c) An instrument that creates restrictions or obligations with respect to real property which would qualify as activity and use limitations except for the fact that the instrument was recorded before January 1, 2008, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter does not apply in any other respect to such an instrument.

(d) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
Ala. Code § 35-9-2 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-2
Section 35-9-2 When Tenant at Will Entitled to Emblements
Status: in_force

The tenant at will is entitled to his emblements, if the crop is sowed before notice to quit by the landlord, or the tenancy otherwise suddenly terminated, as by sale of the estate by the landlord, or by judicial sale, or death of the landlord or tenant.
Ala. Code § 35-8A-306 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-306
Section 35-8A-306 Bylaws
Status: in_force

(a) The bylaws of the association must provide for:

(1) The number of members of the board and the titles of the officers of the association;

(2) Election by the board of a president, treasurer, secretary, and any other officers of the association the bylaws specify;

(3) The qualifications, powers and duties, terms of office, and manner of electing and removing board members and officers and filling vacancies;

(4) Which, if any, of its powers the board or officers may delegate to other persons or to a managing agent;

(5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and

(6) The method of amending the bylaws, but in no event shall the required percentage for amendment of the bylaws exceed two-thirds of the total association.

(b) Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
Ala. Code § 35-14-2 — Alabama Code / Title 35 / Chapter 14 / Section 35-14-2
Section 35-14-2 Fruit or Ornamental Trees, Etc
Status: in_force

Any person who cuts down, digs up, girdles, destroys, or mutilates any fruit tree or ornamental tree, or shrub, bush, or plant which is inclosed on premises not his own, wilfully and knowingly, without the consent of the owner, must pay to such owner $15.00 for every such tree, shrub, or plant.
Ala. Code § 35-12A-10 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-10
Section 35-12A-10 Conduct of Public or Private Sales
Status: in_force

A public or private sale authorized by this chapter shall be conducted consistent with the terms listed in Section 35-12A-8 and every aspect of the sale including the method, manner, time, place, and terms must be commercially reasonable.
Ala. Code § 35-2-60 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-60
Section 35-2-60 Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Recordation of Judgment
Status: in_force

If the final judgment or order of the court provides that any map, plat, survey, road, street, or alley shall be vacated or annulled in whole or in part, the petition or complaint, together with the final order or judgment of the court, shall be recorded in the office or offices in which the map, plat, or survey showing such roads, streets, or alleys are recorded, and the order or judgment of the court shall not be final until such petition, complaint, order, or judgment is so recorded.
Ala. Code § 35-11-4 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-4
Section 35-11-4 Order of Resort to Different Things
Status: in_force

Where one has a lien upon different things, and other persons have subordinate liens upon, or interests in, some but not all of the same things, the person having the prior lien, if he can do so without risk of loss to himself, or of injustice to other persons, must resort to the property in the following order, on the written demand of any party interested:

(1) To the things upon which he has an exclusive lien;

(2) To the things which are subject to the fewest subordinate liens;

(3) In like manner inversely to the number of subordinate liens upon the same thing; and

(4) When several things are within one of the foregoing classes, and subject to the same number of liens, resort must be had:

a. To the things which have not been transferred since the prior lien was created;

b. To the things which have been so transferred without a valuable consideration; and

c. To the things which have been so transferred for a valuable consideration in the inverse order of the transfer.
Ala. Code § 35-4-34 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-34
Section 35-4-34 Recitation of Consideration Unnecessary
Status: in_force

No deed or other conveyance creating or transferring any interest in land shall be invalid or ineffective because of the fact that it does not recite a good or valuable consideration or no such consideration exists or is given; provided that this section shall in no way affect any equitable rights or remedies of the parties to the deed or other conveyance.

A deed or other conveyance purporting to create or transfer any interest in land, executed prior to January 21, 1971, shall be valid and effective notwithstanding the fact that it does not recite a good or valuable consideration or no such consideration existed or was given; provided, that this section shall in no way affect any equitable rights or remedies of the parties to the deed or other conveyance.
Ala. Code § 35-4-382 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-382
Section 35-4-382 Validity of Conveyances by State Agencies
Status: in_force

All conveyances of real estate made by any department, commission, or other agency of the state, when the legal title to any property is vested in any department, commission, or other agency of the state, shall be invalid and void unless approved in writing by the Governor on the face of such conveyance.