Ala. Code § 35-12A-1 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-1
Section 35-12A-1 Definitions
Status: in_force

(1) ABANDONED MANUFACTURED DWELLING. A manufactured dwelling that satisfies either of the following circumstances:

a. A tenant is absent from the premises of the manufactured dwelling following expiration of 30 days after default, termination, or expiration of the lease agreement.

b. A tenant is absent from the premises of the manufactured dwelling continuously for 30 days after service of a court order requiring the tenant to vacate the premises due to failure of the tenant to perform obligations of the lease.

(2) MANUFACTURED DWELLING COMMUNITY OWNER. Any individual or business entity that, for consideration, allows another individual to place a residential trailer, mobile home, or manufactured dwelling on land owned or leased by that individual or business entity.

(3) MANUFACTURED DWELLING. A residential trailer, mobile home, or manufactured home.

(4) RENTAL FEE. The actual rent charged to the tenant including utilities, maintenance charges, and any other fee charged incidental to the rent as provided for by the agreement between the manufactured dwelling community owner and tenant.

(5) TENANT. An individual or business entity that enters into a rental agreement with a manufactured dwelling community owner for placement of a manufactured home on the property of the manufactured dwelling community owner and that leases or owns the manufactured home.
Ala. Code § 35-6-104 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-104
Section 35-6-104 Costs of Appraisal
Status: in_force

The costs of the appraisers or commissioners shall be taxed as a part of the cost of court to those seeking to or purchasing the interests.
Ala. Code § 35-2-62 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-62
Section 35-2-62 Remedies Not Exclusive
Status: in_force

The remedies provided in this article for vacating maps, plats, surveys, streets, alleys, etc., shall not be held to be exclusive, but alternative or cumulative.
Ala. Code § 35-4-411 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-411
Section 35-4-411 Ordinance or Resolution Describing Proposed Conveyance
Status: in_force

When the county commission, or the council or like governing body of a city or town, or governing body of any other subdivision determines to alienate any public improvement described in Section 35-4-410, it shall adopt a resolution or ordinance to that effect, describing the nature and extent of the proposed conveyance and the minimum consideration therefor, if any. The ordinance or resolution shall be published once a week for four consecutive weeks in some newspaper published in the county, city, or town, and, if no newspaper is published therein, it may be published in a newspaper having general circulation in the county, city, or town.
Ala. Code § 35-9A-461 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-461
Section 35-9A-461 Landlord’s Action for Eviction, Rent, Monetary Damages, or Other Relief
Status: in_force

(a) A landlord’s action for eviction, rent, monetary damages, or other relief relating to a tenancy subject to this chapter shall be governed by the Alabama Rules of Civil Procedure and the Alabama Rules of Appellate Procedure except as modified by this chapter.

(b) District courts and circuit courts, according to their respective established jurisdictions, shall have jurisdiction over eviction actions, and venue shall lie in the county in which the leased property is located. Eviction actions shall be entitled to precedence in scheduling over all other civil cases.

(c) Service of process shall be made in accordance with the Alabama Rules of Civil Procedure. However, if a sheriff, constable, or process server is unable to serve the defendant personally, service may be had by delivering the notice to any person who is sui juris residing on the premises, or if after reasonable effort no person is found residing on the premises, by posting a copy of the notice on the door of the premises, and on the same day of posting or by the close of the next business day, the sheriff, the constable, the person filing the complaint, or anyone on behalf of the person, shall mail notice of the filing of the unlawful detainer action by enclosing, directing, stamping, and mailing by first class a copy of the notice to the defendant at the mailing address of the premises and if there is no mailing address for the premises to the last known address, if any, of the defendant and making an entry of this action on the return filed in the case. Service of the notice by posting shall be complete as of the date of mailing the notice.

(d) Notwithstanding subsection (a) of Section 12-12-70, any party may appeal from an eviction judgment entered by a district court to the circuit court at any time within seven days after the entry thereof. The filing of a timely post-judgment motion pursuant to the Alabama Rules of Civil Procedure shall suspend the running of the time for filing a notice of appeal. In cases where post-judgment motions are filed, the full time fixed for filing a notice of appeal shall be computed from the date of the entry in the civil docket of an order granting or denying such motion, or the date of the denial of such motion by operation of law pursuant to Rule 59.1 of the Alabama Rules of Civil Procedure. Upon filing of an appeal by either party, the clerk of the court shall schedule the action for trial as a preferred case, and it shall be set for trial within 60 days from the date of the filing of the appeal. In eviction actions, an appeal by a tenant to circuit court or to an appellate court does not prevent the issuance of a writ of restitution or possession unless the tenant pays to the clerk of the circuit court all rents properly payable under the terms of the lease since the date of the filing of the action, and continues to pay all rent that becomes due and properly payable under the terms of the lease as they become due, during the pendency of the appeal. In the event of dispute, the amounts properly payable shall be ascertained by the court.

(1) If the tenant should fail to make any payments determined to be properly payable as they become due under this subsection, upon motion, the court shall issue a writ of restitution or possession and the landlord shall be placed in full possession of the premises.

