Ala. Code § 35-8B-1 — Alabama Code / Title 35 / Chapter 8B / Section 35-8B-1
Section 35-8B-1 Definitions; Sale of Alcoholic Beverages
Status: in_force

(a)(1) “Community development district” means a private residential development that meets all of the following criteria:

a. Is a size of at least 250 acres of contiguous land area.

b. Has at least 100 residential sites, platted and recorded in the probate office of the county as a residential subdivision.

c. Has streets that were or will be built with private funds.

d. Has a social club with all of the following:

1. An 18-hole golf course of regulation size.

2. A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons.

3. Social club memberships with at least 100 paid-up members who have paid a membership initiation fee of not less than two hundred fifty dollars ($250) per membership.

4. Membership policies whereby membership is not denied or impacted by an applicant’s race, color, creed, religion, or national origin.

5. A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold.

(2) The sale of any alcoholic beverages in any community development district established under this subsection shall be subject to a tax levied by the county on any sale at the same rate as the tax on any sale of liquor in the largest municipality in the county in which the district is established and shall be distributed as provided in Section 35-8B-5.

(b) “Community development district” also means privately owned property used for social purposes that meets all of the following criteria:

(1) Is a size of at least 250 acres of contiguous land area.

(2) Is located in a dry county that has one or more wet municipalities, but outside the corporate limits of any municipality.

(3) Is a social club with all of the following:

a. An 18-hole golf course of regulation size.

b. A marina and boat storage facility with at least 35 spaces.

c. A clubhouse with more than 20,000 square feet.

d. A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 88 patrons.

e. At least 600 paid-up golf or social members who have paid a membership initiation fee of not less than two thousand dollars ($2,000) per family or individual membership.

f. Membership policies whereby membership is not denied or impacted by an applicant’s race, color, creed, religion, or national origin.

g. A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold.

(c) In addition to the limitations specified in Section 35-8B-3, with regard to a community development district defined in subsections (a) and (b), alcoholic beverages shall be sold only for on-premises consumption, as defined in Section 35-8B-3(a)(3), and in regard to a community development district defined in subsection (b), alcoholic beverages shall not be sold within 3,000 feet of the south right-of-way of any state or federal highway adjacent to any such district.

(d)(1) “Community development district” also means a private residential development that may or may not include additional contiguous privately-owned property used for residential, social, commercial, or charitable purposes that meets all of the following criteria:

a. Is the size of at least 650 acres of contiguous land area, but may also contain noncontiguous land if so divided by a public highway which shall be made part of the district per the articles of establishment.

b. Is located in a dry county that has one or more wet municipalities, but may be outside the corporate limits of any municipality or within the corporate limits of a municipality.

c. Has all of the following:

1. At least a 9-hole golf course.

2. An amenity complex to include a fitness center and a swimming pool.

3. A clubhouse with at least 7,000 square feet.

4. A restaurant or eatery used for the purpose of preparing and serving meals, with a seating capacity of at least 50 patrons.

5. A recreational lake of at least 30 acres.

6. At least 200 paid-up golf or club memberships paid initially by either the developer, residential landowners, or commercial entities located within the district at the rate of at least five hundred dollars ($500) per membership provided the developer reserves the right through residential and commercial lease and purchase agreements to require additional membership and initiation fees and further provided the developer has the discretion to restrict use of the golf course to district landowners and guests or at the developer’s discretion to extend use of the golf course to the general public subject to fees set and determined by the developer which may differ from fees applicable to residential and commercial lease and purchase agreements.

7. Membership policies whereby membership is not denied or impacted by an applicant’s race, color, religion, or national origin.

d. May include a multi-purpose use entertainment facility with a minimum capacity to accommodate at least 7,500 patrons.

e. May include commercial establishments.

(2) Notwithstanding any other provisions of law, the sale and distribution of alcoholic beverages, including draft or keg beer, by licensees of the Alcoholic Beverage Control Board shall be authorized in a community development district defined under this subsection, and Section 35-8B-3 shall not apply.

(e) “Community development district” also means a commercial district located in a wet county that does not authorize Sunday sales and outside the corporate limits and police jurisdiction of any municipality and which has a restaurant with a seating capacity of at least 120, a grocery-delicatessen, riding stables and riding trails, a community information center, outdoor programming activities, and rural lifestyle demonstrations.

(f) “Community development district” also means a commercial district located in a wet county that does not authorize Sunday sales, has a restaurant with a seating capacity of at least 120, is adjacent to a marina with at least 34 boat slips, and is located on property where the marina and restaurant are under common ownership.

(g) “Community development district” also means a commercial district that includes a marina located on a river in an unincorporated area of a wet county that does not authorize seven-day sales with two separate food and beverage buildings with a combined space of at least 7,500 square feet connected by a boardwalk and separated by a patio with an entertainment stage.

(h) “Community development district” also means a commercial district located in a dry county that shares a geographic border with another state, has an elevation of at least 1,500 feet, and has a recreational waterway, specialty shops and restaurants, summer camps and retreat centers, an art gallery, and annual festivals showcasing the area.

(i)(1) “Community development district” also means a commercial district that borders on a lake that is formed by an impounded reservoir of a river whose source is in a federal wilderness area and has a marina with not less than 30 boat slips and a restaurant with seating capacity of not less than 100 seats of which not less than 50 seats must be inside seating and is located on property where the marina and restaurant are under common ownership. In addition to any other requirements by law, the restaurant shall obtain a business license from the local governing body having primary jurisdiction of the property where the restaurant is located and shall be subject to additional regulation as determined necessary by the local governing body. Only one restaurant license per community development district shall be allowed.

(2) The sale of any alcoholic beverages in any community development district established under this subsection shall be subject to a tax levied by the county on any sale at the same rate as the tax on any sale of liquor in the largest municipality in the county in which the district is established and shall be distributed as provided in Section 35-8B-5.

(j) “Community development district” also means a parcel of real property that meets all of the following criteria:

(1) It is owned by the same person or entity.

(2) It consists of not less than 160 acres.

(3) It is located partially in a dry county and partially in a wet county.

(4) It contains a lake of not less than 70 acres with a fishing resort consisting of a rental boathouse, campsites, and a community room.

(k) “Community development district” also means a parcel of real property that meets all of the following:

(1) Consists of at least 1,600 acres.

(2) Holds concerts and other family-oriented events.

(3) Is located in a dry county with at least one wet municipality.

(l) “Community development district” also means a commercial district located in a wet county that does not authorize Sunday sales which district is composed of resort property consisting of 3,000 or more contiguous acres under common ownership, has a public golf course with a practice area and clubhouse, has a restaurant on the property, has overnight accommodations consisting of 40 or more guest suites, and has a shooting range.

(m) “Community development district” also means a parcel of land in a resort area consisting of a lodge for overnight accommodations and homesites that include vacation rentals and meets all of the following:

(1) The development was originally developed by entities owned by the same family.

(2) It consists of not less than 180 acres located in a dry county which borders an adjoining state and has an elevation of not less than 1,100 feet.

(3) It has a lodge providing overnight accommodations, including a dining facility with a seating capacity of not less than 50 which is open to the public.

(4) It contains a platted subdivision of not less than 90 homesites, including homes available for vacation rental with plans for additional development.

(5) It is located on a bluff over the backwaters of a major river that flows through an adjoining state and flows through or borders on another adjoining state.

(n) “Community development district” also means a commercial district located in a wet county that does not authorize Sunday sales, has a restaurant with a seating capacity of at least 96 seats inside and 24 seats outside, is located on a lake and adjacent to docking facilities and boat slips for at least 24 boats, is licensed only to sell beer and wine, and is located on property where the restaurant and boat slips and docking facilities are under common ownership.

(o) “Community development district” also means privately owned property that meets all of the following criteria:

(1) It is used for social purposes.

(2) It is located in a dry county that has one or more wet municipalities, but outside the corporate limits of any municipality.

(3) It has a marina and a boat storage facility with at least 150 spaces.

(4) It has a shipstore with at least 2,200 square feet.

(5) It is adjacent to a lake of at least 100,000 acres.

(6) It has a restaurant or eatery used for the purpose of preparing and serving meals, with a seating capacity of at least 40 patrons.

(p) “Community development district” also means an area owned by an industrial development board located in a dry county with a wet municipality, but in a municipality that has more than 750 persons, according to the 2010 federal decennial census, and the property meets all of the following:

(1) The property is in a county bordering on two other states.

(2) The property is on a bluff overlooking a river flowing through two adjoining states.

(3) The property would be used only for a hotel having not less than 50 rooms and a restaurant.

(q)(1) “Community development district” also means privately owned property that meets all of the following criteria:

a. It is located in a dry county that has one or more wet municipalities, but outside the corporate limits of any municipality.

b. It consists of at least 60 acres.

c. It has facilities on the property which employ a full-time management staff for the social activities of the facilities, including the management of the premises where food and drink are sold.

d. It has a restaurant or eatery used for the purpose of preparing and serving meals, with a seating capacity of at least 500 patrons operated on the property.

e. It has concerts and other family-oriented events held on the property.

f. It has overnight accommodations with the capacity to sleep at least 70 individuals.

g. It has at least five fishing ponds.

h. It has an amphitheater for outdoor entertainment events.

i. It has a chapel for wedding services.

j. It has an RV park with a capacity of at least four RVs.

k. It has five reception halls with a seating capacity of at least 1,900 individuals.

l. It has an outdoor stage.

(2) The sale of any alcoholic beverages in any community development district established under this subsection shall be subject to a tax levied by the county on any sale at the same rate as the tax on any sale of liquor in the largest municipality in the county in which the district is established and shall be distributed as provided in Section 35-8B-5.

(r)(1) “Community development district” also means property that meets all of the following criteria:

a. It is located in a dry county that shares a border with another state and which contains at least one wet municipality, but the property is located outside the corporate limits of any municipality.

b. It is adjacent to a river flowing through two adjoining states.

c. It has at least one restaurant with a seating capacity of at least 40 patrons.

d. It contains a contiguous land area of private residential development amounting to more than 250 acres.

e. It contains over 100 residential sites, platted and recorded.

f. It contains streets that are, or will be, built with private funds.

g. It contains an 18-hole public golf course of regulation size, which offers an annual subscription or membership to cover the cost of greens fees.

(2) Notwithstanding any other provisions of law, the sale and distribution of alcoholic beverages, including draft or keg beer, by licensees of the Alcoholic Beverage Control Board shall be authorized in a community development district defined under this subsection and Section 35-8B-3 shall not apply.

(s)(1) “Community development district” also means a commercial district or resort that borders on a lake that is formed by an impounded reservoir of a river whose source is in a federal wilderness area that meets the following criteria:

a. Is a size of at least 500 or more acres of contiguous land area;

b. Is located in a dry county that has one or more wet municipalities, but is located outside the corporate limits of any wet municipality;

c. Has a hotel or lodge or rental homes with a minimum of 100 rooms;

d. Has at least one 18-hole golf course of regulation size;

e. Has a marina with not less than 50 boat slips or storage spaces;

f. Has a clubhouse;

g. Has more than one restaurant, bar, or tavern or other eatery used exclusively for the purpose of preparing and serving meals or beverages or both, seven days per week, with at least one restaurant having a seating capacity for at least 50 patrons;

h. Has a conference center; and

i. Has membership policies that provide that membership is not denied or impacted by an applicant’s race, color, creed, religion, or national origin.

(2) In a community development district as defined in this subsection, alcoholic beverages shall be sold only by licensees of the Alabama Alcoholic Beverage Control Board for consumption, including Sunday sales, within or on a licensee’s property and as otherwise provided herein. An Alcoholic Beverage Control licensee in the district may operate a resort-owned luxury fine dining dinner cruise and special events yacht which may serve meals or alcoholic beverages, or both, while on the water, provided, the following minimum criteria are met: (i) length of not less than 60 feet; (ii) U.S. Coast Guard approved seating capacity of not less than 40; and (iii) operated by a USCG licensed captain. The restaurant or tavern shall obtain a business license from the local governing body having primary jurisdiction of the property where the restaurant is located and shall be subject to additional regulation as determined necessary by the local governing body.

(t) If a community development district is located in any county, including within any wet or dry municipality located within the county, the county shall participate in the distribution of taxes and license fees pursuant to Chapters 3 and 3A of Title 28.

(u) Any alcohol revenues received by a county under Act 2007-417 shall offset in an equal amount any T.V.A. in-lieu-of-taxes payments received by the county. Any T.V.A. in-lieu-of-taxes payments replaced by alcohol revenues under this subsection shall be distributed to T.V.A.-served counties.

(v) If a community development district established prior to June 1, 2014, becomes a new municipality pursuant to Sections 11-41-1 and 11-41-2, the section requiring a vote of the residents of the property described in the petition, the new municipality created thereby shall be wet and the sale and distribution of alcoholic beverages therein shall be authorized to the full extent of any other wet municipality. In addition to the other requirements for incorporating into a municipality set forth in Sections 11-41-1 and 11-41-2, the petition shall provide notice to potential voters that if the new municipality is incorporated it shall be wet.
Ala. Code § 35-9-85 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-85
Section 35-9-85 Trial Upon Delivery of Counter Affidavit
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-9-33 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-33
Section 35-9-33 Assignment of Claim for Rent and Advances
Status: in_force

The claim of the landlord for rent and advances, or for either, may be by him assigned; and the assignee shall be invested with all the landlord’s rights, and entitled to all his remedies for their enforcement.
Ala. Code § 35-4-430 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-430
Section 35-4-430 Intent
Status: in_force

The Legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The Legislature further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or imposed. Thus, the Legislature finds and declares that a private transfer fee obligation should not run with the title to property or otherwise bind subsequent owners of property under any common law or equitable principle.
Ala. Code § 35-4-93 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-93
Section 35-4-93 Marriage Settlements
Status: in_force

Personal property conveyed in consideration of marriage, when the possession remains with the husband or the husband and wife, must be taken as the property of the husband, in favor of purchasers without notice and creditors, unless such conveyance is recorded in the county of the husband’s residence, within 12 months after such possession commenced in this state; and, if the husband removes to another county, within four months after such removal.
Ala. Code § 35-10-2 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-2
Section 35-10-2 Sale Under Power Where Instrument Silent as to Place or Terms of Sale
Status: in_force

If a deed of trust or mortgage, with power of sale, is silent as to the place or terms of sale, or as to the character or mode of notice, a sale may be made at the courthouse door of the county wherein the land is situated, after condition broken, for cash to the highest bidder, after 30 days’ notice of the time, place and terms of sale by publishing such notice once a week for four consecutive weeks in a newspaper published in the county wherein said lands or property in said mortgage or deed of trust are situated.
Ala. Code § 35-6A-6 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-6
Section 35-6A-6 Determination of Value of Property; Appraisal; Notice and Hearing
Status: in_force

(a) Except as otherwise provided in subsection (b) and subsection (c), if the court determines that the property that is the subject of a partition action is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).

(b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation.

(c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.

(d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.

(e) If an appraisal is conducted pursuant to subsection (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating all of the following:

(1) The appraised fair market value of the property.

(2) That the appraisal is available at the clerk’s office.

(3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.

(f) If an appraisal is filed with the court pursuant to subsection (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subsection (e), whether or not an objection to the appraisal is filed under subdivision (3) of subsection (e). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party.

(g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Ala. Code § 35-4-5 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-5
Section 35-4-5 Conveyance to Avoid Perpetuities
Status: in_force

Lands may be conveyed within the limits fixed by law, so as to avoid perpetuities, and subject to such other restrictions as are imposed by this Code for such terms as the owner thinks proper; and courts are enjoined to give effect in such cases to the intention and meaning of the parties.
Ala. Code § 35-4-171 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-171
Section 35-4-171 Removal of Personalty
Status: in_force

The tenant for life in personalty cannot remove it beyond the jurisdiction of this state without the consent of the remainderman. If he attempts to do so, the remainderman or reversioner is entitled to the writ of ne exeat to restrain him.
Ala. Code § 35-4-68 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-68
Section 35-4-68 Form of Proof or Acknowledgment of Conveyances
Status: in_force

All conveyances admitted to record on proof must be attested by two witnesses, and the proof or acknowledgment must comply substantially with the foregoing forms or the conveyances lose the privileges conferred by section 35-4-65.
Ala. Code § 35-10-92 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-92
Section 35-10-92 Submission of a Satisfaction of a Security Instrument for Recording
Status: in_force

(a) A secured creditor shall submit for recording a satisfaction of a security instrument within 30 days after the creditor receives full payment and performance of the secured obligation, and the secured creditor has no obligation to make advances, incur obligations, or otherwise give value under any agreement. Equity line security instruments are fully paid and performed only if, in addition to full payment and performance, the equity line previously has been closed pursuant to the request of the entitled person or the entitled person’s authorized agent or otherwise closed as provided by law and all secured obligations have been paid in full.

(b) Notwithstanding anything to the contrary in this article, any notification demanding satisfaction of the security instrument must be sent to the secured creditor’s address by a method that also provides proof of receipt by the secured creditor.

(c) A secured creditor that is required to submit a satisfaction of a security instrument for recording and does not do so by the end of the period specified in subsection (a) is liable to the mortgagors for five hundred dollars ($500) if following the expiration of the time period in subsection (a) the mortgagors make a written request to the secured creditor to record a satisfaction and the secured creditor fails to do so within 21 days after receipt of the written request. The written request must be signed by the mortgagors and by all other persons who have a right to require the mortgage to extend value or signed by an authorized agent of these persons.

(d) A secured creditor that is required to submit a satisfaction of a security instrument for recording and does not do so by the end of the period specified in subsection (c) is not liable to the mortgagors other than for the penalty set forth in subsection (c) and any actual economic damages directly caused by the failure to comply with this section.

(e) A secured creditor is not liable under this article if it does the following:

(1) Establishes a reasonable procedure to achieve compliance with its obligations under this article.

(2) Complies with that procedure in good faith as defined in Section 7-9A-102(43).

(3) Fails to comply with its obligations either because of circumstances beyond its reasonable control or as a result of a bona fide error, notwithstanding maintenance of reasonable procedures of compliance.

(f) Subsections (a), (b), (c), and (d) do not apply if the secured creditor receives full payment or performance of the secured obligation before March 1, 2013.
Ala. Code § 35-13-5 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-5
Section 35-13-5 Compensation of Taker
Status: in_force

(a) The taker is entitled to 10 percent on the appraised value of each bale of cotton and on other property as follows: 25 percent on all under $30.00; between $30.00 and $100.00, 20 percent; between $100.00 and $500.00, 15 percent; between $500.00 and $1,000.00, 10 percent; and on all over $1,000.00, five percent.

(b) The taker is also entitled to the court fees paid by him, the expenses of the advertisement, if published in a newspaper, and reasonable compensation for the keeping, if necessary to preserve the property from loss or injury, to be ascertained as in the case of estrays.
Ala. Code § 35-12-84 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-84
Section 35-12-84 Filing of a Claim - Intestate and Small Claims
Status: in_force

(a) The surviving spouse or, if none, the surviving child or children or, if none, the surviving parent or parents of an abandoned property owner who has died intestate may claim the abandoned property under this section, and will have a defeasible right to the property, if all of the following conditions exist:

(1) The aggregate value of the abandoned property held on behalf of the owner, as established by rule, must not exceed the amount allowed in Section 43-2-692.

(2) The claim need not be accompanied by an order of a probate court if the claimant files documentation established in the rules, including, but not limited to, a. a written confirmation by the probate court that no estate has been opened or filed; b. an affidavit, signed by all beneficiaries, as applicable, stating that all beneficiaries have amicably agreed among themselves upon a division of the property; c. supporting documentation showing heir rights; and d. authorization to release the name and address of the claimant to subsequent claimants.

(b) Nothing in this section shall be construed to remove the jurisdiction of the probate court in matters of estates.

(c) A person may claim abandoned property in his or her name under this section and will have a defeasible right to the property, if all of the following conditions exist:

(1) The aggregate amount value of the abandoned property held on behalf of the owner is equal to or less than two hundred dollars ($200), or a greater amount if established by rule.

(2) The claim is accompanied by an affidavit swearing to the authenticity of a claim and lack of matching documentation, an authorization to release the name and address of the claimant to subsequent claimants, and any other required documentation if established by rule.

(d) Any person to whom payment, delivery, transfer, or issuance is made under this section shall be answerable and accountable therefor to any heir of the decedent, to any person having a superior right to the decedent’s property, or to the surviving spouse, children, or parents of the decedent who shall proceed against such person. This liability shall only be to the extent of the value of the property received by each person under this section.

(e) Any person who was lawfully entitled to share in the property but did not receive his or her share of the property may enforce his or her rights in appropriate legal proceedings against those who received the property.
Ala. Code § 35-9-35 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-35
Section 35-9-35 Affidavit and Bond
Status: in_force

Before such attachment is issued, the plaintiff, or his agent or attorney must make affidavit, setting forth the amount that is or will be due for rent and advances, or either, as the case may be, or, if the rent is not payable in money, the value of the part of the crop or other things agreed to be paid as rent, that one of the causes for issuing an attachment prescribed in section 35-9-34 exists, and that the attachment is not sued out for the purpose of vexing or harassing the defendant; and must also execute a bond in double the amount claimed, with sufficient surety, payable to the defendant, and with condition that the plaintiff will prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.
Ala. Code § 35-9-86 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-86
Section 35-9-86 Judgment for Landlord
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-11-215 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-215
Section 35-11-215 Verified Statement - Time for Filing
Status: in_force

The lien declared in this division shall be deemed lost unless the statement referred to in Section 35-11-213 shall be filed by every original contractor within six months and by every journeyman and day laborer within 30 days, and by every other person entitled to such lien within four months, after the last item of work or labor has been performed or the last item of any material, fixture, engine, boiler, or machinery has been furnished for any building or improvement on land or for repairing, altering, or beautifying the same under or by virtue of any contract with the owner or proprietor thereof, or his agent, architect, trustee, contractor, or subcontractor.
Ala. Code § 35-11-371 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-371
Section 35-11-371 Perfection of Lien
Status: in_force

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) HEALTH CARE PAYOR. A health care insurer, health maintenance organization, or health care service plan organized under Article 6, Chapter 20, Title 10A, authorized to provide health care coverage in the state.

(2) SATISFY THE CLAIM. Receipt by the hospital of either of the following:

a. Full payment for services as billed.

b. If the hospital has a contract with the injured person’s health care payor, payment together with all credits, discounts, and contractual adjustments that the patient’s bill would be entitled under the contract, including recoupments, between the hospital and the patient’s health care payor which extinguish the patient’s obligation for the services rendered.

(b) Unless contrary to any law or governmental rule or regulation of the United States or this state, no hospital shall perfect a lien as to any injured person who was covered by a health care payor’s policy, until the hospital submits to the health care payor an accurate and properly coded claim, or if a contract exists between the hospital and the health care payor, in the form required pursuant to the contract, and there is a failure to satisfy the claim. Perfection of a lien shall be as follows:

(1) A hospital may perfect its lien as to an injured person who was covered by a health care payor’s policy that provides primary coverage for the care, if the hospital takes the steps described in subsection (c), within 20 days after its receipt of notice of the health care payor’s denial of an accurate and properly coded claim. Failure to satisfy an accurate and properly coded claim within 45 days of submission or the subsequent recoupment by the health care payor of amounts previously paid, which results in a failure to satisfy the claim, shall be deemed a denial of the claim.

(2) A hospital may perfect its lien as to an injured person who was not known to the hospital to be covered by a health care payor, was covered by a governmental payor including Medicare or Medicaid, or was covered by a policy not described in subdivision (1), if it takes the steps described in subsection (c) within 20 days after discharge.

(3) Where the hospital does not receive evidence of the injured person’s health care payor until after the lien provided for by this section has been perfected, the hospital shall bill the health care payor forthwith but may retain its lien until satisfaction of the claim. If the claim is satisfied, the hospital shall release the lien within 10 days.

(c) In order to perfect a lien under this division, the operator of the hospital shall file with the probate court of the county in which the hospital is located a verified statement setting forth the name and address of the patient, as it appears on the records of the hospital, the name and location of the hospital and the name and address of the operator thereof, the dates of admission and discharge of the patient therefrom, the amount claimed to be due for the hospital care, which shall give full credit for any health care payor payments made, including agreed contractual adjustments, and to the best of the claimant’s knowledge, the names and addresses of all persons, firms, or corporations claimed by the injured person, or the legal representative of the person, to be liable for damages arising from the injuries. The claimant shall also within one day after the filing of the claim or lien, mail a copy thereof by registered or certified mail, postage prepaid, for each person, firm, or corporation so claimed to be liable on account of the injuries, at the addresses so given in the statement, and to the patient, his or her guardian, or his or her personal representative at the address given at the time of admission.

(d) The filing of a claim or lien shall be notice thereof to all persons, firms, or corporations liable for damages, whether or not they are named in the claim or lien. Nothing shall be deemed to preclude the hospital from perfecting its lien outside of the time limits stated in this section through providing actual notice to persons, firms, or corporations.

(e) The judge of probate shall endorse thereon the date and hour of filing, and at the expense of the county shall provide a hospital lien book with proper index in which he or she shall enter the date and hour of the filing, the names and addresses of the hospital, the operators thereof and of the patient, the amount claimed and the names and addresses of those claimed to be liable for damages. The information shall be recorded in the name of the patient. The judge of probate shall be paid one dollar ($1) as his or her fee for the filing.
Ala. Code § 35-2-27 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-27
Section 35-2-27 Advisory Board - Oath of Members; Reimbursement for Expenses
Status: in_force

Members of the advisory board, upon induction into office, shall take the customary oath of office to support the Constitution of the United States, and that of Alabama, and to faithfully demean themselves in office. They shall serve without compensation, but each shall be reimbursed for travel and other expenses incurred in the performance of his duties in accordance with Article 2 of Chapter 7 of Title 36 of this Code.
Ala. Code § 35-9-32 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-32
Section 35-9-32 Continuation of Lien and Attachment to Crop of Succeeding Year
Status: in_force

When the tenant fails to pay any part of such rent or advances, and continues his tenancy under the same landlord, on the same or other lands, the balance due therefor shall be held and treated as advances to him by the landlord for the next succeeding year, for which the original lien for advances, if any remain unpaid, shall continue on the articles advanced, or property purchased with money advanced, or obtained by barter in exchange for articles advanced, and for which a lien shall also attach to the crop of such succeeding year.
Ala. Code § 35-4-170 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-170
Section 35-4-170 Remainders Not Defeated by Acts of Life Tenants
Status: in_force

No estate or interest of any person can be defeated, discontinued, or extinguished by the act of any third person having a possessory or ulterior interest, except in the cases especially provided by this Code.
Ala. Code § 35-20-7 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-7
Section 35-20-7 Election of a Board of Directors and Officers; Modification of Declaration
Status: in_force

A declaration or the governing documents of a homeowners’ association may provide for a period in which the declarant will maintain control of the election of directors and officers of the association and a right to reasonably alter, amend, or modify the declaration.
Ala. Code § 35-9-84 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-84
Section 35-9-84 Arrest of Proceedings
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-11-431 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-431
Section 35-11-431 Perfection and Enforcement of Lien
Status: in_force

The lien hereby created shall arise, be perfected and enforced in the same manner as liens otherwise provided for in division 8 of this article, and shall be subject to all conditions and limitations therein provided, except to the extent as such provisions may be modified hereby.
Ala. Code § 35-11-331 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-331
Section 35-11-331 Enforcement of Lien
Status: in_force

For the enforcement of such lien the owner of any such animal may have process of attachment from any court having jurisdiction of the amount claimed, leviable on the animal or animals upon which the lien exists:

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

(2) Whether such sum is due or not, when the defendant has traded off or otherwise disposed of, or there is good reason to believe he is about to trade off or otherwise dispose of, or remove from the county, any of the animals on which the lien exists, without paying the stipulated price for such service.
Ala. Code § 35-11-191 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-191
Section 35-11-191 Enforcement of Lien
Status: in_force

If the charges when due are not paid within 10 days after demand therefor, such keeper, owner, or proprietor is authorized, on giving 10 days’ notice of the time and place of such sale, by advertisement in some newspaper published in the county in which the stable is located, once a week for three successive weeks, or, if there be no such paper, by posting the notice in three conspicuous places in the county, to sell the stock for the payment of the charges and expenses of keeping and of the sale; and the balance, if any there be, he shall pay over to the owner.
Ala. Code § 35-12-77 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-77
Section 35-12-77 Payment or Delivery of Abandoned Property
Status: in_force

(a) Except for property held in a safe deposit box or other safekeeping depository, upon filing the report required in Section 35-12-76, the holder of property presumed abandoned shall pay, deliver, or cause to be paid or delivered to the Treasurer the property described in the report as unclaimed, but if the property is an automatically renewable deposit, and a penalty or forfeiture in the payment of interest would result, the time for compliance is extended until a penalty or forfeiture would no longer result.

(b) Tangible property held in a safe deposit box or other safekeeping depository shall be delivered to the Treasurer within 120 days after filing the report required in Section 35-12-76.

(c) If the property reported to the Treasurer is a security or security entitlement under Article 8 of Title 7, the Uniform Commercial Code, the Treasurer is an appropriate person to make an indorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer or its transfer agent or the securities intermediary to transfer or dispose of the security or the security entitlement in accordance with Article 8 of Title 7, the Uniform Commercial Code.

(d) If the holder of property reported to the Treasurer is the issuer of a certificated security, the Treasurer has the right to obtain a replacement certificate pursuant to Section 7-8-405 of the Uniform Commercial Code, but an indemnity bond is not required.

(e) Remittance to the state shall occur annually on or before November 1 of each year and shall accompany the report provided for in subsection (c) of Section 35-12-76 and shall cover the same time period as the report.
Ala. Code § 35-4-73 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-73
Section 35-4-73 Recitation of Marital Status of Grantor or Vendor Required; Probate Judge Not Liable for Good Faith Error; False Recitation a Misdemeanor
Status: in_force

(a) No deed, contract, or other conveyance of land or any interest therein, whether legal or equitable, shall be accepted for record by the probate judge unless it contains a recitation of the marital status of an individual grantor or vendor; provided, that this section shall apply only to instruments executed subsequent to July 21, 1972.

(b) A probate judge shall not be liable in damages or for a penalty for an error or mistake in the performance of his duties under this section if committed in good faith.

(c) Any person who knowingly makes a false recitation, as provided in subsection (a) of this section, shall be guilty of a misdemeanor.
Ala. Code § 35-6-124 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-124
Section 35-6-124 Appeals
Status: in_force

Any of the parties, within 10 days thereafter, may appeal to the circuit or Supreme Court from the decree of partition or sale, or from a decree confirming or setting aside the commissioners’ report, under the regulations governing appeals in other cases from decrees of the probate court to the circuit or Supreme Court; and such decree may be superseded pending the appeal by the appellant, on giving bond in double the amount of the value of the interests of the other parties in the crops, with sufficient surety, to be approved by the judge of probate, and with condition to have the crops forthcoming to abide the decree to be finally rendered in the cause, and in the event of his failure to do so, to pay all costs and damages arising therefrom.
Ala. Code § 35-2-8 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-8
Section 35-2-8 Description by Reference to Subdivision, Line, or Corner of United States Public Land Surveys
Status: in_force

Whenever coordinates based on the Alabama coordinate system are used to describe any tract of land which in the same document is also described by reference to any subdivision, line, or corner of the United States public land surveys, the description by coordinates shall be construed as supplemental to the basic description of such subdivision, line, or corner contained in the official plats and field notes filed of record; and, in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys shall prevail over the description by coordinates.
Ala. Code § 35-2-59 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-59
Section 35-2-59 Vacation and Annulment of Map or Plat, Etc., by Circuit Court - Conduct of Proceedings; Entry of Judgment; Appeals
Status: in_force

The proceedings for vacating and annulling such maps, plats, surveys, roads, streets, or alleys shall be conducted in all respects as civil actions are conducted and the circuit court may prescribe all rules and regulations for the conduct of such proceedings which are not inconsistent with the laws of this state or rules promulgated by the Supreme Court. Upon the final hearing of the action, the court may grant the relief prayed in the complaint in whole or in part, or may deny such relief in whole or in part. An appeal will lie from such judgment of the circuit court, as is authorized or provided from other judgments of the circuit court; and upon such hearing, the appellate court may affirm, reverse, or render such judgment or order as the trial court should have rendered.
Ala. Code § 35-12A-9 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-9
Section 35-12A-9 Sale or Disposal of Abandoned Dwelling
Status: reserved

Repealed by Act 2014-167, §2, effective June 1, 2014.
Ala. Code § 35-15-26 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-26
Section 35-15-26 Provisions Not Applicable to Commercial Recreational Enterprise
Status: in_force

The liability limitation provisions of this article shall not apply in any cause of action arising from acts or omissions occurring on or connected with land upon which any commercial recreational enterprise is conducted.
Ala. Code § 35-13-4 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-4
Section 35-13-4 Restoration of Property Upon Proof by Owner
Status: in_force

The owner may, on notifying the taker or the person in possession, and proving the property by his own oath, or the oath of another, satisfactorily to the district court, obtain from such court an order to restore such property on the payment of the legal costs and charges thereon.
Ala. Code § 35-4-124 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-124
Section 35-4-124 Administration and Standards
Status: in_force

(a) The Electronic Recording Commission consisting of 14 members is created to adopt standards to implement this division. The members shall be appointed as follows:

(1) Six judges of probate or chief clerks appointed by the Alabama Probate Judges Association.