(2) Upon disposition of the appeal, the court shall direct the clerk as to the disposition of the funds paid to the clerk pursuant to this subsection.

(e) If an eviction judgment enters in favor of a landlord, a writ of possession shall issue upon application by the landlord. Notwithstanding Rule 62 of the Alabama Rules of Civil Procedure, the automatic stay on the issuance of the writ of possession or restitution shall be for a period of seven days. If a tenant without just cause re-enters the premises, the tenant can be held in contempt and successive writs may issue as are necessary to effectuate the eviction judgment.

(f) In the event that the landlord is placed in possession under a writ of restitution or possession, and on appeal the judgment is reversed and one entered for the tenant or the proceeding on appeal is quashed or dismissed, the circuit court may award a writ of restitution or possession to restore the tenant to possession as against the landlord, but not as against a third party. The issuance of the writ rests in the discretion of the appellate court, and the circuit court, in all cases, may direct writs of restitution or possession to be issued by the trial court when, in the judgment of the circuit court, such writ is proper or necessary.
Ala. Code § 35-4-306 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-306
Section 35-4-306 Article Not Extended to Simple Power of Attorney
Status: in_force

The provisions of this article in relation to powers do not extend to a simple power of attorney to convey lands in the name and for the benefit of the owner.
Ala. Code § 35-11-454 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-454
Section 35-11-454 Release, Etc., of Lien
Status: in_force

(a) Whenever a notice of lien has been filed with the office of the judge of probate and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker’s written agreement, the broker shall record a written release or satisfaction of the lien, in the appropriate records of the office of the judge of probate and shall furnish a copy of the recorded release or satisfaction to the owner.

(b) Upon written demand of the owner, lienee, or authorized agent served on the broker claiming the lien requiring that suit be commenced to enforce the lien or answer be filed in a pending suit, a suit shall be commenced or answer filed in a pending suit, within 60 days thereafter, or the lien shall be extinguished. Service of such demand shall be in the manner provided by the Alabama Rules of Civil Procedure for the service of a summons and complaint.

(c) Whenever a notice of lien has been timely filed in the office of the judge of probate and is paid, or where there is failure to institute a suit to enforce the lien within the time provided by this division, the lien shall be invalid and the broker shall, within 30 days after payment or expiration of the time in which to perfect the lien, record a written release or satisfaction of the lien in the proper office of the judge of probate and shall furnish a copy of the recorded release or satisfaction to the owner or other lienee. This release or satisfaction filed by the broker shall not be required to invalidate the lien.

(d) The lien provided herein and the broker’s right to file and record a lien provided for in this division shall be terminated and dissolved if the owner, landlord, tenant, purchaser from owner, lender providing a loan secured by commercial real estate, or other holder of an interest in the commercial real estate shows either of the following:

(1) The lien has been waived in writing by the lien claimant or its expressly authorized agent.

(2) The client at whose instance the brokerage services were provided has given a sworn written statement that all compensation due or to become due under the listing, agency, or other brokerage agreement has been paid or has been waived in writing by the potential lien claimant, or that no compensation is owed to such broker related to the commercial real estate.
Ala. Code § 35-12-1 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-1
Section 35-12-1 When Finder Becomes Depositary
Status: in_force

One who finds a thing lost is not bound to take charge of it; but if he does so he is thenceforward a depositary for the owner, with the rights and obligations of a depositary for hire.
Ala. Code § 35-4-341 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-341
Section 35-4-341 Meeting of Trustees; Execution of Deed
Status: in_force

(a) Before such deed may be executed, a majority of the board of trustees of the literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association shall first recommend the execution of said deed and submit the proposition to a called meeting of the adult members of such literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association, such meeting to be assembled after 10 days’ notice of the time, place and object of such meeting, posted at the usual place of assembly and published by notice signed by a majority of such trustees in some newspaper published in the county where such literary society, social society, Young Men’s Christian Association, or Young Women’s Christian Association is situated or has its principal office; and, if a majority of the adult members present at such meeting shall vote in favor of the proposition, then a majority of the board of trustees or such agent as may be designated at such meeting shall execute a deed conveying the title to the real estate which they are authorized by such meeting to convey.

(b) A certified copy of the minutes of such meeting shall be prima facie evidence of the authority of the trustees or such other agent as may have been designated at such meeting to execute said conveyance and that a majority of the adult members were present at such meeting. Said certified copy must be made by the secretary of said meeting and attested by the chairman as a true copy, and acknowledged by them to be a true copy before some officer authorized to take acknowledgments, and said copy may be recorded in the office of the judge of probate of the county where the property is situated and, when recorded, shall be notice of the matters therein set forth and prima facie evidence thereof.
Ala. Code § 35-12-34 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-34
Section 35-12-34 Payment or Delivery of Abandoned Property - Relief from Liability; Rights Become Obligations of State; Reimbursement
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-2-7 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-7
Section 35-2-7 Limitation on Use of Name of System
Status: in_force