(2) Two practicing attorneys appointed by the Alabama State Bar Association.

(3) One person engaged in the business of title insurance in the State of Alabama appointed by the Alabama Land Title Association, a division of the Dixie Land Title Association.

(4) One person appointed by the Alabama Bankers Association.

(5) One person appointed by the Association of County Commissions of Alabama.

(6) The Chief Examiner of the Alabama Department of Examiners of Public Accounts, or his or her designee.

(7) The Director of the Alabama Department of Archives and History, or his or her designee.

(8) One person appointed by the Alabama Association of Realtors.

(b) To keep the standards and practices of judges of probate in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this division and to keep the technology used by judges of probate in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this division, the Electronic Recording Commission, so far as is consistent with the purposes, policies, and provisions of this division in adopting, amending, and repealing standards, shall consider:

(1) Standards and practices of other jurisdictions.

(2) The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association.

(3) The views of interested persons and governmental officials and entities.

(4) The needs of counties of varying size, population, and resources.

(5) Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.

(c) The Electronic Recording Commission shall adopt standards pursuant to this division. The commission shall prescribe uniform standards for electronic recording of real estate records for any county participating in the electronic recording of real estate in the county. The Secretary of State, pursuant to the Alabama Administrative Procedure Act, shall immediately implement the standards adopted by the Electronic Recording Commission without change.
Ala. Code § 35-2-22 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-22
Section 35-2-22 Oath and Salary of Chief of Division; No Other Lucrative Position to Be Held
Status: in_force

Before entering upon the discharge of his duties, the chief of the division of land surveys shall take the constitutional oath of office. His salary shall be fixed by the State Personnel Board as it may deem appropriate or as otherwise fixed by law. He shall devote his full time to his official duties and shall hold no other lucrative position while serving as said chief of the division of land surveys.
Ala. Code § 35-13-3 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-3
Section 35-13-3 Notice
Status: in_force

(a) If the appraised value is over $30.00, the taker must, within 10 days thereafter, give notice thereof, once a week for three successive weeks, in a newspaper published nearest to the place where the property was taken up. Such advertisement must state the name of the taker, the time and place, a description of the property, with its marks, and the name of the owner, if known, its appraised value, and where the same is secured or deposited.

(b) If the property is not worth exceeding $30.00, the same must be advertised at the next steamboat landing, if the property was taken up on a navigable stream, otherwise, at the nearest public place, within five days after the taking up.
Ala. Code § 35-11-390 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-390
Section 35-11-390 Lien Declared
Status: in_force

Every veterinarian duly licensed to practice veterinary medicine and surgery in the state of Alabama who holds a certificate of qualification as provided by chapter 29 of Title 34 shall have a lien on every animal kept, fed, treated or surgically treated or operated on by him while in his custody and under contract with the owner of such animal, for payment of his charges for keeping, feeding, treating or surgically treating or operating on such animal, and he shall have the right to retain such animal until said charges are paid.
Ala. Code § 35-10-25 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-25
Section 35-10-25 Executors and Administrators Authorized to Execute Releases, Etc
Status: in_force

Any executor of a will or administrator of an estate duly appointed by the proper court shall have authority to execute releases and discharges and may enter satisfaction on the margin of the record of any mortgage, lien, or other encumbrance in favor of a decedent when payment of such mortgage, lien, or encumbrance was made to said decedent in his lifetime.
Ala. Code § 35-4-139 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-139
Section 35-4-139 Liability of Judges and Officers on Bonds
Status: in_force

If any judge of probate shall fail to perform any of the duties required of him by this article, he shall be liable on his official bond to any party injured for all damages he may sustain; and, if any sheriff, constable, marshal, or other officer shall fail to file the notice provided for in this article, upon the levy by him of any process on real estate, he shall be liable on his bond for all damages resulting therefrom.
Ala. Code § 35-12-2 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-2
Section 35-12-2 Proof of Ownership of Claimant
Status: in_force

The finder of a thing may in good faith, before giving it up, require reasonable proof of ownership from any person claiming it.
Ala. Code § 35-12-21 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-21
Section 35-12-21 Definitions
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-6-91 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-91
Section 35-6-91 Provisions of Article Not Exclusive
Status: in_force

The provisions of this article shall not be exclusive of other modes, remedies, or proceedings for selling or partitioning the lands of minors or insane persons; but shall be construed to be cumulative or alternative remedies.
Ala. Code § 35-4-412 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-412
Section 35-4-412 Referendum Election
Status: in_force

The county or municipal governing body shall provide for a referendum election to be held on the proposal made in the resolution or ordinance, and the resolution or ordinance shall be effective only in the event the proposal is approved by a majority of the qualified electors of the county, city, town or other subdivision affected thereby voting in such referendum election.
Ala. Code § 35-19-11 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-11
Section 35-19-11 Administration and Enforcement of Chapter
Status: in_force

(a) The department is designated as the administrating agency for this chapter and is empowered to administer and enforce this chapter using the authorities granted to it by the Environmental Management Act. However, such designation shall not imply that the department shall assume any administration or enforcement functions other than those directly related to the environmental covenant.

(b) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following parties or entities:

(1) A party to the covenant.

(2) Alabama Department of Environmental Management.

(3) Any person to whom the covenant expressly grants power to enforce.

(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant.

(5) A municipality or other unit of local government in which the real property subject to the covenant is located.

(c) This chapter does not limit the regulatory authority of the Alabama Department of Environmental Management under law other than this chapter with respect to an environmental response project.

(d) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.
Ala. Code § 35-6-61 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-61
Section 35-6-61 Sale Instead of Partition - Evidence
Status: in_force

Evidence in support of such application must be taken as in actions before the circuit court, and before granting the decree of sale the probate court must be satisfied from the evidence that an equitable division or partition cannot be made; and when the application is by the guardian of an infant or person of unsound mind, the court must be satisfied from the evidence that it would be to the interest of such infant, or person of unsound mind, to sell the property for the purpose of division or partition.
Ala. Code § 35-4-66 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-66
Section 35-4-66 Recording Certified Copies of Instruments
Status: in_force

It shall be lawful to record certified copies of deeds, mortgages, maps, and other papers affecting the title to property in any probate office in this state in which the same should have been recorded when such mortgages, deeds, maps, or other papers have heretofore been or may hereafter be recorded in any probate office in this state.

When a certified copy of any deed, mortgage, map, or other paper affecting title to property has been recorded as provided for in this section, such recording shall in all things be considered as and shall be given the effect of the original paper if so recorded.
Ala. Code § 35-9A-201 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-201
Section 35-9A-201 Security Deposits; Prepaid Rent
Status: in_force

(a) A landlord may not demand or receive money as security, in an amount in excess of one month’s periodic rent, except for pets, changes to the premises, or increased liability risks to the landlord or premises, for tenant’s obligations under a rental agreement.

(b) Upon termination of the tenancy, money held by the landlord as security may be applied to the payment of accrued rent and the amount of damages that the landlord has suffered by reason of the tenant’s noncompliance with Section 35-9A-301 all as itemized by the landlord in a written notice delivered to the tenant together with the amount due 60 days after termination of the tenancy and delivery of possession.

(c) If the landlord does not refund the entire deposit, the landlord, within the 60-day period, shall provide the tenant an itemized list of amounts withheld.

(d) Upon vacating the premises, the tenant shall provide to the landlord a valid forwarding address, in writing, to which the deposit or itemized accounting, or both, may be mailed. If the tenant fails to provide a valid forwarding address, the landlord shall mail, by first class mail, the deposit or itemized accounting, or both, to the last known address of the tenant or, if none, to the tenant at the address of the property. Any deposit unclaimed by the tenant as well as any check outstanding shall be forfeited by the tenant after a period of 90 days.

(e) The landlord’s mailing by first class mail to the address provided in writing by the tenant, within 60 days of the refund or itemized accounting, or both, is sufficient compliance with this chapter.

(f) If the landlord fails to mail a timely refund or accounting within the 60-day period, the landlord shall pay the tenant double the amount of the tenant’s original deposit.

(g) This section does not preclude the landlord or tenant from recovering other damages to which the landlord or tenant may be entitled.

(h) The holder of the landlord’s interest in the premises at the time of the termination of the tenancy is bound by this section.
Ala. Code § 35-6-113 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-113
Section 35-6-113 Notice
Status: in_force

Notice of such application, and of the day appointed for its hearing, must be issued by the judge of probate to the parties in interest who are residents of this state, which must be served on them at least five days before the day appointed for the hearing; and if any of the parties in interest are nonresidents, such notice must be given by publication, once a week for three successive weeks, in some newspaper published in the county, or if no newspaper is published therein, then in one that is published in an adjoining county, a copy of which shall be mailed by the judge of probate, and directed to such nonresidents at their post offices, if the same are known, or can be ascertained by reasonable effort.
Ala. Code § 35-5A-15 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-15
Section 35-5A-15 Delivery, Payment, or Expenditure of Custodial Property for Benefit of Minor
Status: in_force

(a) A custodian may deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to (1) the duty or ability of the custodian personally or of any other person to support the minor, or (2) any other income or property of the minor which may be applicable or available for that purpose.

(b) On petition of an interested person or the minor if the minor has attained the age of 14 years, the court may order the custodian to deliver or pay to the minor or expend for the minor’s benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.

(c) A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.
Ala. Code § 35-4-321 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-321
Section 35-4-321 Application to Compel Conveyance - Generally
Status: in_force

If the personal representative refuses to execute the conveyance in the case provided for in Section 35-4-320, he may be compelled so to do by application to the judge of probate of the county in which letters testamentary or of administration were granted.
Ala. Code § 35-4-63 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-63
Section 35-4-63 Recording Effective as Notice of Contents of Conveyance
Status: in_force

The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgment or probate thereof as required by law.
Ala. Code § 35-9A-402 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-402
Section 35-9A-402 Failure to Deliver Possession
Status: in_force

(a) If the landlord fails to deliver possession of the dwelling unit to the tenant as provided in Section 35-9A-203, rent abates until possession is delivered and the tenant may:

(1) terminate the rental agreement upon written notice to the landlord and within five days thereafter the landlord shall return all prepaid rent and security; or

(2) demand performance of the rental agreement by the landlord and, if the tenant elects, bring an action for possession of the dwelling unit from the person wrongfully in possession and recover the actual damages sustained by the tenant.

(b) If a person’s failure to deliver possession is willful and not in good faith, an aggrieved party may recover from that person an amount equal to not more than three months’ periodic rent or the actual damages sustained, whichever is greater, and reasonable attorney’s fees.
Ala. Code § 35-12-24 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-24
Section 35-12-24 Deposits and Refunds Held by Utilities
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-8A-103 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-103
Section 35-8A-103 Definitions
Status: reserved

In the declaration and bylaws, unless specifically provided otherwise or the context otherwise requires, and in this chapter, the following terms are defined as set forth below:

(1) AFFILIATE OF A DECLARANT. Any person who controls, is controlled by, or is under common control with a declarant. A person “controls” a declarant if the person (i) is a general partner, officer, director, or employer of the declarant, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interest in the declarant, (iii) controls in any manner the election of a majority of the directors of the declarant, or (iv) has contributed more than 20 percent of the capital of the declarant. A person “is controlled by” a declarant if the declarant (i) is a general partner, officer, director, or employer of the person, (ii) directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies representing more than 20 percent of the voting interest in the person, (iii) controls in any manner the election of a majority of the directors of the person, or (iv) has contributed more than 20 percent of the capital of the person. Control does not exist if the powers described in this paragraph are held solely as security for an obligation and are not exercised.

(2) ALLOCATED INTERESTS. The undivided interest in the common elements, the common expense liability, and votes in the association allocated to each unit.

(3) ASSOCIATION. The corporation organized under Section 35-8A-301.

(4) COMMON ELEMENTS. All portions of a condominium other than the units, and any other interests in real estate for the benefit of the unit owners which are declared to be subject to the declaration.

(5) COMMON EXPENSES. Expenditures made by or financial liabilities of the association, together with any allocations to reserves.

(6) COMMON EXPENSE LIABILITY. The liability for common expenses allocated to each unit pursuant to Section 35-8A-207.

(7) CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

(8) CONVERSION BUILDING. A building that at any time before creation of the condominium was occupied wholly or partially by persons other than purchasers and persons who occupy with the consent of purchasers.

(9) DECLARANT. Any person who offers to dispose of an interest in a condominium unit not previously disposed of or who succeeds to any special declarant right.

(10) DECLARATION. Any instrument, however denominated, that creates a condominium, and any amendments to that instrument.

(11) DEVELOPMENT RIGHTS. Any right or combination of rights reserved by a declarant in the declaration to: (i) add real estate to a condominium; (ii) create units, common elements, or limited common elements within a condominium; (iii) subdivide units or convert units into common elements or common elements into units; or (iv) withdraw real estate from a condominium.

(12) DISPOSE or DISPOSITION. A transfer to a purchaser of title to in a unit, but does not include the transfer or release of a security interest.

(13) BOARD. The body governing the association.

(14) IDENTIFYING NUMBER. A number, letter, or combination thereof that identifies only one unit in a condominium.

(15) LEASEHOLD CONDOMINIUM. A condominium in which all or a portion of the real estate is subject to a lease, the expiration or termination of which will terminate the condominium or reduce its size.

(16) LIMITED COMMON ELEMENTS. A portion of the common elements allocated by the declaration or by operation of Section 35-8A-202(2) or (4) for the exclusive use by one or more but fewer than all of the units.

(17) MASTER ASSOCIATION. An organization described in Section 35-8A-220, whether it is also an association described in Section 35-8A-301.

(18) OFFERING. Any advertisement, inducement, solicitation, or attempt to encourage any person to acquire any interest in a unit, other than as security for an obligation.

(19) PERSON. A natural person, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity.

(20) PURCHASER. Any person, other than a declarant or a person in the business of selling real estate for his or her own account, who by means of a voluntary transfer acquires a legal or equitable interest in a unit other than: (i) a leasehold interest (including renewal options) of less than 20 years, or (ii) as security for an obligation.

(21) REAL ESTATE. Any leasehold or other estate or interest in, over, or under land, including structures, fixtures, and other improvements and interests which by custom, usage, or law pass with a conveyance of land though not described in the contract of sale or instrument of conveyance. “Real estate” includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water.

(22) RESIDENTIAL PURPOSES. Use for dwelling or recreational purposes, or both.

(23) SECURITY INTEREST. An interest in real estate or personal property created by contract or conveyance, which secures payment or performance of an obligation. The term includes a lien created by a mortgage, vendor’s lien, deed of trust, contract for deed, land sales contract, lease intended as security, assignment of lease, rents intended as security, or any similar security device, pledge of an ownership interest in an association, and any other consensual lien or title retention contract intended as security for an obligation.

(24) SPECIAL DECLARANT RIGHTS. Rights reserved for the benefit of a declarant (i) to complete improvements indicated on plats and plans filed with the declaration (Section 35-8A-209); (ii) to exercise any development right (Section 35-8A-210); (iii) to maintain sales offices, management offices, signs advertising the condominium, and models (Section 35-8A-215); (iv) to use easements through the common elements for the purpose of making improvements within the condominium or within real estate which may be added to the condominium (Section 35-8A-216); (v) to make the condominium subject to a master association (Section 35-8A-220); (vi) or to appoint or remove any officer of the association or any master association or any board member during any period of declarant control (Section 35-8A-303(d)).

(25) TIME SHARE. A right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a condominium or a specified portion thereof.

(26) UNIT. A physical portion of the condominium designated for separate ownership or occupancy, the boundaries of which are described pursuant to Section 35-8A-205(a)(5).

(27) UNIT OWNER. A person who owns a unit, or the owner of the right to use a unit in a leasehold condominium whose interest expires simultaneously with any interest the expiration or termination of which will remove the unit from the condominium, but does not include a person having an interest in a unit solely as security for an obligation. The declarant is the initial unit owner of any unit created in the condominium.
Ala. Code § 35-10-15 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-15
Section 35-10-15 Successive Sales Under Power Permitted
Status: in_force

The sale of any part of the property conveyed by mortgage, deed of trust, or other instruments intended to secure the payment of money, either under a power of sale contained in a mortgage, or by a judicial foreclosure, shall operate as a foreclosure of the mortgage only as to the property sold, and if the mortgage indebtedness is not thereby satisfied in full, the other property contained in the mortgage continues as security for the mortgage debt and there may be a further foreclosure of the mortgage, either by sale under power of sale or by foreclosure.

Every power of sale contained in mortgages unless otherwise expressly provided therein, is held to give a continuing power of sale authorizing the mortgagee or his assignee after default, to sell the mortgaged property from time to time in separate lots or parcels.
Ala. Code § 35-2-6 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-6
Section 35-2-6 Limitation on Recordation of Coordinates Defining Position of Point on Land Boundary; Descriptions of Monuments, Markers, Etc
Status: in_force

No coordinates based on the Alabama coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be recorded in any public land records or deed records unless such point is within one-half mile of a triangulation or traverse station established in conformity with the standards prescribed in Section 35-2-5; provided, that said one-half mile limitation may be modified by the Secretary of State to meet local conditions. The Secretary of State shall, from time to time, procure descriptions of monuments, bench marks and markers, etc., as same may become available, relative to the Alabama coordinate system, and shall keep a complete record of this information in the office of the Secretary of State. The Secretary of State shall make and furnish certified copies thereof to each of the probate judges of the several counties in Alabama. It shall be the duty of the probate judge of each county to file and keep a permanent record with proper indexes of such information which shall be available to the public.
Ala. Code § 35-10-10 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-10
Section 35-10-10 Sections 35-10-7 through 35-10-9 Not Applicable to Mortgages or Deeds of Trust Executed Before September 29, 1923
Status: in_force

The provisions of sections 35-10-7 through 35-10-9 shall not apply to mortgages or deeds of trust executed before September 29, 1923.
Ala. Code § 35-9-14 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-14
Section 35-9-14 Tenant Responsible for Sewer Services Bill
Status: in_force

Notwithstanding any other provision of law, any bill for sewer service received in the name of a tenant or tenants, shall be the sole responsibility of the tenant or tenants and shall not constitute a lien on the property where the sewer service was received.
Ala. Code § 35-10-3 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-3
Section 35-10-3 Foreclosure When Instrument Contains No Power of Sale
Status: in_force

If no power of sale is contained in a mortgage or deed of trust, the grantee or any assignee thereof, at his option, after condition broken, may foreclose same either in a court having jurisdiction of the subject matter, or by selling for cash at the courthouse door of the county where the property is situated, to the highest bidder, the lands embraced in said mortgage or deed of trust, after notice of the time, place, terms, and purpose of such sale has been given by four consecutive weekly insertions of such notice in some newspaper published in the county wherein said lands, or a portion thereof are situated.
Ala. Code § 35-4-386 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-386
Section 35-4-386 Patent to Decedent Vests Title in His Successors
Status: in_force

Where patents for public lands have been or may be issued pursuant to any law of the State of Alabama to a person who has died before the date of such patent, the title to the land designated therein shall enure to and become vested in the heirs, devisees, or those who have succeeded to the interest of such deceased patentee as if the patent had issued to the deceased person during life.
Ala. Code § 35-8-17 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-17
Section 35-8-17 Liens in Favor of Association
Status: in_force

The association shall have a lien on each unit for any unpaid assessment duly made by the association for a share of common expenses, limited common expenses or otherwise, together with interest thereon and, if authorized by the declaration or bylaws, reasonable attorney’s fees. Such lien shall be effective from and after the time of recording in the public records of the county in which the unit is located of a claim of lien stating the description of the unit, the name of the record owner, the amount due, and the date when due. Such claim of lien shall include only sums which are due and payable when the claim of lien is recorded and shall be signed and verified by an officer or agent of the association. Upon full payment of all sums secured by the lien, the party making payment shall be entitled to a recordable satisfaction of lien. All such liens shall be subordinate to any lien for taxes, the lien of any mortgage of record, and any other lien recorded prior to the time of recording of the claim of the association’s lien.

(1) Upon any voluntary conveyance of a unit, the grantor and grantee of such unit shall be jointly and severally liable for all unpaid assessments pertaining to such unit duly made by the association or accrued up to the date of such conveyance without prejudice to the right of the grantee to recover from the grantor any amounts paid by the grantee, but the grantee shall be exclusively liable for those accruing while he is the unit owner.

(2) Any unit owner or any purchaser of a unit prior to completion of a voluntary sale may require from the association a certificate showing the amount of unpaid assessments pertaining to such unit, and the association shall provide such certificate within 10 days after request therefor. The holder of a mortgage or other lien on any unit may request a similar certificate with respect to such unit. Any person other than the unit owner at the time of issuance of any such certificate who relies upon such certificate shall be entitled to rely thereon, and his liability for such unpaid assessments shall be limited to the amounts set forth in such certificate.

(3) If a holder of a first lien of record or other purchaser of a unit obtains title to such unit as a result of foreclosure of the first lien, such acquirer of title, his successors and assigns shall not be fully liable for the share of common expenses, limited common expenses, or other assessments by the association pertaining to such unit or chargeable to the former unit owner which became due prior to acquisition of title as a result of the foreclosure. Such unpaid share of common expenses, limited common expenses, or other assessments shall be deemed to be common expenses or limited common expenses collectable from all of the remaining unit owners including such acquirer, his successors and assigns.

(4) Liens for unpaid assessments may be foreclosed by an action brought in the name of the association in the same manner as a foreclosure of a mortgage on real property. The association shall have the power, unless prohibited by the declaration or bylaws, to bid in the unit at foreclosure sale and to acquire, hold, lease, mortgage, and convey the same. An action to recover a money judgment for unpaid assessments may be maintained without waiving the lien securing the same.
Ala. Code § 35-6-50 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-50
Section 35-6-50 Partition Vests Title; Annulment by Circuit Court
Status: in_force

The partition so made vests a title in fee simple in the persons to whom the several shares are allotted, as fully and completely as if each had conveyed to the others; but if any fraud or undue influence be employed by any of the parties to obtain an unfair partition or allotment, such partition may be annulled by the circuit court, on a complaint filed within five years after the allotment.
Ala. Code § 35-4-383 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-383
Section 35-4-383 Validity of Leases, Etc., by State Agencies
Status: in_force

(a) All leases, contracts of exchange, or other dispositions of real estate for more than one year made by any department, commission, or other agency of the State of Alabama shall be invalid and void unless approved in writing by the Governor on the face thereof.

(b) The Governor, on behalf of the state, is hereby authorized to lease, upon such terms as he may approve, any lands or interest therein owned by the state, including lands or any right or interest therein under any navigable stream or navigable waters, bays, estuaries, lagoons, bayous or lakes, and the shores along any navigable waters to ordinary high-tide mark, and lands under navigable waters within the three-mile limit from the shore line of any county or counties in Alabama for the exploration, development, and production of oil, gas, and other minerals, or any one or more of them, on, in, and under such lands. Any lease executed under the provisions of this section may authorize the lessee to pool or unitize the lease, the lands or minerals covered thereby, or any part thereof, with other lands, leases, or mineral estates, or parts thereof, upon such terms as the Governor may approve.

(c) The Governor is hereby authorized to execute upon such terms as he may approve:

(1) Pooling or unitization agreements affecting oil, gas, and other minerals, or any one or more of them, on, in, and under lands owned by the state of Alabama so as to pool or unitize such interests in oil, gas, and other minerals, or any one or more of them, with similar interests in other lands; and

(2) Agreements amending existing leases so as to authorize the lessee to pool or unitize the lease, the lands, or minerals covered thereby, or any part thereof, with other leases, lands, or mineral estates or parts thereof.
Ala. Code § 35-5A-4 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-4
Section 35-5A-4 Nomination of Custodian
Status: in_force

(a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: “as custodian for ________ (name of minor) under the Alabama Uniform Transfers to Minors Act.” The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.

(b) A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under Section 35-5A-10(a).

(c) The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 35-5A-10. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Section 35-5A-10.
Ala. Code § 35-11-250 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-250
Section 35-11-250 Lien Declared
Status: in_force

Any person, firm, or corporation operating a public sawmill shall have a lien, paramount to all other liens, upon all lumber sawed by such mill under any contract with the owner of such lumber for the amount agreed upon for said sawing, or, in the event no price is agreed upon, then for the reasonable or customary price for such sawing, so long as such lumber remains at such sawmill or in possession of the owner of such sawmill, and if such lumber is removed from said sawmill without the knowledge and consent of such owner, the lien shall follow such lumber. The owner of such sawmill shall have the right to hold any lumber sawed by him until the full amount of the charges due thereon shall have been paid.
Ala. Code § 35-9-61 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-61
Section 35-9-61 When Lien May Be Enforced by Attachment
Status: in_force

The landlord shall have the right, for the enforcement of such lien, to sue out an attachment before any officer authorized to issue attachments, and returnable to any court having jurisdiction of the amount claimed, when the rent, or any installment thereof, is due, and the tenant fails or refuses, on demand, to pay such rent or installment; and also in the following cases, whether due or not:

(1) When the tenant has fraudulently disposed of his goods, or is about to fraudulently dispose of his goods.

(2) When the tenant has made an assignment for the benefit of his creditors.

(3) When the tenant has made a complete transfer of all, or substantially all, of his goods, or removes or attempts to remove all or substantially all of his goods, from the rented premises, without the consent of the landlord, or without first having paid the rent in full for the term.
Ala. Code § 35-4-387 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-387
Section 35-4-387 Recordation of Patents
Status: in_force

The Secretary of State must record, in well-bound books, all grants and patents issued by the state.
Ala. Code § 35-5A-6 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-6
Section 35-5A-6 Transfer by Will or Trust
Status: in_force

(a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 35-5A-10 to a custodian for the benefit of a minor as authorized in the governing will or trust.

(b) If the testator or settlor has nominated a custodian under Section 35-5A-4 to receive the custodial property, the transfer must be made to that person.

(c) If the testator or settlor has not nominated a custodian under Section 35-5A-4, or all persons so nominated as custodian dies before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under subsection (a) of Section 35-5A-10.
Ala. Code § 35-12-87 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-87
Section 35-12-87 Disposition of Property Having No Substantial Commercial Value
Status: in_force

If the Treasurer determines after investigation that property delivered under this article has no substantial commercial value, the Treasurer may destroy or otherwise dispose of the property at any time. An action or proceeding may not be maintained against the state, the Treasurer, or the holder for or on account of an act of the Treasurer under this section, except for intentional misconduct of malfeasance.
Ala. Code § 35-9A-142 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-142
Section 35-9A-142 Obligation of Good Faith
Status: in_force

Every agreement and duty under this chapter and every act which must be performed as a condition precedent to the exercise of a right or remedy under this chapter imposes an obligation of good faith in its performance or enforcement.
Ala. Code § 35-4-294 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-294
Section 35-4-294 Power Disposing of Real Estate Required to Be in Writing
Status: in_force

No power of disposing of real estate can be executed, except by an instrument in writing, which would be sufficient in law to pass the estate or interest intended to pass under such power if the person executing the power were the actual owner.
Ala. Code § 35-4-254 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-254
Section 35-4-254 Responsibility of Payor for Payment Made to Trustee
Status: reserved

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
Ala. Code § 35-19-3 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-3
Section 35-19-3 Requirements for Environmental Covenants
Status: in_force

(a) Any person, including a person that owns an interest in the real property, an agency, or a municipality or other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest in real property.

(b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, is not an interest in real property.

(c) An agency is bound by any obligation it assumes in an environmental covenant, but an agency does not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant is bound by the obligations the person assumes in the covenant, but signing the covenant does not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.

(d) The following rules apply to interests in real property in existence at the time an environmental covenant is created or amended:

(1) An interest that has priority under other law is not affected by an environmental covenant unless the person that owns the interest subordinates that interest to the covenant.

(2) This chapter does not require a person that owns a prior interest to subordinate that interest to an environmental covenant or to agree to be bound by the covenant.

(3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly owned property in a common interest community, the record may be signed by any person authorized by the governing board of the owners’ association.

(4) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of that person’s interest but does not by itself impose any affirmative obligation on the person with respect to the environmental covenant.
Ala. Code § 35-12A-3 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-3
Section 35-12A-3 Notice to Tenant
Status: in_force

Prior to selling the tenant’s manufactured dwelling pursuant to this chapter, the manufactured dwelling community owner shall provide a written notice to the tenant by one of the following methods:

(1) Personal delivery to the tenant of the manufactured dwelling.

(2) Certified mail addressed and mailed to the tenant at the last known mailing address known to the manufactured dwelling community owner.

(3) Affixing a notice on the doors of the dwelling.
Ala. Code § 35-10-93 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-93
Section 35-10-93 Service as a Satisfaction Agent
Status: in_force

(a) Only a title insurance company or an attorney licensed in this state acting as the agent of and for a title insurance company pursuant to a certificate of authority and within the scope of his or her agency agreement with a title insurance company may serve as a satisfaction agent pursuant to this article.

(b) This article does not require a title insurance company to agree to serve as a satisfaction agent or any attorney or other agent to act on behalf of a title insurance company.
Ala. Code § 35-12-31 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-31
Section 35-12-31 Report of Abandoned Property
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-9A-123 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-123
Section 35-9A-123 Jurisdiction and Service of Process
Status: in_force

(a) The district and circuit courts of this state, according to their respective established jurisdictions, may exercise jurisdiction over any landlord with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the court by the service of process in the manner provided by this section.

(b) If a landlord is not a resident of this state or is a business entity not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, the entity may be served as provided by Rule 4 of the Alabama Rules of Civil Procedure.
Ala. Code § 35-8A-414 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-414
Section 35-8A-414 Effect of Violations on Rights of Action; Attorney’s Fees
Status: in_force

If a declarant or any other person subject to this chapter fails to comply with any provision hereof or any provision of the declaration or bylaws, any person or class of persons adversely affected by the failure to comply has a claim for actual damages or appropriate equitable relief. The court, in an appropriate case, may award reasonable attorney’s fees to either party.
Ala. Code § 35-6-63 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-63
Section 35-6-63 Sale Instead of Partition - Payment and Distribution of Purchase Money
Status: in_force

Such commissioner may discharge himself from all liability for money received by him for the property sold, by paying over the same to the judge of probate, after deducting therefrom the costs and expenses attending the sale, including commissions to him at the same rate that executors or administrators receive for collecting, but in no case more than $100.00; and such net proceeds must be distributed by the judge of probate among the persons entitled thereto, according to their respective interests.
Ala. Code § 35-8A-213 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-213
Section 35-8A-213 Subdivision of Units
Status: in_force

(a) If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare, execute, and record an amendment to the declaration, including the plats and plans, subdividing that unit.

(b) The amendment to the declaration must be executed by the owner of the unit to be subdivided, assign an identifying number to each unit created, and reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided unit.

(c) Any costs incurred utilizing the procedures described in subsections (a) and (b) above shall be borne by the requesting unit owners.
Ala. Code § 35-4-70 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-70
Section 35-4-70 Affidavits - Admissibility as Evidence
Status: in_force

In any litigation over any of the lands referred to and described in any of such affidavits, in any court in the state of Alabama or in any proceedings in any such court involving the title to such lands, wherein the facts recited in such affidavits may be material, the said affidavits or certified copies of the record thereof shall be admissible as evidence of the facts therein recited and shall be sufficient to prima facie establish such facts. The said affidavits or certified copies thereof shall only be admissible as evidence in the event the parties making the affidavits are deceased, are nonresidents of the state, their residence is unknown to the parties offering the affidavits, or such parties are too old, infirm, or sick to attend court.
Ala. Code § 35-11-417 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-417
Section 35-11-417 Assignment of Claims
Status: in_force

Any claim for which a lien is provided in this division may be assigned and the assignee shall thereby be invested with all of the rights of the original holder of the lien and be entitled to all of his remedies to enforce the same.
Ala. Code § 35-12-89 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-89
Section 35-12-89 Requests for Reports and Examination of Records
Status: in_force

(a) The Treasurer may require a person who has not filed a report, or a person who the Treasurer believes has filed an inaccurate, incomplete, or false report, to file a verified report in a form specified by the Treasurer. The report must state whether the person is holding property reportable under this article, describe property not previously reported or as to which the Treasurer has made inquiry, and specifically identify and state the amounts of property that may be in issue.

(b) The Treasurer, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this article. The Treasurer may conduct the examination even if the person believes it is not in possession of any property that shall be reported, paid, or delivered under this article. The Treasurer may contract with any other person to conduct the examination on behalf of the Treasurer.

(c) The Treasurer, at reasonable times, may examine the records of an agent, including a dividend disbursing agent or transfer agent, of a business association or financial association that is the holder of property presumed abandoned if the Treasurer has given the notice required by subsection (b) to both the association or organization and the agent at least 90 days before the examination.

(d) Documents and working papers obtained or compiled by the Treasurer, or the agents, employees, or designated representatives of the Treasurer, in the course of conducting an examination are confidential and are not public records, but the documents and papers may be:

(1) Used by the Treasurer in the course of an action to collect unclaimed property or otherwise enforce this article.