The use of the term “Alabama coordinate system” on any map, report of survey, or other document shall be limited to coordinates based on the Alabama coordinate system as defined in this article.
Ala. Code § 35-9-4 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-4
Section 35-9-4 Duration of Tenancy When Time for Termination Not Specified - Hiring of Lodgings for Indefinite Term
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-11-92 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-92
Section 35-11-92 Right to Enforce Liens by Attachment
Status: in_force

For the enforcement of such liens the persons entitled may sue out attachments before any officer authorized to issue such writs, returnable before any court of competent jurisdiction.
Ala. Code § 35-6-122 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-122
Section 35-6-122 Trial by Jury
Status: in_force

Either party shall be entitled to a trial by jury, on demand made therefor at any time before the hearing, and the jury shall decide the facts under the charge of the judge. When a jury is demanded, the court shall order the sheriff to summon 12 men, or, by agreement of the parties, any less number, competent to serve as jurors; and the mode of swearing, impaneling, challenging, and supplying the places of jurors shall be the same, so far as practicable, as in the circuit court, on the trial of civil actions.
Ala. Code § 35-4-20 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-20
Section 35-4-20 Conveyance Required to Be in Writing; Signature; Attestation by Witnesses
Status: in_force

Conveyances for the alienation of lands must be written or printed, or partly written and partly printed, on parchment or paper, and must be signed at their foot by the contracting party or his agent having a written authority; or, if he is not able to sign his name, then his name must be written for him, with the words “his mark” written against the same, or over it; the execution of such conveyance must be attested by one witness or, where the party cannot write, by two witnesses who are able to write and who must write their names as witnesses; or, if he can write his name but does not do so and his name is written for him by another, then the execution must be attested by two witnesses who can and do write their names.
Ala. Code § 35-6A-11 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-11
Section 35-6A-11 Report Required for Open Market Sale
Status: in_force

(a) In an open market sale of heirs property, a broker or seller shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the determination of value or the amount ordered by the court.

(b) The report required by subsection (a) shall contain all of the following information:

(1) A description of the property to be sold to each buyer.

(2) The name of each buyer.

(3) The proposed purchase price.

(4) The terms and conditions of the proposed sale, including the terms of any owner financing.

(5) The amounts to be paid to lien holders.

(6) A statement of contractual or other arrangements or conditions of the broker’s commission.

(7) Other material facts relevant to the sale.
Ala. Code § 35-9A-421 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-421
Section 35-9A-421 Noncompliance with Rental Agreement; Failure to Pay Rent
Status: in_force

(a) Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, an intentional misrepresentation of a material fact in a rental agreement or application, or a noncompliance with Section 35-9A-301 materially affecting health and safety, the landlord may deliver a written notice to terminate the lease to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. An intentional misrepresentation of a material fact in a rental agreement or application may not be remedied or cured. If the breach is not remedied within the seven business days after receipt of the notice to terminate the lease, the rental agreement shall terminate on the date provided in the notice to terminate the lease unless the tenant adequately remedies the breach before the date specified in the notice, in which case the rental agreement shall not terminate.

(b) If rent is unpaid when due, the landlord may deliver a written notice to terminate the lease to the tenant specifying the amount of rent and any late fees owed to remedy the breach and that the rental agreement will terminate upon a date not less than seven business days after receipt of the notice. If the breach is not remedied within the seven business days, the rental agreement shall terminate. If a noncompliance of rental agreement occurs under both subsection (a) and this subsection, the seven-day notice period to terminate the lease for nonpayment of rent in this subsection shall govern.

(c) Except as provided in this chapter, a landlord may recover actual damages and reasonable attorney fees and obtain injunctive relief for noncompliance by the tenant with the rental agreement or Section 35-9A-301.

(d) Notwithstanding Section 35-9A-141, no breach of any of the terms or obligations of the lease may be cured by a tenant more than two times in any 12-month period except by the express written consent of the landlord. The following acts or omissions by a tenant or occupant shall constitute a noncurable default of the rental agreement, and in such cases the landlord may terminate the rental agreement upon a seven-day notice. The tenant shall have no right to remedy such a default unless the landlord consents. Such acts and omissions include, but are not limited to, the following:

(1) Manufacture, cultivation, importation, transportation, possession, furnishing, administering, or use of illegal drugs in the dwelling unit or in the common areas.

(2) Illegal use, manufacture, importation, possession, furnishing, or discharging of a firearm or firearm ammunition on the premises of the rental property, except for the use or discharge of a firearm or firearm ammunition in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.

(3) Criminal assault of a tenant or guest on the premises of the rental property, except in cases of self-defense, defense of a third party, or as permissible in Section 13A-3-23.

(4) Any breach involving substantially the same acts or omissions as a breach for which a notice to terminate has previously been provided for by the landlord and cured by the tenant, if the second breach occurs within six months of the first breach.
Ala. Code § 35-8A-201 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-201
Section 35-8A-201 Creation of Condominium
Status: in_force

(a) A condominium may be created pursuant to this chapter only by filing a declaration executed in the same manner as a deed with the judge of probate in every county in which any portion of the condominium is located.