(2) Used in joint examinations conducted with or pursuant to an agreement with another state, the federal government, or any other governmental subdivision, agency, or instrumentality.

(3) Produced pursuant to subpoena or court order.

(4) Disclosed to the abandoned property office of another state for that state’s use in circumstances equivalent to those described in this subsection, if the other state is bound to keep the documents and papers confidential.

(e) If an examination of the records of a person results in the disclosure of property reportable under this article, the Treasurer may assess the cost of the examination against the holder in the amount of expenses incurred, but the assessment may not exceed the value of the property found to be reportable. The cost of an examination made pursuant to subsection (c) may be assessed only against the business association or financial organization.

(f) If, after May 12, 2004, a holder does not maintain records required by Section 35-12-90, and the records of the holder available for periods subject to this article are insufficient to permit the preparation of a report, the Treasurer may require the holder to report and pay to the Treasurer the amount the holder and Treasurer reasonably estimates, on the basis of any available records of the holder or by any other reasonable method of estimation, should have been but was not reported.
Ala. Code § 35-6-52 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-52
Section 35-6-52 Completion of Partition by Substitute Commissioner
Status: in_force

If any of the commissioners die, resign or neglect or refuse to act, at any time before the final allotment, others may be substituted in their stead by the probate court, and they shall have the same power in completing such partition and allotment as if they had been originally appointed.
Ala. Code § 35-9-30 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-30
Section 35-9-30 Lien Declared
Status: in_force

A landlord has a lien, which is paramount to, and has preference over, all other liens, on the crop grown on rented lands for rent for the current year, and for advances made in money, or other thing of value, either by him directly, or by another at his instance or request for which he became legally bound or liable at or before the time such advances were made, for the sustenance or well-being of the tenant or his family, or for preparing the ground for cultivation, or for cultivating, gathering, saving, handling, or preparing the crop for market; and also on all articles advanced, and on all property purchased with money advanced or obtained by barter in exchange for articles advanced, for the aggregate price or value of such articles and property.
Ala. Code § 35-8-11 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-11
Section 35-8-11 Recordation of Documents and Instruments
Status: in_force

The declaration and any amendments thereto, the bylaws and any amendments thereto, and all deeds, mortgages, liens, and other such documents and instruments relating to the condominium which are required to be recorded shall be recorded in the county or counties where the real property is located.
Ala. Code § 35-9B-7 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-7
Section 35-9B-7 Discontinuation of Utility Service; Liability of Utility
Status: in_force

A utility may rely upon or require a writ of possession under Chapter 9 or 9A when discontinuing or refusing to discontinue service at a dwelling, dwelling unit, or premises, and the utility shall not be liable for an action if based upon a writ of possession.
Ala. Code § 35-9A-427 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-427
Section 35-9A-427 Recovery of Possession Limited
Status: in_force

A landlord may not recover or take possession of the dwelling unit by action or otherwise, including willful diminution of services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service to the tenant, except in case of abandonment, surrender, or as permitted in this chapter.
Ala. Code § 35-8-12 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-12
Section 35-8-12 Liability, Actions, and Service of Process
Status: in_force

(a) Neither the association nor any unit owner shall be liable for the individual acts or omissions of any other unit owner.

(b) All actions seeking liability of unit owners arising by virtue of their condominium ownership and who are not liable by reason of any act or omission on their own part shall be directed against the association and defended by the association. Where plaintiff’s demand exceeds unit owner insurance established by the association, such unit owner must be given notice by the association and shall have the right at his own expense to individual representation by counsel.

(c) A unit owner, not liable by reason of any act or omission on his own part, shall have no liability for any settlement, judgment, or cost of defense incurred by the association with relation to limited common elements in which he has no interest.

(d) A unit owner shall be liable for no more than a pro rata share of any settlement, judgment, or cost of defense incurred by the association. Where liability arises with relation to common elements or limited common elements in which a unit owner has an interest, such pro rata share shall be based on such interest. Where liability arises with relation to private elements, such pro rata share shall be based on the relation that the value of such unit owners private element bears the value of all private elements. In no event may such pro rata share exceed the value of such unit owner’s interest in the condominium. Unpaid portions of a judgment which has been so prorated shall not be reassessed among remaining unit owners should those held liable fail to pay.

(e) A unit owner shall be liable for acts or omissions on his own part in the same manner and to the same extent as any other owner of property.

(f) No unit owner, except as an officer of the association, shall have any authority to act for or obligate the association.

(g) Failure of a unit owner to comply with the covenants and restrictions set forth in the declaration or in deeds of units or to comply with the bylaws shall be grounds for an action for the recovery of damages or for injunctive relief, or both, maintainable by the association or by any other unit owner or by any person who holds a lien of record upon a unit and is aggrieved by any such noncompliance.

(h) Whether incorporated or unincorporated, the association shall act through its officers and may enter into contracts, bring suit and be sued. If the association is unincorporated, process may be served upon the association by serving any officer of the association or by serving the agent designated in the bylaws for service of process. Service of process upon any member of the association shall not constitute service of process upon the association.

(i) A unit owner shall have the capacity to sue the association and other unit owners who may be liable by reason of any act or omission on their own part, in tort as if he were a member of the public, and such action shall not be barred on the ground that the plaintiff is a co-owner. Such action shall be at the expense of such plaintiff unit owner, and he shall nevertheless be required to pay any pro rata cost of defense, settlement, or judgment of such action which may be assessed against unit owners by the association.
Ala. Code § 35-19-4 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-4
Section 35-19-4 Interest Holders; Rights of Holders and Agencies; Priority
Status: in_force

(a) An environmental covenant must meet all of the following requirements:

(1) State that the instrument is an environmental covenant executed pursuant to this chapter.

(2) Contain a legally sufficient description of the real property subject to the covenant.

(3) Describe the activity and use limitations on the real property.

(4) Identify every holder.

(5) Be signed by the director, every holder, and unless waived by the agency, every owner of the fee simple of the real property subject to the covenant.

(6) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any of the following:

(1) Requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination on, the property subject to the covenant.

(2) Requirements for periodic reporting describing compliance with the covenant.

(3) Rights of access to the property granted in connection with implementation or enforcement of the covenant.

(4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination.

(5) An exculpatory provision that releases the grantor from future claims by the grantee or the grantee’s successor in title which is consistent and enforceable under the laws of this state.

(6) Limitation on amendment or termination of the covenant in addition to those contained in Sections 35-19-9 and 35-19-10.

(7) Rights of the holder in addition to its right to enforce the covenant pursuant to Section 35-19-11.

(c) In addition to other conditions for its approval of an environmental covenant, the agency may require those persons specified by the agency who have interests in the real property to sign the covenant.
Ala. Code § 35-6A-2 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-2
Section 35-6A-2 Definitions
Status: in_force

For the purposes of this chapter, the following terms shall have the following meanings:

(1) ASCENDANT. An individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

(2) COLLATERAL. An individual who could inherit from, or whose estate could descend to, the related individual under the law of intestate succession of Alabama but who is not the other individual’s ascendant or descendant.

(3) DESCENDANT. An individual who follows another individual in lineage, in the direct line of descent from the other individual.

(4) DETERMINATION OF VALUE. A court order determining the fair market value of heirs property under Section 35-6A-6 or Section 35-6A-10 or adopting the valuation of the property agreed to by all cotenants.

(5) HEIRS PROPERTY. Real property held in tenancy in common which satisfies all of the following requirements as of the filing of a partition action:

(A) There is no agreement in a record binding all the cotenants which governs the partition of the property;

(B) One or more of the cotenants acquired title from a relative, whether living or deceased; and

(C) Any of the following applies:

(i) Twenty percent or more of the interests are held by cotenants who are relatives;

(ii) Twenty percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(iii) Twenty percent or more of the cotenants are relatives.

(6) PARTITION BY SALE. A court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open market sale conducted under Section 35-6A-10.

(7) PARTITION IN KIND. The division of heirs property into physically distinct and separately titled parcels.

(8) RECORD. Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) RELATIVE. An ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this chapter.
Ala. Code § 35-12-4 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-4
Section 35-12-4 Placing Thing Found in Storage
Status: in_force

The finder of a thing may exonerate himself from liability at any time by placing it on storage with any responsible person of good character at a reasonable expense.
Ala. Code § 35-9-60 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-60
Section 35-9-60 Lien Declared
Status: in_force

The landlord of any storehouse or other building shall have a lien on the goods, furniture, and effects belonging to the tenant, and subtenant, for rent, which shall be superior to all other liens, except those for taxes, and except as otherwise provided in Section 7-9A-333. In case the tenant or subtenant is adjudged a bankrupt, such lien on such goods, furniture, and effects of the bankrupt shall, as against the trustee in bankruptcy, attach only for unpaid rent accrued and which shall accrue within six months from the date of adjudication computed pro rata at the then current rate. The lien amount accrued and to accrue shall not be increased by reason of any default or breach of contract by the bankrupt. From the amount of such lien, so computed, the trustee in bankruptcy may deduct all payments and all demands which could be legally set up against the landlord by way of counterclaim. If the trustee in bankruptcy shall dispose of the lease as an asset of the bankrupt estate, then the landlord shall have a lien on the goods, furniture, and effects of any person holding under the trustee in bankruptcy.
Ala. Code § 35-8-10 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-10
Section 35-8-10 Bylaws of Association
Status: in_force

The bylaws govern the administration and management of the condominium property by the association. In addition to such other provisions as may be desired, not inconsistent with this chapter or the declaration, the bylaws shall contain:

(1) The form of administration, indicating the titles of the officers and governing board of the association, if any, and specifying the powers, duties, and manner of selection, removal, and compensation, if any, of officers and board members.

(2) The name and residence address of the person designated as agent to receive service of process upon the association if the association is not incorporated. Such agent must be a resident of this state.

(3) The method of calling meetings of unit owners, the percentage of unit owners or voting rights required to make decisions regarding administration and management of the condominium property and to constitute a quorum, but such bylaws may nevertheless provide that unit owners may waive notice of meetings or may act by written agreement without meetings.

(4) Provision for the maintenance of accounting records, in accordance with generally accepted accounting principles, open to inspection by unit owners at reasonable times. Such records shall include:

a. A record of all receipts and expenditures.

b. An account for each unit, setting forth any shares of common expenses or limited common expenses or other charges due, the due dates thereof, the present balance due and any interest in common surplus or limited common surplus.

(5) The method of amending the bylaws, which shall require recording of any such amendment before it shall become effective. Such method need not be the same as that used for amendment of the declaration.
Ala. Code § 35-10-22 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-22
Section 35-10-22 Partial Payments - When Entered on Margin of Record
Status: in_force

A mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, who has received partial payment, if the mortgage or deed of trust is of record, must, upon request in writing to enter the date and amount of such partial payment by the mortgagor, or by a judgment creditor, or other creditor of the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the mortgagor, or upon the written request of the debtor in a deed of trust, enter on the margin of the record of the mortgage or deed of trust the date and amount of such partial payment or payments; a mortgagee or the assignee or transferee of a debt secured by mortgage, or trustee or his assignee or transferee or cestui que trust of a deed of trust to secure a debt, if the mortgage or deed of trust is of record, must, upon request in writing, of any judgment creditor or other creditor of the mortgagor having a lien or claim on the property mortgaged, or by a purchaser from the mortgagor, or upon the written request of the debtor or mortgagor, enter on the margin of record of the mortgage or deed of trust a statement of the total unpaid amount secured by said mortgage or deed of trust.
Ala. Code § 35-11-45 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-45
Section 35-11-45 Execution of Notices and Certificates
Status: in_force

Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, entitles them to be filed, and no other attestation, certification, or acknowledgment is necessary.
Ala. Code § 35-11-370 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-370
Section 35-11-370 Lien Declared
Status: in_force

Any person, firm, hospital authority, or corporation operating a hospital in this state shall have a lien for all reasonable charges for hospital care, treatment, and maintenance of an injured person who entered such hospital within one week after receiving such injuries, upon any and all actions, claims, counterclaims, and demands accruing to the person to whom such care, treatment, or maintenance was furnished, or accruing to the legal representatives of such person, and upon all judgments, settlements, and settlement agreements entered into by virtue thereof on account of injuries giving rise to such actions, claims, counterclaims, demands, judgments, settlements, or settlement agreements and which necessitated such hospital care, subject, however, to any attorney’s lien.
Ala. Code § 35-12-35 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-35
Section 35-12-35 Payment or Delivery of Abandoned Property - Owner Not Entitled to Income or Other Increments Accruing After Payment or Delivery
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-11-374 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-374
Section 35-11-374 Division Not Applicable to Moneys Due Under Workmen’s Compensation Act
Status: in_force

The provisions of this division shall not apply to any moneys becoming due under the Workmen’s Compensation Act.
Ala. Code § 35-11-48 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-48
Section 35-11-48 Uniformity of Application and Construction
Status: in_force

This division shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this division among states enacting it.
Ala. Code § 35-8A-304 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-304
Section 35-8A-304 Transfer of Special Declarant Rights
Status: reserved

(a) No special declarant right specified in Section 35-8A-103(24) created or reserved under this chapter may be transferred except by an instrument evidencing the transfer recorded in every county in which any portion of the condominium is located. The instrument is not effective unless executed by the transferor and the transferee in the same formality as a conveyance of real property.

(b) Upon transfer of any special declarant right, the liability of a transferor declarant is as follows:

(1) A transferor is not relieved of any obligation or liability arising before the transfer and remains liable for warranty obligations imposed upon him or her by this chapter. Lack of privity does not deprive any unit owner of standing to maintain an action to enforce any obligation of the transferor.

(2) If a successor to any special declarant right is an affiliate of a declarant specified in Section 35-8A-103(1), the transferor is jointly and severally liable with the successor for any obligations or liabilities of the successor relating to the condominium.

(3) If a transferor retains any special declarant right, but transfers other special declarant rights to a successor who is not an affiliate of the declarant, the transferor is liable for any obligations or liabilities imposed on a declarant by this chapter or by the declaration relating to the retained special declarant rights and arising after the transfer.

(4) A transferor has no liability for any act or omission or any breach of a contractual or warranty obligation arising from the exercise of a special declarant right by a successor declarant who is not an affiliate of the transferor.

(c) Unless otherwise provided in a mortgage instrument or deed of trust or other agreement creating a security interest, in case of foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under federal bankruptcy law or receivership proceedings, of any units owned by a declarant or real estate in a condominium subject to development rights, a person acquiring title to all the real estate being foreclosed or sold succeeds to all special declarant rights related to that real estate held by that declarant, or only to any rights reserved in the declaration pursuant to Section 35-8A-215 and held by that declarant to maintain models, sales offices and signs.

(d) Upon foreclosure of a security interest, sale by a trustee under an agreement creating a security interest, tax sale, judicial sale, or sale under federal bankruptcy law or receivership proceedings, of all units and other real estate in a condominium owned by a declarant:

(1) The declarant ceases to have any special declarant rights, and

(2) The period of declarant control specified in Section 35-8A-303(d) terminates unless the judgment or instrument conveying title provides for transfer of all special declarant rights held by that declarant to a successor declarant.

(e) The liabilities and obligations of a person who succeeds to special declarant rights are as follows:

(1) A successor to any special declarant right who is an affiliate of a declarant is subject to all obligations and liabilities imposed on the transferor by this chapter or by the declaration.

(2) A successor to any special declarant right, other than a successor described in subdivisions (3) or (4), who is not an affiliate of a declarant, is subject to all obligations and liabilities imposed by this chapter or the declaration:

a. On a declarant which relates to his or her exercise or nonexercise of special declarant rights; or

b. On his or her transferor, other than:

1. Misrepresentations by any previous declarant;

2. Warranty obligations on improvements made by any previous declarant, or made before the condominium was created;

3. Breach of any fiduciary obligation by any previous declarant or his or her appointees to the board; or

4. Any liability or obligation imposed on the transferor as a result of the transferor’s acts or omissions after the transfer.

(3) A successor to only a right reserved in the declaration to maintain models, sales offices, and signs pursuant to Section 35-8A-215, may not exercise any other special declarant right, and is not subject to any liability or obligation as a declarant, except the obligation to provide an offering statement and any liability arising as a result thereof.

(4) A successor to all special declarant rights held by his or her transferor who is not an affiliate of that declarant and who succeeded to those rights pursuant to a deed in lieu of foreclosure or a judgment or instrument conveying title to units under subsection (c), may declare the intention in a recorded instrument to hold those rights solely for transfer to another person. Thereafter, until transferring all special declarant rights to any person acquiring title to any unit owned by the successor, or until recording an instrument permitting exercise of all those rights, that successor may not exercise any of those rights other than any right held by his or her transferor to control the board in accordance with the provisions of Section 35-8A-303(d) for the duration of any period of declarant control, and any attempted exercise of those rights is void. So long as a successor declarant may not exercise special declarant rights under this subsection, he or she is not subject to any liability or obligation as a declarant other than liability for his or her acts and omissions under Section 35-8A-303(d).

(f) Nothing in this section subjects any successor to a special declarant right to any claims against or other obligations of a transferor declarant, other than claims and obligations arising under this chapter or the declaration.
Ala. Code § 35-4-291 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-291
Section 35-4-291 Powers Deemed Absolute
Status: in_force

Every power of disposition is deemed absolute, by means of which the donee of such power is enabled in his lifetime to dispose of the entire fee for his own benefit; and, where a general and beneficial power to devise the inheritance is given to a tenant for years or for life, it is absolute within the meaning of subsections (b) and (c) of section 35-4-292.
Ala. Code § 35-11-410 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-410
Section 35-11-410 Lien Declared
Status: in_force

Every person, firm or corporation who shall do or perform any work or labor upon, or furnish any material for, any paving, curb, gutter, storm sewer, sanitary sewer or other improvement in or on any public or dedicated street, avenue, alley, or other public way, under or by virtue of any contract with the owner or proprietor of any land abutting thereon, and the amount involved exceeds $100.00, upon complying with the provisions of this division, shall have a lien therefor on such abutting land and the improvements thereon.
Ala. Code § 35-4A-5 — Alabama Code / Title 35 / Chapter 4A / Section 35-4A-5
Section 35-4A-5 Exclusions from Statutory Rule Against Perpetuities
Status: in_force

Section 35-4A-2, the statutory rule against perpetuities, does not apply to:

(1) a nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of (i) a premarital or postmarital agreement, (ii) a separation or divorce settlement, (iii) a spouse’s election, (iv) a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties, (v) a contract to make or not to revoke a will or trust, (vi) a contract to exercise or not to exercise a power of appointment, (vii) a transfer in satisfaction of a duty of support, or (viii) a reciprocal transfer;

(2) a fiduciary’s power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;

(3) a power to appoint a fiduciary;

(4) a discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal;

(5) a nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;

(6) a nonvested property interest in a trust or other property arrangement, which trust or other property arrangement is exclusively for the benefit of one or more charities, governments, or governmental agencies or subdivisions;

(7) a nonvested property interest in or a power of appointment with respect to a trust or other property arrangement forming part of a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses, to which contributions are made for the purpose of distributing to or for the benefit of the participants or their beneficiaries or spouses the property, income, or principal in the trust or other property arrangement, except a nonvested property interest or a power of appointment that is created by an election of a participant or a beneficiary or spouse;

(8) a property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute of this state; or

(9) a trust, (i) which on its terms does not exceed 360 years in duration, (ii) which is governed by the laws of this state, and (iii) the instrument governing which includes a power of the trustee to sell, lease, and mortgage all property held in trust.
Ala. Code § 35-20-5 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-5
Section 35-20-5 Organization of Associations; Filing Requirements; Rulemaking Authority; Organizational Documents
Status: in_force

(a) On or after January 1, 2016, a homeowners’ association created pursuant to a declaration shall be organized as a nonprofit corporation pursuant to Chapter 3 of Title 10A, and shall be governed in all respects as a nonprofit corporation.

(b)(1) A homeowners’ association, its members, and directors shall be subject to all of the obligations, duties, and responsibilities of and shall have all of the rights and benefits provided in Chapter 3 of Title 10A.

(2) In addition or supplemental to any other filing required in Chapter 3 of Title 10A, a homeowners’ association shall file the following documents with the Secretary of State:

a. Bylaws or other governing documents of the association.

b. The original covenants, conditions, or restrictions adopted by the association.

(3) The Secretary of State shall implement and maintain an electronic database, organized by association name, accessible by the public through the Secretary of State’s website which provides the capability to search and retrieve the documents listed in subdivision (2). Any documents filed with the Secretary of State shall be filed in accordance with Division 4 of Article 3 of Chapter 4, provided such documents filed with the Secretary of State pursuant to this chapter shall not be deemed to provide notice pursuant to Chapter 4.

(4) The Secretary of State may adopt rules necessary for the implementation of this section, including reasonable fees for the filing of documents.

(c) The organizational documents of a homeowners’ association shall provide for all of the following:

(1) Methods of efficient communications with the members of the association unless a different method is required by Chapter 3 of Title 10A.

(2) Rules and regulations for the conduct of any meetings of the association.

(3) The compilation, organization, and maintenance of full and complete financial records of the association available to any member at a reasonable time and place upon the payment of reasonable associated costs.

(4) Reasonable rules and regulations for the use, maintenance, repair, replacement, or modification of any common areas, if any, including penalties for violations.

(5) Power to grant easements, leases, licenses, and concessions through or over the common areas, if any.

(6) Statements regarding the payment of dues and assessments to be provided to any person having an interest, upon the payment of reasonable associated costs.

(7) Preparation and submission of the annual budgets of the association to the members.

(8) Any other act a nonprofit corporation is required to do under law.

(d) In addition to the requirements set forth in subsection (c), the organizational documents of a homeowners’ association may provide for the following:

(1) Indemnification and insurance for the association, its officers, and directors.

(2) Fidelity bonds for any person or entity having custody or control of any funds of the association.

(3) Periodic audits of the financial records of the association.

(4) Power to acquire real and personal property for the benefit of the association and its members.

(5) Power to hire and discharge managing agents and other employees, agents, and independent contractors.
Ala. Code § 35-5A-20 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-20
Section 35-5A-20 Accounting by and Determining of Liability of Custodian
Status: in_force

(a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court (1) for an accounting by the custodian or the custodian’s legal representative; or (2) for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under section 35-5A-18 to which the minor or the minor’s legal representative was a party.

(b) A successor custodian may petition the court for an accounting by the predecessor custodian.

(c) The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.

(d) If a custodian is removed under section 35-5A-19(f), the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
Ala. Code § 35-4-32 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-32
Section 35-4-32 Attornment of Tenant Unnecessary
Status: in_force

Every conveyance of an estate in any hereditament, corporeal or incorporeal, is good and effectual without attornment of the tenant; but no tenant who has paid his rent without notice of such conveyance is liable therefor.
Ala. Code § 35-11-43 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-43
Section 35-11-43 Scope
Status: in_force

This division applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens.
Ala. Code § 35-4-210 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-210
Section 35-4-210 Definitions
Status: in_force

As used in this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates a different meaning:

(1) ESTATE IN REMAINDER. One limited to be enjoyed after another estate is determined or at a time specified in the future.

(2) ESTATE IN REVERSION. The residue of an estate, usually the fee, left in the grantor and his heirs after the determination of a particular estate which he has granted out of it.

(3) RIGHTS OF THE REVERSIONER. The same rights as those of a vested remainderman in fee.
Ala. Code § 35-8A-313 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-313
Section 35-8A-313 Insurance
Status: in_force

(a) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available:

(1) Property insurance on the common elements insuring against all risks of direct physical loss commonly insured against or, in the case of a conversion building, against fire and extended coverage perils. The total amount of insurance after application of any deductibles shall be not less than the greater of 80 percent of the actual cash value of the insured property at the time the insurance is purchased or such greater percentage of such actual cash value as may be necessary to prevent the applicability of any co-insurance provision and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; and

(2) Liability insurance, including medical payments insurance, in an amount determined by the board but not less than any amount specified in the declaration, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.

(b) In the case of a building containing units having horizontal boundaries described in the declaration, the insurance maintained under subdivision (a)(1), to the extent reasonably available, must include the units, but need not include improvements and betterments installed by unit owners.

(c) If the insurance described in subsections (a) and (b) is not reasonably available, the association promptly shall cause notice of that fact to be hand-delivered or sent prepaid by United States mail to all unit owners. The declaration may require the association to carry any other insurance, and the association in any event may carry any other insurance it deems appropriate to protect the association or the unit owners.

(d) Insurance policies carried pursuant to subsection (a) must provide that:

(1) Each unit owner is an insured person under the policy with respect to liability arising out of his or her interest in the common elements or membership in the association;

(2) The insurer waives its right to subrogation under the policy against any unit owner or member of his or her household;

(3) No act or omission by any unit owner, unless acting within the scope of his or her authority on behalf of the association, will void the policy or be a condition to recovery under the policy; and

(4) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same risk covered by the policy, the association’s policy provides primary insurance.

(e) Any loss covered by the property policy under subsections (a)(1) and (b) must be adjusted with the association, but the insurance proceeds for that loss are payable to any insurance trustee designated for that purpose, or otherwise to the association, and not to any holder of a security interest. The insurance trustee or the association shall hold any insurance proceeds in trust for unit owners and lien holders as their interests may appear. Subject to the provisions of subsection (h), the proceeds must be disbursed first for the repair or restoration of the damaged property, and the association unit owners and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored, or the condominium is terminated.

(f) An insurance policy issued to the association does not prevent a unit owner from obtaining insurance for his or her own benefit.

(g) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the association and, upon written request, to any unit owner, or holder of a security interest. The insurer issuing the policy may not cancel or refuse to renew it until 30 days after notice of the proposed cancellation or nonrenewal has been mailed to the association, each unit owner and each mortgagee or beneficiary under a deed of trust to whom a certificate or memorandum of insurance has been issued at their respective last known addresses.

(h) Any portion of the condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the association unless:

(1) The condominium is terminated, in which case Section 35-8A-218 applies,

(2) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety, or

(3) Eighty percent of the unit owners, including every owner of a unit or assigned limited common element which will not be rebuilt, vote not to rebuild. The cost of repair or replacement in excess of insurance proceeds, including any deductible or retention under any contract of insurance, and reserves is a common expense.

If the entire condominium is not repaired or replaced, (i) the insurance proceeds attributable to the damaged common elements must be used to restore the damaged area to a condition compatible with the remainder of the condominium, (ii) except to the extent that other persons will be distributees under Section 35-8A-205(a)(12)(ii),

(1) The insurance proceeds attributable to units and limited common elements which are not rebuilt must be distributed to the owners of those units and the owners of the units to which those limited common elements were allocated, or to lienholders, as their interests may appear, and

(2) The remainder of the proceeds must be distributed to all the unit owners or lienholders, as their interests may appear, in proportion to the common element interests of all the units.

If the unit owners vote not to rebuild any unit, that unit’s allocated interests are automatically reallocated upon the vote as if the unit had been condemned under Section 35-8A-107(a), and the association promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations.

(i) The provisions of this section may be varied or waived in the case of a condominium all of whose units are restricted to nonresidential use.

(j) Unless the declaration provides otherwise, the association shall pay any cost in excess of insurance proceeds, including any deductible or retention under any contract of insurance as a common expense.
Ala. Code § 35-6-49 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-49
Section 35-6-49 Filing and Recordation of Application, Etc.; Record as Evidence
Status: in_force

The application, commission, statement of the commissioners and plat and map must be filed in the office of the judge of probate, and, together with all orders made by him, must be recorded in a book kept by him for the record of conveyances of land, and when recorded, the record thereof shall be presumptive evidence of the truth of any fact therein stated.
Ala. Code § 35-2-30 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-30
Section 35-2-30 Acquisition of Land for Monuments and Office
Status: in_force

The Department of Conservation and Natural Resources, division of land surveys, may acquire in the name of the State of Alabama lands or interests therein, where necessary, to establish permanent monuments, and may lease or purchase or acquire by negotiation land, if necessary, for the establishment of an office of the division, which shall be at or near the capitol complex in the City of Montgomery.
Ala. Code § 35-9-83 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-83
Section 35-9-83 Removal to Circuit Court
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-9-40 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-40
Section 35-9-40 Subrogation of Subtenant to Rights, Liens, and Remedies of Landlord
Status: in_force

Any subtenant who pays or discharges any debt or lien which the landlord has against the tenant in chief, by contract, judicial process, or otherwise, shall be subrogated to the rights, liens, and remedies, which the landlord had against the tenant in chief as to such debt or lien so paid or satisfied, or he may set off such debt, claim, or demand so paid or discharged by him against any claim, debt, or demand which the tenant in chief may have against such subtenant.
Ala. Code § 35-12-93 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-93
Section 35-12-93 Agreement to Locate Property. (Amended by Act 2026-285)
Status: in_force

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

(a) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property that is presumed abandoned, is void and unenforceable if it was entered into during the period commencing on the date the property was presumed abandoned and extending to a time that is 24 months after the date the property is paid or delivered to the Treasurer. This subsection does not apply to an owner’s agreement with an attorney to file a claim as to identified property or contest the Treasurer’s denial of a claim.

(b) An agreement by an owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of property, is enforceable only if the agreement is in writing, clearly sets forth the nature of the property and the services to be rendered, states that the property is in custody of the State of Alabama Treasurer’s Office, is signed by the apparent owner, states the compensation fee percentage of the value of the amount to be claimed, and states any other compensation to be deducted.

(c) If an agreement covered by this section applies to mineral proceeds and the agreement contains a provision to pay compensation that includes a portion of the underlying minerals or any mineral proceeds not then presumed abandoned, the provision is void and unenforceable.

(d) Total compensation in an agreement covered by this section may not exceed 10 percent of the value of the amount claimed.

(e) This section does not preclude an owner from asserting that an agreement covered by this section is invalid on grounds other than unconscionable compensation. It is the sole responsibility of the owner to enforce this section.
Ala. Code § 35-4-59 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-59
Section 35-4-59 Conveyance Operative as Record from Date of Delivery; Receipt
Status: in_force

The conveyance or other instrument is operative as a record from the day of the delivery to the judge; and anyone delivering a conveyance or other instrument for registration may require a receipt for same, describing it by date, parties thereto and property conveyed or described.
Ala. Code § 35-9B-6 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-6
Section 35-9B-6 Civil Action for Wrongful Removal
Status: in_force

An individual may bring a civil cause of action for wrongful removal under this chapter against the affiant. An individual harmed by a wrongful removal under this chapter may have the possession of the dwelling restored and may recover actual costs and damages incurred, as well as punitive damages of triple the fair market rent of the dwelling, plus court costs and reasonable attorney fees.
Ala. Code § 35-9A-303 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-303
Section 35-9A-303 Access
Status: in_force

(a) A tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

(b) A landlord may enter the dwelling unit without consent of the tenant only in the following circumstances:

(1) In case of emergency.

(2) Pursuant to court order.

(3) As permitted by Sections 35-9A-422 and 35-9A-423(b).

(4) At reasonable times and with prior notice as provided in subsection (c), to show the premises to a prospective tenant or purchaser, if a landlord provides the tenant separate from the rental agreement a general notice signed by the tenant for the right to access for such a purpose within four months of the expiration of the rental agreement, and only in the company of a prospective tenant or purchaser.

(5) When the landlord has reasonable cause to believe the tenant has abandoned or surrendered the premises.

(c) A landlord shall not abuse the right of access or use it to harass the tenant. Except as provided in this section or unless it is impracticable to do so, the landlord may show the premises at any reasonable time by giving the tenant at least two days’ notice of the landlord’s intent to enter and may enter only at reasonable times. Posting of a note on the primary door of entry to the residence of the tenant stating the intended time and purpose of the entry shall be a permitted method of notice for the purpose of the landlord’s right of access to the premises.

(d) If a landlord provides separate from the lease in a general notice or an advance schedule in excess of two days for repairs, maintenance, pest control, or for service relating to health or safety, whether such notice is for a specific time or within a designated time period, then no additional day’s notice is required to access the premises. A tenant may consent to provide a landlord with access to the premises with less than two days’ notice.

(e) If a tenant requests repairs or maintenance or improvements to a dwelling unit, the tenant shall be deemed to have granted consent to the landlord to enter into the dwelling unit and make the repairs, maintenance, or improvements as requested by the tenant.
Ala. Code § 35-11-6 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-6
Section 35-11-6 Limitations; Trial of Cases of Attachment
Status: in_force

All cases arising under the provisions of this chapter where the process of attachment is authorized for the enforcement of any lien declared hereby, except in cases of agisters or trainer liens and the lien declared to the owners of the stallions, jacks, bulls, etc., and, unless otherwise particularly provided for, must be commenced within six months after the demand becomes due; and unless commenced within that time, the lien is lost. All cases of attachment arising under the provisions of this chapter shall stand for trial at the time and shall be tried in the manner and upon the notice required in other attachment cases.
Ala. Code § 35-4-301 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-301
Section 35-4-301 Powers Irrevocable Unless Otherwise Indicated
Status: reserved

Every power, beneficial or in trust, is irrevocable, unless an authority to revoke it is contained or reserved in the instrument creating the power.
Ala. Code § 35-4-252 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-252
Section 35-4-252 Term of Trust for Accumulation
Status: reserved

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
Ala. Code § 35-11-44 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-44
Section 35-11-44 Place of Filing
Status: in_force

(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this division.