(b) The judge of probate shall index the declaration of condominium in the grantee’s index in the name of the condominium and the association and in the grantor’s index in the name of each person executing the declaration.

(c) A declaration or an amendment to a declaration adding units to a condominium is not effective unless all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially complete, as evidenced by a recorded certificate of substantial completion of structural and mechanical systems executed by an independent registered engineer or independent registered architect.
Ala. Code § 35-8A-212 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-212
Section 35-8A-212 Relocation of Boundaries Between Adjoining Units
Status: in_force

(a) Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application must state the proposed reallocations. Unless the board determines, within 30 days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and upon recordation, is indexed in the name of the grantor, grantee, and shall be recorded as an amendment to the declaration.

(b) The association shall prepare and record plats or plans necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers.

(c) Any costs incurred utilizing the procedures described in subsections (a) and (b) above shall be borne by the requesting unit owners.
Ala. Code § 35-9A-161 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-161
Section 35-9A-161 Terms and Conditions of Rental Agreement
Status: in_force

(a) A landlord and a tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other law, including rent, term of the agreement, and other provisions governing the rights and obligations of the parties.

(b) In absence of agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.

(c) Rent is payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month. Unless otherwise agreed, rent is uniformly apportionable from day-to-day.

(d) Unless the rental agreement fixes a definite term, the tenancy is week-to-week in case of a tenant who pays weekly rent, and in all other cases month-to-month.
Ala. Code § 35-8A-307 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-307
Section 35-8A-307 Upkeep of Condominiums
Status: in_force

(a) Except to the extent provided by the declaration, subsection (b), or Section 35-8A-313(h), the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his or her unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his or her unit reasonably necessary for those purposes. If damage is inflicted on the common elements, or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.

(b) In addition to the liability that a declarant as a unit owner has under this chapter, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.
Ala. Code § 35-11-112 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-112
Section 35-11-112 Joinder of Persons Having Liens on Same Property
Status: in_force

(a) Persons having liens under the provisions of this division, on the same property, may join in the same action for the enforcement of their respective liens; and when there is such joinder, the court or jury trying the action must ascertain the amount due to each of the plaintiffs secured by the lien, and judgment must be rendered accordingly; but the failure of one or more of the plaintiffs to establish his or their liens shall not defeat a recovery by the others. The proceeds of the sale of the property levied on, if not sufficient to satisfy the demands of all the plaintiffs, shall be distributed, after payment of the costs, pro rata among them.

(b) When persons having such liens on the same property refuse, after notice in writing, to join in such action, the persons giving the notice may proceed without them on making affidavit of the fact of such notice and refusal; and notice of the levy of the attachment must be served on the persons refusing to join in the manner and within the time required for the service of such notice on the defendant; and such persons, either at the trial, or at any time prior thereto, on making affidavit setting forth all facts necessary to the creation of their liens, and the amounts thereof, may be made plaintiffs in the action, and the action shall then proceed as if commenced jointly by them with the original plaintiffs; but on their failure to thus join, the action shall proceed for the benefit of the original plaintiffs, who shall, in that event, be entitled to priority of satisfaction.
Ala. Code § 35-4-270 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-270
Section 35-4-270 Warranties by Tenant for Life
Status: in_force

All warranties by any tenant for life are void as against those in remainder or reversion, and it shall not be necessary for those in remainder or reversion to bring any action or file any complaint to recover such property or set aside or limit such conveyance or declare their interest until they are entitled to such property, and no statute of limitation or repose shall operate against them until such time as they are entitled to such property.
Ala. Code § 35-4-94 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-94
Section 35-4-94 Loans in Writing, Wills or Conveyances Creating Estates in Personal Property on Condition, Etc
Status: in_force

All loans in writing, wills, or conveyances creating estates in personal property, on condition, in reversion or remainder, or in which the use is separated from the right, other than the conveyances hereinabove in this division specified and other than leases (including, without limitation, leases under the Uniform Commercial Code) and security agreements under the Uniform Commercial Code, and under which possession is suffered to remain for three years with the party entitled to the estate or use, vest an absolute estate in the person so having possession for such number of years as to creditors and purchaser of such person unless such loan, will, or conveyance is recorded within such time in the county where such property is; provided, however, that nothing contained in this section shall be construed as applying to any lease (including, without limitation, leases under the Uniform Commercial Code) or to any security interest or security agreement under the Uniform Commercial Code.
Ala. Code § 35-12-30 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-30
Section 35-12-30 Reciprocity for Property Abandoned or Escheated Under Laws of Another State
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-2-52 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-52
Section 35-2-52 Approval of Municipal Authorities Required
Status: in_force

It shall be the duty of every probate judge in this state to decline to receive for record in his office any map or plat upon which any lands lying within the corporate limits or police jurisdiction of any city of this state having a population of more than 10,000 inhabitants are platted or mapped as streets, alleys, or other public ways, unless such map or plat shall have noted thereon the approval of the governing body or city engineer of such city.
Ala. Code § 35-8A-105 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-105
Section 35-8A-105 Separate Titles and Taxation
Status: reserved

(a) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.