(b) Notices of federal liens upon real property for obligations payable to the United States and certificates and notices affecting the liens shall be filed in the office of the judge of probate of the county in which the real property subject to the liens is situated.

(c) Notices of federal liens upon personal property, whether tangible or intangible, for obligations payable to the United States and certificates and notices affecting the liens shall be filed as follows:

(1) If the person against whose interest the lien applies is a corporation or a partnership whose principal executive office is in this state, as those entities are defined in the internal revenue laws of the United States, in the office of the Secretary of State;

(2) If the person against whose interest the lien applies is a trust that is not covered by subdivision (1), in the office of the Secretary of State;

(3) If the person against whose interest the lien applies is the estate of a decedent, in the office of the judge of probate of the county in the courts of which the estate is being administered;

(4) In all other cases, in the office of the judge of probate of the county where the person against whose interest the lien applies resides at the time of filing of the notice of lien.
Ala. Code § 35-5A-5 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-5
Section 35-5A-5 Transfer by Gift or Exercise of Power of Appointment
Status: in_force

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Section 35-5A-10.
Ala. Code § 35-14-1 — Alabama Code / Title 35 / Chapter 14 / Section 35-14-1
Section 35-14-1 Generally; When Owner of Trees Deemed Owner of Land; Joinder Actions
Status: in_force

(a) Any person who cuts down, deadens, girdles, boxes, destroys, or takes away, if already cut down or fallen, any cypress, pecan, oak, pine, cedar, poplar, walnut, hickory, or wild cherry tree, or sapling of that kind, on land not his own, wilfully and knowingly, without the consent of the owner of the land, must pay to the owner $20.00 for every such tree or sapling; and for every other tree or sapling, not hereinbefore described, so cut down, deadened, girdled, boxed, destroyed, or taken away by any person, he must pay to such owner the sum of $10.00.

(b) When one person owns the land and another person owns the trees standing thereon, the owner of the trees is the owner of the land within the meaning of subsection (a) of this section.

(c) Actions under this section may be joined with actions for trespass, for cutting, injuring, or removing timber.
Ala. Code § 35-11-221 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-221
Section 35-11-221 Limitation of Actions
Status: in_force

Any action for the enforcement of the lien declared in this division must be commenced within six months after the maturity of the entire indebtedness secured thereby, except as otherwise provided in this division.
Ala. Code § 35-4-96 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-96
Section 35-4-96 Conveyances of Personalty to Minors
Status: in_force

All conveyances of personal property in favor of minor children, except by will, where the custody, control, and visible possession thereof is suffered to remain by the donor with the father or mother of such children, vest an absolute estate in such father or mother so in possession, in favor of the purchasers from, and creditors of, such father or mother, without notice, unless the conveyance is recorded within three years after such possession commenced in this state in the county of the residence of such father or mother.
Ala. Code § 35-4-127 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-127
Section 35-4-127 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).
Ala. Code § 35-11-1 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-1
Section 35-11-1 Statutory Modes of Enforcement Not Exclusive
Status: in_force

The statutory modes provided in this chapter for the enforcement of liens are not the exclusive modes of enforcing such liens, but are cumulative merely. Any lien may be enforced in the manner provided by statute, if so provided, or by attachment for enforcing liens, or by any similar mode or remedy existing at common law.
Ala. Code § 35-10-28 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-28
Section 35-10-28 Entry of Full Payment or Satisfaction in Record - Satisfaction by One of Several Joint Mortgagees, Etc
Status: reserved

The satisfaction in full by any one of several joint mortgagees, or his successors or assigns, on the margin of the record, and properly attested by the probate judge, or his chief clerk, or the filing of a release by such party properly notarized, acknowledging full satisfaction of any mortgage in the names of two or more persons jointly as mortgagees standing on the probate records of any county in this state, shall be sufficient to extinguish the lien of such mortgage.

The provisions of this section shall also relate to and be effective as to vendor’s liens reserved in deeds or other instruments of record in any probate office in this state.
Ala. Code § 35-11-226 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-226
Section 35-11-226 Enforcement of Judgments
Status: in_force

(a) Judgments establishing the lien, and ordering the property sold for the satisfaction thereof, may be enforced by writs of fieri facias or venditioni exponas; but if by fieri facias, the clerk shall indorse thereon the fact that the lien has been established, and a description of the property.

(b) Upon the entry of such judgment by the district court, all the papers and a certified transcript of the judgment shall be transmitted to the clerk of the circuit court; and thereupon such clerk shall enter the action on the execution docket, record the judgment, and issue a writ of fieri facias or venditioni exponas, as on judgments entered in that court.
Ala. Code § 35-8A-407 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-407
Section 35-8A-407 Offering Statement - Condominium Securities
Status: in_force

If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States or registered pursuant to the Interstate Land Sales Full Disclosure Act, a declarant satisfies all requirements relating to the preparation and delivery of an offering statement of this chapter if he or she delivers to the purchaser a copy of the offering statement filed with the Securities and Exchange Commission or a copy of the property report approved in accordance with the Interstate Land Sales Full Disclosure Act as a part of the registration process.
Ala. Code § 35-11-70 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-70
Section 35-11-70 Lien on Stock for Pasturage or Training
Status: in_force

(a) Any keeper, owner, operator, or proprietor of any pasture kept for grazing stock or of any cattle or livestock feed or fattening lot, or any keeper, owner, or proprietor of any stable for the development or training of horses, or any person who keeps, fattens, feeds, cares for, trains, or develops any horse, horses, cattle, or livestock for another shall have a lien on all such horses, cattle, or livestock so kept, fed, pastured, trained, cared for, fattened, or developed by him, or under his control, for the payment of his charges for keeping, feeding, pasturing, training, caring for, fattening, or developing the same, and he shall have the right to retain such horse, horses, cattle, livestock, or stock, or so many thereof as may be necessary for the payment of such charges.

(b) If the charges, claims, or demands under subsection (a) of this section when due are not paid within 10 days after demand therefor, such person, keeper, owner, operator, proprietor, or trainer is authorized, on giving 10 days’ notice of the time and place of such sale, by advertisement in some newspaper published in the county in which said stable, pasture, or cattle, or livestock feed or fattening lot is located, once a week for two successive weeks, or if there is no such paper, by posting the notice in three conspicuous places in the county, to sell the stock for the payment of the charges and expenses for keeping, feeding, pasturing, training, caring for, fattening, or developing said stock, and also the costs and expenses of the sale and advertising and the balance, if any, he shall pay over to the owner of such stock.
Ala. Code § 35-8A-411 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-411
Section 35-8A-411 Release of Liens
Status: in_force

(a) In the case of a sale of a unit where delivery of an offering statement is required pursuant to Section 35-8A-402(c) or a disclosure is made pursuant to Section 35-8A-407, a seller shall record or furnish to the purchaser releases of all liens or an agreement to release any liens that encumber that unit and its common element interest, except liens on real estate that a declarant has the right to withdraw from the condominium, that the purchaser does not expressly agree in a written contract of sale which specifically identifies such lien and its amount to take subject to or assume, or provide a surety bond or substitute collateral for or insurance against the lien in the manner provided for liens on real estate in Section 35-11-233(b).

(b) In conveying real estate to the association the declarant shall have that real estate released from: (i) all liens the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units, and (ii) all other liens on that real estate unless the offering statement describes certain real estate which may be conveyed subject to liens in specified amounts.
Ala. Code § 35-6-2 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-2
Section 35-6-2 Recordation of Judgment
Status: in_force

In any judgment concerning real property under the chapter, the judgment shall be recorded in the same manner as provided under Section 6-6-544.
Ala. Code § 35-9B-9 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-9
Section 35-9B-9 Relation to Chapters 9 and 9A
Status: in_force

(a) For the purposes of this chapter, the term “squatter” means a person occupying a dwelling who is not entitled to occupy the dwelling under a lease or rental agreement nor authorized by a tenant to occupy the dwelling. The term does not include a tenant who holds over in periodic tenancy as described in Section 35-9A-441.

(b) Occupancy by a squatter is excluded from the application of Chapters 9 and 9A, and the removal of a squatter shall not require the use of an eviction action under those chapters.
Ala. Code § 35-6A-14 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-14
Section 35-6A-14 Relation to Federal Law
Status: in_force

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Ala. Code § 35-10-51 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-51
Section 35-10-51 Effect of Deed in Lieu of Foreclosure
Status: in_force

A deed in lieu of foreclosure:

(1) Transfers to the mortgagee all right, title, and interest of the mortgagor in the mortgaged property, including, but not limited to, all rights of redemption, statutory or equitable, unless expressly otherwise provided therein;

(2) Does not effect a foreclosure of the mortgage covering the mortgaged property;

(3) Does not give rise to a statutory right of redemption in the mortgagor or in any other person;

(4) Does not result in a merger of the mortgagee’s rights with the mortgagor’s equity of redemption for any purpose; and

(5) Does not affect the rights or interests of any person or entity other than the mortgagor in the mortgaged property.
Ala. Code § 35-8-6 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-6
Section 35-8-6 Common and Limited Common Elements
Status: in_force

(a) The undivided interest in the common elements and limited common elements or the method for determining such interests shall be set forth in the declaration.

(b) Any conveyance, lease, devise, or other disposition or mortgage or encumbrance of any unit shall extend to and include such undivided interest in the common and limited common elements, whether or not expressly referred to in the instrument effecting the same.

(c) The common elements and limited common elements shall remain undivided from the condominium property and shall not be the object of an action for partition or division unless the condominium property is removed from the provisions of this chapter as provided in Section 35-8-20. Nothing in this chapter shall be construed as a limitation on partition of individual interests in a unit or units by co-owners of such unit or units.

(d) The undivided interest of each unit owner in the common elements and limited common elements or the method for determining such interests shall be as set forth in the declaration and shall not thereafter be changed unless the owners of record of the units affected thereby and the holders of record of any liens thereon shall have agreed to an amendment to the declaration which specifies such change. Such agreement may be made either in advance of or at the time of such amendment. The amended declaration shall be duly recorded.
Ala. Code § 35-11-216 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-216
Section 35-11-216 Verified Statement - Indorsement by Probate Judge; Recordation; Fee
Status: in_force

The judge of probate shall indorse on such statement the date of its filing, and shall record the same in a book kept for that purpose, which shall be properly labeled and indexed, and note thereon the date of filing; for all of which he shall receive $.15 per 100 words, which shall be secured to the party filing the statement by such lien.
Ala. Code § 35-9-81 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-81
Section 35-9-81 Issuance of Writ or Process
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-4-26 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-26
Section 35-4-26 Acknowledgment - Officers Authorized to Take Outside Alabama; Validity; Certification
Status: in_force

(a) Acknowledgments, proofs of conveyances, and affidavits may be taken within the United States and beyond the State of Alabama, by judges and clerks of any federal court, judges and clerks of any state court of record in any state, notaries public, commissioners appointed by the Governor of this state, the commissioner of deeds for the state wherein the acknowledgment is taken, or by any commissioned officer of any of the Armed Forces of the United States. Beyond the limits of the United States, the acknowledgments, proofs, and affidavits may be taken by the judges of any court of record, mayor or chief magistrate of any city, town, borough, or county, by any diplomatic, consular, or commercial agent of the United States, notaries public, or by any commissioned officer of any of the Armed Forces of the United States.

(b) Notwithstanding any provision of this chapter, the acknowledgment of any instrument executed outside the State of Alabama which is in compliance with the manner and form prescribed by the laws of the place of its execution, is executed in a state, territory, or insular possession of the United States or the District of Columbia, and is verified by the official seal of the officer before whom it is acknowledged, shall have the same effect as an acknowledgment in the manner and form prescribed by the laws of this state for instruments executed within the state.

(c) All deeds, conveyances, deeds of trust, mortgages, mineral leases, marriage contracts, and other instruments in writing, affecting or purporting to affect title to any real estate or personal property situated in this state, which have been recorded or executed prior to August 1, 2004, and which may be defective or ineffectual because of the failure to have the form of acknowledgment as required by Section 35-4-29, shall be binding and effectual as though the instruments contained the required form of acknowledgment.

(d) In addition to the acknowledgment of instruments in the manner and form provided by this chapter, persons serving in or with the Armed Forces of the United States or their dependents may acknowledge the same wherever located before any commissioned officer of any of the Armed Forces of the United States. The instrument may not be rendered invalid by the failure to state therein the place of execution or acknowledgment, but shall include the state in which the acknowledgment occurred. No authentication of the certificate of acknowledgment of the officer shall be required, but the officer taking the acknowledgment shall endorse thereon or attach thereto a certificate substantially in the following form:

“On this ____ day of _________, _____, before me, ______________, the undersigned officer, personally appeared ___________ (Serial No. _________ ) known to me or satisfactorily proven to be (serving in or with the Armed Forces of the United States) (a dependent of ________________, Serial No. _________, a person serving in or with the Armed Forces of the United States) and to be the person whose name is subscribed to the within instrument, and acknowledgment before me on this day that, being informed of the contents of this instrument, he or she executed the same voluntarily on the day the same bears date. The undersigned does further certify that he or she is at the date of this certificate a commissioned officer of the rank stated below and is in the active service of the Armed Forces of the United States.

“______________

“Signature of Officer

“______________

“Rank and Serial No. of Officer and Command to which attached.”
Ala. Code § 35-7-7 — Alabama Code / Title 35 / Chapter 7 / Section 35-7-7
Section 35-7-7 Action to Recover Costs and Expenses
Status: in_force

If one joint owner or tenant in common of a partition fence, after 10 days’ notice from other joint owners or tenants in common of such partition fence to assist or join with them in the erection of a partition fence, shall fail or refuse to assist in the erection, repair, or maintaining, and fail or refuse to pay his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining such fence, he shall be liable to the other joint owners or tenants in common of such fence for his pro rata or aliquot part of the costs and expenses of erecting, repairing, or maintaining such fence, to be recovered in any court having jurisdiction of such action. In all such trials, however, the propriety, necessity, as well as the amount for erecting, repairing, and maintaining shall be questions for the determination of the court or jury trying the case; the object and purpose of the law being that each joint owner or tenant in common shall bear his aliquot or proportionate part of the costs and expenses of erecting, repairing, and maintaining partition fences; but one tenant in common shall not have the right, capriciously or unnecessarily to erect, repair, or expend money in maintaining such fences and thereby require other tenants in common or joint owners of such partition fences to expend money uselessly or unnecessarily, nor to contribute thereto when the fence is erected exclusively for the benefit of the owner so erecting it. The remedy given by this section shall not be exclusive of other remedies provided in this Code for similar cases.
Ala. Code § 35-4-230 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-230
Section 35-4-230 Abolished
Status: in_force

Where a remainder created by a deed or will is limited to the heirs, issue, or heirs of the body of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the heirs, issue, or heirs of the body of such tenant for life are entitled to take as purchasers by virtue of the remainder so limited to them.
Ala. Code § 35-4-50 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-50
Section 35-4-50 Conveyances Required to Be Recorded in Office of Probate Judge
Status: in_force

Conveyances of property, required by law to be recorded, must be recorded in the office of the judge of probate.
Ala. Code § 35-6-112 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-112
Section 35-6-112 Time for Hearing; Guardians Ad Litem
Status: in_force

Upon the filing of such application, a day must be appointed for the hearing of the same, within 15 days thereafter, if the parties are residents of this state, but if they are nonresidents, within 30 days thereafter; and if any of the parties in interest are minors or persons of unsound mind, guardians ad litem must be appointed to represent them, unless they have general guardians who will represent them on the hearing.
Ala. Code § 35-9A-102 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-102
Section 35-9A-102 Purposes; Rules of Construction
Status: in_force

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies.

(b) Underlying purposes and policies of this chapter are:

(1) to simplify, clarify, modernize, and revise the law governing the rental of dwelling units and the rights and obligations of landlords and tenants;

(2) to encourage landlords and tenants to maintain and improve the quality of housing; and

(3) to make uniform the law with respect to the subject of this chapter among those states which enact it.