(b) If there is any unit owner other than a declarant, each unit must be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.

(c) Any portion of the common elements for which the declarant has reserved any development right may be separately taxed and assessed against the declarant, and, if separately taxed and assessed, the declarant alone would be liable for payment of those taxes.

(d) If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.

(e) All laws authorizing exemptions or deductions from taxation shall be applicable to each individual unit to the same extent they are applicable to other property.
Ala. Code § 35-2-21 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-21
Section 35-2-21 Appointment and Qualifications of Chief of Division
Status: in_force

The division of land surveys shall be headed by and be under the direction, supervision, and control of an officer who shall be designated “chief of the division of land surveys.” He shall be appointed by the Commissioner of Conservation and Natural Resources, with the approval of the Governor, with the additional requirement that he be a registered land surveyor within the state of Alabama with training and experience properly qualifying him for the performance of his official duties, and he shall be under and subject to the provisions of the state Merit System.
Ala. Code § 35-4-298 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-298
Section 35-4-298 Execution of Power Upon Death of Trustee with Right of Selection
Status: in_force

If the trustee of a power, with the right of selection, dies, leaving the power unexecuted, its execution may be ordered for the equal benefit of all the persons designated as the objects of the trust.
Ala. Code § 35-6-21 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-21
Section 35-6-21 Interpleader
Status: in_force

During the pendency of any civil action for partition, any person claiming to be interested in the premises to be assigned or aparted may appear and answer the complaint, and assert his or her rights, by way of interpleader; and the court shall decide upon the rights of all persons appearing as aforesaid, as though they had been made parties in the first instance.
Ala. Code § 35-4-52 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-52
Section 35-4-52 Petitions, Decrees, or Orders of Bankruptcy
Status: in_force

(a) A certified copy of the petition, with or without the schedules thereto, of the decree of adjudication or of the order approving the trustee’s bond in bankruptcy proceedings under the provisions of the acts of the Congress of the United States may be filed in the office of the judge of probate of every county in this state where the bankrupt owns or has an interest in real property situated in said county, and such filing shall constitute notice of such proceeding as may be provided by law.

(b) The judge of probate shall immediately file and record such certified copy in the lis pendens record kept in his office, note on it and in the record the hour and date of the filing and place and date of recording and index the same directly in the name of the bankrupt.
Ala. Code § 35-11-251 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-251
Section 35-11-251 Enforcement of Lien
Status: in_force

(a) If the charges, when due, are not paid within 10 days after demand therefor, the owner of such sawmill is authorized, if he has retained possession of the lumber subject to the lien, 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 sawmill is located, once a week for two successive weeks, or, if there be no such newspaper, by posting notice in two or more public places in the county, to sell the said lumber, or so much thereof as may be necessary, to the highest bidder, for the payment of the expense of such sale and the charges for such sawing, and the residue, if any there be, he shall pay over to the owner of such lumber.

(b) If the lumber subject to the lien declared in this division shall have been removed without the knowledge and consent of the owner or operator of such sawmill without paying the charges for such sawing, the owner or operator may have process of attachment from any court having jurisdiction of the amount claimed, leviable on the lumber sawed.
Ala. Code § 35-8A-106 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-106
Section 35-8A-106 Applicability of Local Ordinances, Regulations, and Building Codes
Status: in_force

(a) A building code may not impose any requirements upon any structure in a condominium which it would not impose upon a physically identical structure under a different form of ownership.

(b) No zoning, subdivision, or other real estate use law, ordinance, or regulation may prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership.

(c) Except as provided in subsections (a) and (b), the provisions of this chapter do not invalidate or modify any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, rule, or regulation governing the use of real estate.
Ala. Code § 35-11-151 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-151
Section 35-11-151 Enforcement of Lien
Status: in_force

If such debt remains unpaid for 12 months or more, then the jeweler, watchmaker, or silversmith may sell such article at private or public sale after 10 days’ notice and the proceeds, after first paying the expenses of the sale shall be applied on the payment of the debt, the balance, if any, to be held for the debtor. If the debtor’s residence is known, notice in writing must be given the debtor of the amount due and the time and place of the sale before said sale, notice to be mailed to his street address. If the debtor’s residence is unknown, notice must be given by posting in the county courthouse of the city, town, or village where the jeweler, watchmaker, or silversmith resides, or the courthouse nearest thereto, statement that the sale will be made, setting out the time, place, and article or articles to be sold and the name of the debtor.
Ala. Code § 35-12-70 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-70
Section 35-12-70 Short Title
Status: in_force

This article may be cited as the Uniform Disposition of Unclaimed Property Act of 2004.
Ala. Code § 35-11-230 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-230
Section 35-11-230 Actions Against Personal Representatives
Status: in_force

The provisions of this Code prohibiting the bringing of actions against personal representatives within six months after the grant of letters shall not apply to actions brought under the provisions of this division.
Ala. Code § 35-4-51 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-51
Section 35-4-51 What Instruments Admitted to Record; Filing as Notice of Contents; Section Cumulative
Status: in_force

Except as may be otherwise provided by the Uniform Commercial Code, all deeds, mortgages, deeds of trust, bills of sale, contracts, or other documents purporting to convey any right, title, easement, or interest in any real estate or personal property and all assignments of mortgages, deeds of trust, or other securities for debt or extension agreements with respect thereto, when executed in accordance with law, shall be admitted to record in the office of the probate judge of any county. Their filing for registration shall constitute notice of their contents.