(c) This chapter shall be construed as applying only to the residential landlord and tenant relationship. The chapter does not create any duties in tort or causes of action in tort, nor does it deprive anyone of any causes of action in tort that may exist apart from this chapter.
Ala. Code § 35-12A-7 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-7
Section 35-12A-7 Intent by Tenant to Remove Dwelling from Premises
Status: in_force

If a tenant, responds by written notice to the manufactured dwelling community owner on or before the specified date in the manufactured dwelling community owner’s notice that the tenant intends to remove the manufactured dwelling from the premises, the manufactured dwelling community owner must make the manufactured dwelling available for removal by appointment at reasonable times during the next 45 days, provided that the tenant has paid all applicable charges and costs as provided herein. If the manufactured dwelling is not removed, the manufactured community dwelling owner may proceed with the sale of the manufactured dwelling pursuant to Section 35-12A-8.
Ala. Code § 35-15-28 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-28
Section 35-15-28 Owner Must Establish Public Use
Status: in_force

(a) The liability limitation protection of this article may be asserted only by an owner who can reasonably establish that the outdoor recreational land was open for non-commercial use to the general public at the time of the injury to a person using such land for any public recreational purpose. Any owner may create a rebuttable presumption of having opened land for non-commercial public recreational use by:

(1) Posting signs around the boundaries and at the entrance(s) of such land; or

(2) Publishing a notice in a newspaper of general circulation in the locality in which the outdoor recreational land is situated, and describing such land; or

(3) Recording a notice in the public records of any county in which any part of the outdoor recreational land is situated, and describing such land; or

(4) Any act similar to subdivisions (1), (2), or (3) of subsection (a), which is designed to put the public on notice that such outdoor recreational land is open to non-commercial public recreational use.

(b) The assertion of any of the provisions of the article by an owner shall not be construed to be (1) expressed or implied dedication; (2) granting of an easement; or (3) granting of an irrevocable license, to any person or the public to use such outdoor recreational land.

(c) Any person who enters non-commercial outdoor recreational land for any recreational purpose either with or without an invitation or permission from the owner, and either with or without knowledge that the land is held open for non-commercial public recreational use is subject to the provisions of this article.

(d) The availability of outdoor recreational land for non-commercial public use may be conditioned upon reasonable restrictions on the time, place, and manner of public use as the owner shall establish.
Ala. Code § 35-19-1 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-1
Section 35-19-1 Short Title
Status: in_force

This act may be cited as the Alabama Uniform Environmental Covenants Act.
Ala. Code § 35-8A-219 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-219
Section 35-8A-219 Rights of Secured Lenders
Status: in_force

The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (i) deny or delegate control over the general administrative affairs of the association by the unit owners or the board, or (ii) prevent the association or the board from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to section 35-8A-313.
Ala. Code § 35-4-136 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-136
Section 35-4-136 Record of Termination of Action; Microfilm
Status: in_force

Where the action, proceeding, or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same was pending may direct the judge of probate who has custody of the record to make such entry thereof as he shall prescribe, to give notice of the result of the action, proceeding, or levy and of the devolution of the land, and the judge of probate shall at once, on presentation thereof, file and record an entry and note the date of filing and recording on the record; provided, that where an application has been made for an order of condemnation of land, or any interest therein, the probate judge shall make such entry on his own motion. The officer or party filing such notice must, within 30 days after demand, enter on the margin of the record of the same satisfaction of such claim under the lis pendens notice whenever the same shall have been fully satisfied or terminated, and such satisfaction shall have the same effect as if made by the judge of probate as provided in this article. Nothing in this section, nor in Section 35-4-137, shall be construed to alter the form used in maintaining the lis pendens records in those counties where the public land records are, by authority of the statute law of the State of Alabama, maintained on microfilm.
Ala. Code § 35-4-296 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-296
Section 35-4-296 Execution in Cases Where Instrument Specified Is Insufficient
Status: in_force

When the donor of a power has directed it to be executed by an instrument not sufficient in law to pass the estate, the power is not void but may be executed by an instrument sufficient to pass such estate.
Ala. Code § 35-6-123 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-123
Section 35-6-123 Costs and Fees
Status: in_force

The probate court may tax the costs against the unsuccessful party litigating, or against the crops, which may be sold in amount sufficient to satisfy the same, if not paid; but each share shall be charged with only its proportion of the costs. If the crops involved are worth less than $100.00, the judge, sheriff, jurors, commissioners, and witnesses shall only be allowed half the fees for similar services in other cases; if over $100.00, the same fees as they are allowed for such services in other cases.
Ala. Code § 35-16-1 — Alabama Code / Title 35 / Chapter 16 / Section 35-16-1
Section 35-16-1 Publication of Annuity Tables
Status: in_force

The superintendent of insurance and the superintendent of banks, jointly, shall, within 30 days after final adjournment of each regular session of the Legislature, cause to be prepared a table showing the current present cash value of an annuity of $100.00 per month, month by month from two to 480 months at two percent, two and one-half percent, three percent, three and one-half percent, four percent, four and one-half percent, five percent, five and one-half percent and six percent, which table shall be delivered to the Secretary of State, who shall cause the same to be printed in the bound volume of the acts of the Legislature.
Ala. Code § 35-9A-422 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-422
Section 35-9A-422 Failure to Maintain
Status: in_force

If there is noncompliance by the tenant with Section 35-9A-301 materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning, and the tenant fails to comply as promptly as conditions require in case of emergency or within seven days after written notice by the landlord specifying the breach and requesting that the tenant remedy it within that period of time, the landlord may enter the dwelling unit and cause the work to be done in a workmanlike manner and submit the itemized bill for the actual and reasonable cost or the fair and reasonable value thereof as rent on the next date periodic rent is due, or if the rental agreement has terminated, for immediate payment.
Ala. Code § 35-4-192 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-192
Section 35-4-192 Appeals
Status: in_force

Any party feeling aggrieved by the finding of the court may invoke an appeal therefrom to the Supreme Court or the Court of Civil Appeals within 30 days from the date of such order or judgment by giving security for costs to be approved in the same manner as now provided for in appealing from the judgments of the court in which such proceeding was had.
Ala. Code § 35-18-5 — Alabama Code / Title 35 / Chapter 18 / Section 35-18-5
Section 35-18-5 Creation of Instrument; Other Interests Valid
Status: in_force

(a) Any instrument intended to create a conservation easement under this chapter shall contain an explicit reference to that effect.

(b) This chapter does not invalidate any interest, whether designated as a conservation or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, that is enforceable under any other law of this state.
Ala. Code § 35-12-86 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-86
Section 35-12-86 Election to Take Payment or Delivery
Status: in_force

(a) The Treasurer may decline to receive property reported under this article which the Treasurer considers to have a value less than the expenses of notice and sale.

(b) A holder, with the written consent of the Treasurer and upon conditions and terms prescribed by the Treasurer, may report and deliver property before the property is presumed abandoned. A holder exempt from reporting, upon conditions and terms prescribed by the Treasurer, may voluntarily report. Property delivered under this section is deemed abandoned upon receipt by the Treasurer and shall be handled in the same manner as other abandoned property under this article.
Ala. Code § 35-18-4 — Alabama Code / Title 35 / Chapter 18 / Section 35-18-4
Section 35-18-4 Validity of Easement
Status: in_force

A conservation easement is valid even though any of the following apply:

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

(2) It can be or has been assigned to another 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 affirmative obligations upon the owner of an interest in the burdened property or upon the holder.

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

(7) There is no privity of estate or of contract.
Ala. Code § 35-8A-203 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-203
Section 35-8A-203 Construction and Validity of Declaration and Bylaws
Status: in_force

(a) All provisions of the declaration and bylaws are severable.

(b) The rule against perpetuities may not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to section 35-8A-302(a)(1).

(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with this chapter.

(d) Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with this chapter. The determination of whether a substantial failure impairs marketability is not governed by this chapter.
Ala. Code § 35-12-40 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-40
Section 35-12-40 Claims for Property or Proceeds of Sale - Filing of Claim
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-11-227 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-227
Section 35-11-227 Actions by Employees, Etc.; Defense by Contractor
Status: in_force

(a) If the action is by an employee of the contractor, or by any person who has furnished to him material for the building or improvement, the contractor shall be a necessary party defendant thereto; and in such action on motion of the plaintiff, the owner or proprietor may be cited to answer under oath how much was owing by him to the contractor on his contract with such contractor, at the time of the service on him of the notice required by Section 35-11-218; and such answer may be controverted, and proceedings had and judgment entered as in garnishment cases.

(b) When the lien is sought to be enforced by any person other than the contractor, it shall be the duty of the contractor to defend the action at his own expense; and after notice of an intention to file a statement of the lien, and pending the action, the owner or proprietor may withhold from the contractor money sufficient to cover the amount claimed, and the probable costs and expense of the action; and in case of recovery against the owner or proprietor, or his property, he shall be entitled to deduct from the amount owing by him to the contractor the amount of such judgment, costs, and expense; and if he shall have settled with the contractor, he shall be entitled to recover from the contractor the amount recovered of, and paid by him; and such recovery may be had in the same court, on motion, on three days’ notice.
Ala. Code § 35-8A-101 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-101
Section 35-8A-101 Short Title
Status: in_force

This chapter shall be known and may be cited as the “Alabama Uniform Condominium Act of 1991.”
Ala. Code § 35-9-6 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-6
Section 35-9-6 Notice to Quit for Breach or Default of Terms of Lease
Status: in_force

When default is made in any of the terms of a lease, it shall not be necessary to give more than 10 days’ notice to quit, or of the termination of such tenancy, and the same may be terminated on giving such notice to quit at any time after such default in any of the terms of such lease; which notice may be substantially in the following form:

“To A. B.:

You are hereby notified that in consequence of your default in (here insert the character of the default) of the premises now occupied by you, being (here describe the premises), I have elected to terminate your lease, and you are hereby notifed to quit and deliver up possession of the same to me within 10 days of this date. Dated this _____ day of _____” To be signed by the lessor or his agent; and no other notice or demand of possession or termination of such tenancy shall be necessary to maintain unlawful detainer.
Ala. Code § 35-9B-1 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-1
Section 35-9B-1 Definitions
Status: in_force

For the purposes of this section, the term “dwelling” has the same meaning as provided in Section 13A-7-1.
Ala. Code § 35-19-6 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-6
Section 35-19-6 Relation to Zoning and Other Laws Regulating Use
Status: in_force

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
Ala. Code § 35-11-131 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-131
Section 35-11-131 Enforcement of Lien
Status: in_force

The lien of keepers of hotels, inns, boarding houses, and restaurants on the goods and personal baggage of their guests and boarders may be enforced by a seizure and sale of such goods and baggage in the manner provided by law. If the charges, when due, are not paid within 10 days after demand therefor, such hotel, inn, boarding house, or restaurant keeper may, on giving 10 days’ notice of the time and place of such sale, by advertisement, by one insertion in some newspaper published in the county in which the hotel, inn, boarding house, or restaurant is located, or, if there be no such paper, by posting the notice in a conspicuous place in the lobby of such hotel, inn, boarding house, or restaurant, and in one other public place in the county, sell such goods and baggage to the highest bidder, and apply the proceeds to the payment of the charges for and expense of keeping such goods and baggage, and of the sale thereof, and to the satisfaction, in whole or in part, as the case may be, of said lien, and the balance, if any there be, shall be paid over to the owner on demand. The demand herein first provided for may be made in person, or by letter or writing, duly stamped, addressed and mailed to such owner, to his address, if known to such keeper, or to the address appearing on the register of such hotel, inn, boarding house, or restaurant.
Ala. Code § 35-11-416 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-416
Section 35-11-416 Acknowledgment of Satisfaction
Status: in_force

Whenever any such lien has been fully satisfied, the holder thereof must acknowledge satisfaction of the same on the margin of the record in the office of the judge of probate and any holders of such lien who, after having been fully paid, fails for 30 days after the demand in writing to so acknowledge satisfaction thereof, shall be liable to any person thereby injured to the amount of such injury, which shall be not less than $200.00.
Ala. Code § 35-4-232 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-232
Section 35-4-232 Conveyance of Greater Estate by Tenant for Life or Years Passes His Estate
Status: in_force

A conveyance made by a tenant for life or years, purporting to convey a greater interest than he possesses or can lawfully convey, does not work a forfeiture of his estate but passes to the grantee all the estate which the tenant could lawfully convey.
Ala. Code § 35-5A-21 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-21
Section 35-5A-21 Termination of Custodianship Upon Minor’s Reaching Age 21 or Age of Majority or Upon Minor’s Death
Status: in_force

The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of:

(1) The minor’s attainment of 21 years of age with respect to custodial property transferred under section 35-5A-5 or 35-5A-6;

(2) The minor’s attainment of majority under the laws of this state other than this chapter with respect to custodial property transferred under section 35-5A-7 or 35-5A-8; or

(3) The minor’s death.
Ala. Code § 35-4-322 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-322
Section 35-4-322 Application to Compel Conveyance - Contents; Notice Generally; Decree; Appeals
Status: in_force

Such application must be by petition, setting out the contract or agreement, the lands to be conveyed and stating the names of the heirs and personal representatives of the contracting party, which of them are of full age and which are minors; and the judge of probate must give notice of such petition by 20 days’ written notice to the personal representative and resident heirs of the contracting party, to be served by any sheriff and, if any one or more are nonresidents, by publication in some newspaper published in his county and in the county in which the lands lie; or, if none is published therein, the paper published in the place nearest to the county site of such county, once a week for three successive weeks; and if, on the hearing of such application, it appears that such agreement or contract was fairly made and the consideration or conditions of the same paid or performed, such judge must decree the conveyance to be executed by the personal representative of the party so contracting, according to the terms thereof; and such personal representative, failing to execute such conveyance in conformity with such decree, must be imprisoned until he executes the same; either party having the right to appeal as on other final judgments and decrees of the probate court.
Ala. Code § 35-8A-416 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-416
Section 35-8A-416 Declarant’s Obligation to Complete and Restore
Status: reserved

(a) Except for improvements labeled, “NEED NOT BE BUILT” the declarant shall complete all improvements depicted on any site plan or graphic representation including plats or plans prepared pursuant to section 35-8A-209, whether or not that site plan or other graphic representation is contained in the offering statement or any promotional material distributed by or for the declarant.

(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any portion of the condominium affected by the declarant’s exercise of rights reserved pursuant to or created by sections 35-8A-210 through 35-8A-213, 35-8A-215, and 35-8A-216.
Ala. Code § 35-6A-9 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-9
Section 35-6A-9 Partition in Kind - Factors
Status: in_force

(a) In determining under subsection (a) of Section 35-6A-8 whether partition in kind would result in great prejudice to the cotenants, the court shall consider all of the following:

(1) Whether the heirs property practicably can be divided among the cotenants.

(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur.

(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other.

(4) A cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant.

(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property.

(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property.

(7) Any other relevant factor.

(b) The court may not consider any one factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
Ala. Code § 35-8A-413 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-413
Section 35-8A-413 Express Warranties
Status: in_force

(a) Express warranties made by the declarant, an affiliate of the declarant, or any person in the business of selling real estate for his or her own account, to a purchaser of a unit, if relied upon by the purchaser, are created as follows:

(1) Any affirmation of material fact or material promise which relates to the unit, its use, or rights appurtenant thereto, improvements to the condominium that would directly benefit the unit, or the right to use or have the benefit of facilities not located in the condominium, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise;

(2) Any model or description of the physical characteristics of the condominium, including plans and specifications of or for improvements, creates an express warranty that the condominium will substantially conform to the model or description;

(3) Any description of the quantity or extent of the real estate comprising the condominium, including plats or surveys, creates an express warranty that the condominium will conform to the description, subject to customary tolerances; and

(4) A statement that a buyer may put a unit only to a specified use is an express warranty that the specified use is lawful.

(b) Neither formal words, such as “warranty” or “guarantee,” nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty.
Ala. Code § 35-5A-19 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-19
Section 35-5A-19 Renunciation, Resignation, Death or Removal of Custodian; Designation of Successor Custodian
Status: in_force

(a) A person nominated under section 35-5A-4 or designated under section 35-5A-10 as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor’s legal representative or by effecting a valid disclaimer in the manner that interests in property may be disclaimed under the Alabama Uniform Disclaimer of Property Interests Act. If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under section 35-5A-4, the person who made the nomination may nominate a substitute custodian under section 35-5A-4; otherwise the transferor or the transferor’s legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under section 35-5A-10(a). The custodian so designated has the rights of a successor custodian.

(b) A custodian at any time may designate a trust company or an adult other than a transferor under section 35-5A-5 as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.

(c) A custodian may resign at any time by delivering written notice to the minor if the minor has attained the age of 14 years and to the successor custodian and by delivering the custodial property to the successor custodian.

(d) If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor has attained the age of 14 years, the minor may designate as successor custodian, in the manner prescribed in subsection (b), an adult member of the minor’s family, a conservator of the minor, or a trust company. If the minor has not acted, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor’s family, or any other interested person may petition the court to designate a successor custodian.

(e) A custodian who declines to serve under subsection (a) or resigns under subsection (c), or the legal representative of a deceased or incapacitated custodian, as soon as practicable, shall put the custodial property and records in the possession and control of the successor custodian. The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.

(f) A transferor, the legal representative of a transferor, an adult member of the minor’s family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor has attained the age of 14 years may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under section 35-5A-5 or to require the custodian to give appropriate bond.
Ala. Code § 35-12-36 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-36
Section 35-12-36 Disposition of Property by Treasurer
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.