This section shall not be construed as superseding or repealing any other laws effective in Alabama relative to the subject matter in this article, but shall be held and construed to be cumulative.
Ala. Code § 35-4-390 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-390
Section 35-4-390 Prior Conveyances Ratified and Confirmed
Status: in_force

All conveyances of land owned or claimed by the state made by the Governor in the name of the state prior to August 17, 1924, are hereby ratified and confirmed as valid conveyances of such lands to the purchasers or grantees thereof.
Ala. Code § 35-12-42 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-42
Section 35-12-42 Claims for Property or Proceeds of Sale - Judicial Review
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-9A-107 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-107
Section 35-9A-107 Notice Requirement
Status: in_force

A cause of action or civil complaint initiated pursuant to this chapter is not subject to the notice requirement of subsection (j) of Section 34-27-31.
Ala. Code § 35-9-88 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-88
Section 35-9-88 Fees
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-9-87 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-87
Section 35-9-87 Appeals
Status: reserved

Repealed by Act 2006-316, p. 668, §3, effective January 1, 2007.
Ala. Code § 35-4-125 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-125
Section 35-4-125 Scope and Restrictions
Status: in_force

Except as expressly provided in this division or the standards adopted by the Electronic Recording Commission, nothing in this division or any rule adopted pursuant to this division may amend, alter, or repeal the substantive law of this state as it relates to the requirements of any real property recording.
Ala. Code § 35-12-26 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-26
Section 35-12-26 Intangible Property of Business Associations and Banking or Financial Organizations Held in Course of Dissolution
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-10-23 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-23
Section 35-10-23 Partial Payments - Notices or Demands to Enter Partial Payments or Satisfaction
Status: in_force

All notices or demands to enter partial payments or satisfaction of balance of debt secured as is provided in section 35-10-21 shall be in writing and signed by the party or parties who are entitled to have the entries of record made, or by their personal representative, or by their agents duly authorized in writing to give such notices or make such demand; and the notice or demand shall be served in person upon the owner or holder of such lien or upon his agent who is authorized to receive payment of such debt, or any part secured by the lien, or by mailing by registered or certified mail with request for return receipt, a copy of such written demand or notice to such owner or holder of the lien or to any agent of his who would be authorized to receive such payments of the debts or demands so secured by the recorded lien. This letter must be addressed to the usual known address of such owner or holder of such lien or his agent as above specified with sufficient postage prepaid; but such notice or demand given by public mail as above provided shall be only prima facie evidence that the notice or demand so mailed was received by the addressee.
Ala. Code § 35-4-57 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-57
Section 35-4-57 Deeds of Assignment for Benefit of Creditors
Status: in_force

All deeds of assignment executed by debtors for the benefit of creditors shall, as soon as executed, be filed and recorded in the office of the judge of probate of the county in which the property is situated, and such deeds are operative in all respects as other deeds from the day of the delivery to the judge.
Ala. Code § 35-8-15 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-15
Section 35-8-15 Taxes, Special Assessments, Etc
Status: in_force

All property taxes, special assessments, and other charges imposed by any taxing authority shall be separately assessed against and collected on each unit as a single parcel, and not on the condominium property as a whole. Such taxes, assessments, and charges shall constitute a lien only upon the unit and upon no other portion of the condominium property. All laws authorizing exemptions or deductions from taxation shall be applicable to each individual unit to the same extent they are applicable to other property. The total of the assessments for tax purposes against the aggregate of all units constituting the condominium property shall not exceed the assessment which would otherwise have been made against such condominium property as a single parcel had it not been submitted to this chapter.
Ala. Code § 35-9-34 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-34
Section 35-9-34 When Lien May Be Enforced by Attachment
Status: in_force

The landlord, or his assignee, may have process of attachment for the enforcement of his lien for rent and advances, or either, when such rent and advances, or either, as the case may be, are due and the tenant fails or refuses, after demand made, to pay the same; and also in the following cases, whether such rent and advances, or either, are due or not:

(1) When there is good cause to believe that the tenant or subtenant is about to remove from the premises, or otherwise dispose of any part of the crop, without paying such rent and advances, or either, and without the consent of the landlord, or of the assignee, when the claim has been assigned.

(2) When the tenant or subtenant has removed from the premises, or otherwise disposed of any part of the crop without paying such rent and advances, or either, and without the consent of the landlord, or of the assignee, when the claim has been assigned.

(3) When the tenant or subtenant has disposed of, or there is good cause to believe that he is about to dispose of, any of the articles advanced or obtained by purchase with money advanced, or by barter in exchange for any article advanced, in fraud of the rights of the landlord, or of his assignee, as the case may be.
Ala. Code § 35-8A-303 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-303
Section 35-8A-303 Board Members and Officers
Status: in_force

(a) Except as provided in the declaration, the bylaws, the articles of incorporation in subsection (b), or other provisions of this chapter, the board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the board are required to exercise: (i) if appointed by the declarant; the care required of fiduciaries of the unit owners other than the declarant and (ii) if elected by the unit owners other than declarant, ordinary and reasonable care.

(b) The board may not act on behalf of the association to amend the declaration as specified in Section 35-8A-217, to terminate the condominium described in Section 35-8A-218, or to elect members of the board or to determine the qualifications, powers and duties, or terms of office of board members as provided in Section 35-8A-303(f), but the board may fill vacancies in its membership for the unexpired portion of any term.

(c) Within 30 days after adoption of any proposed budget for the condominium, the board shall provide a copy of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget not less than 10 nor more than 50 days after delivery or mailing of the budget to the unit owners. Unless at that meeting a majority of all the unit owners present in person or by proxy or any larger vote specified in the declaration reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the board.

(d) Subject to subsection (e), the declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by him or her, may appoint and remove the officers and members of the board. Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earliest of: (i) 60 days after conveyance of 75 percent of the units which may be created to unit owners other than a declarant; (ii) two years after all declarants have ceased to offer units for sale in the ordinary course of business; or (iii) two years after any development right to add new units was last exercised. A declarant may voluntarily surrender the right to appoint and remove officers and members of the board before termination of that period, but in that event he or she may require, for the duration of the period of declarant control, that specified actions of the association or board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective.

(e) Not later than 90 days after conveyance of 25 percent of the units which may be created to unit owners other than a declarant, at least one member and not less than 25 percent of the members of the board must be elected by unit owners other than the declarant. Not later than 90 days after conveyance of 50 percent of the units which may be created to unit owners other than a declarant, not less than 33 1/3 percent of the members of the board must be elected by unit owners other than the declarant.

(f) Except as otherwise provided in Section 35-8A-220(e), not later than the termination of any period of declarant control, the unit owners shall elect a board of at least three members.

(g) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present in person and entitled to vote at any meeting of the unit owners at which a quorum in person is present, may remove any member of the board with or without cause, other than a member appointed by the declarant.
Ala. Code § 35-12-46 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-46
Section 35-12-46 Confidentiality of Information; Rules and Regulations of Treasurer; Employees; Special Counsel
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-6-57 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-57
Section 35-6-57 Sale Instead of Partition - When Sale Ordered
Status: in_force

If, after a decree for partition and the appointment of commissioners it shall appear from the report of the commissioners, or on exceptions to their report, that a just and equal division of the land cannot be made, or that a sale will better promote the interest of all the cotenants, the court shall order a sale of the land, or such part thereof as may be deemed proper, and a division of the proceeds among those interested, as provided for, and make an equitable partition as provided in this article of the land not sold.
Ala. Code § 35-2-57 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-57
Section 35-2-57 Duty of Probate Judge Upon Recording Vacated Map or Plat
Status: in_force

When a map or plat or part thereof is vacated, the judge of probate, upon recording such vacation, shall do one of the following:

(1) Where the most recent record is only a tangible map or plat, write in plain letters across the record of the map or plat, or the part so vacated, the word “vacated” and refer on the same to the volume and page in which the instrument of vacation is recorded.

(2) Where the most recent record consists of an electronic or digital image of a map or plat, record a certificate indicating that the map or plat has been vacated, and the certificate shall be made a part of the property records to which it pertains.
Ala. Code § 35-4-434 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-434
Section 35-4-434 Disclosure
Status: in_force

(a) Any contract for the sale of real property subject to a private transfer fee obligation shall include a provision disclosing the existence of that obligation, a description of the obligation, and a statement that private transfer fee obligations are subject to certain prohibitions under this article. A contract for sale of real property which does not conform to the requirements of this section is not enforceable by the seller against the buyer, nor is the buyer liable to the seller for damages under such a contract, and the buyer under the contract is entitled to the return of all deposits made in connection with the sale of the real property.

(b) Where a private transfer fee obligation is not disclosed under subsection (a) and a buyer subsequently discovers the existence of the private transfer fee obligation after title to the property has passed to the buyer, the buyer has the right to recover both:

(1) Any and all damages resulting from the failure to disclose the private transfer fee obligation, including, but not limited to, the amount of any private transfer fee paid by the buyer, or the difference between:

a. The market value of the real property if it were not subject to a private transfer fee obligation.

b. The market value of the real property as subject to a private transfer fee obligation.

(2) All attorney fees, expenses, and costs incurred by the buyer in seeking the buyer’s remedies under this subsection.

(c) Any provision in a contract for sale of real property that purports to waive the rights of a buyer under this section is void.

(d) A real estate licensee shall have no duty to discover the existence of any private transfer fee obligation.
Ala. Code § 35-9B-3 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-3
Section 35-9B-3 Verification of Owner; Service of Notice; Identification and Arrest of Squatters; Fees
Status: in_force

(a) Upon receipt of the affidavit, the law enforcement agency shall verify that the affiant is the record owner of the dwelling or the authorized agent of the owner of the dwelling and appears otherwise entitled to relief. Upon verification and after at least 24 hours from receipt of the affidavit, the law enforcement agency shall serve a notice to immediately vacate on the unauthorized individual. Service may be accomplished by hand delivery of the notice to any unauthorized individual occupying the dwelling or by posting notice on the front door or entrance of the dwelling. Law enforcement shall also attempt to verify the identities of all individuals occupying the dwelling and note the identities on the return of service. If appropriate, a law enforcement officer may arrest any individual found in the dwelling for trespass, burglary, theft, or any other criminal act, or for an outstanding warrant.
Ala. Code § 35-7-2 — Alabama Code / Title 35 / Chapter 7 / Section 35-7-2
Section 35-7-2 Joint Owners Authorized to Make Repairs
Status: in_force

Where a partition fence has been, or may hereafter be established by agreement of adjacent owners of land, each to keep up a particular part of such fence, if either fails to keep such part assigned to him in good repair, it shall be lawful for the other joint owner to repair such fence, the cost thereof to be paid by the one so failing; and if they cannot agree as to the amount to be paid for such repairs, the same is to be ascertained and collected as provided by this chapter.
Ala. Code § 35-6A-10 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-10
Section 35-6A-10 Methods of Sale
Status: in_force

(a) If the court orders a sale of heirs property, the court shall order that the sale be conducted by one or more of the following methods of sale: Open market sale with or without a broker or brokers; by sealed bids; public auction; or private sale. The court shall choose a method which shall be more economically advantageous and in the best interest of the cotenants as a group.

(b) If the court orders an open market sale with or without a broker and the parties, not later than 10 days after the entry of the order, agree on a real estate broker or brokers licensed in this state to offer the property for sale, the court shall appoint the broker or brokers and establish terms of the listing agreement. If the parties do not agree on a broker or brokers, the court shall appoint a disinterested real estate broker licensed in this state to offer the property for sale and shall establish reasonable terms. The broker or brokers shall offer the property for sale in a commercially reasonable manner on the terms and conditions established by the court, at a price no lower than the determination of value unless the court orders otherwise for good cause shown.

(c) If, in an open market sale, an offer is obtained to purchase the property for at least the determination of value or the amount ordered by the court and within a reasonable time, not to exceed 180 days:

(1) The broker or seller shall comply with the reporting requirements in Section 35-6A-11; and

(2) The sale may be completed in accordance with state law.

(d) If, in an open market sale, an offer is not obtained to purchase the property within a reasonable time, not to exceed 180 days, for at least the determination of value or the amount ordered by the court, the court after hearing may:

(1) Approve the highest outstanding offer, if any.

(2) Order that the property continue to be offered for an additional time, with or without redetermining the value of the property.

(3) Order that the property be sold by sealed bids or at an auction.

(e) If the court orders a sale by auction, unless the parties otherwise agree or the court for good cause shown orders otherwise, the auction shall be conducted at the front door or main entrance to the courthouse of the county where the land or a substantial and material part thereof is located. The sale shall be held at a time specified by the court between the legal hours of sale of 11 a.m. to 4 p.m. on the day designated for the exercise of the auction to sell heirs property.

(f) If a purchaser is entitled to a share of the net proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds.
Ala. Code § 35-8A-218 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-218
Section 35-8A-218 Termination of Condominium
Status: in_force

(a) Except in the case of a taking of all the units by eminent domain specified in Section 35-8A-107, a condominium may be terminated only by agreement of unit owners of units to which at least 80 percent of the votes in the association are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses.

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

(c) In the case of a condominium containing only units having horizontal boundaries described in the declaration, a termination agreement may provide that all the common elements and units of the condominium shall be sold following termination. If, pursuant to the agreement, any real estate in the condominium is to be sold following termination, the termination agreement must set forth the minimum terms of the sale.

(d) In the case of a condominium containing any units not having horizontal boundaries described in the declaration, a termination agreement may provide for sale of the common elements, but may not require that the units be sold following termination, unless the declaration as originally recorded provided otherwise or unless all the unit owners consent to the sale.

(e) The association, on behalf of the unit owners, may contract for the sale of real estate in the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections (a) and (b). If any real estate in the condominium is to be sold following termination, title to that real estate, upon termination, vests in the association as trustee for the holders of all interests in the units. Thereafter, the association has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the association continues in existence with all powers it had before termination. Proceeds of the sale must be distributed to unit owners and lien holders as their interests may appear, in accordance with subsections (i), (j), and (k). Unless otherwise specified in the termination agreement, as long as the association holds title to the real estate, each unit owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his or her unit. During the period of that occupancy, each unit owner and his or her successors in interest remain liable for all assessments and other obligations imposed on unit owners by this chapter or the declaration.

(f) If the real estate constituting the condominium is not to be sold following termination, title to the common elements and, in a condominium containing only units having horizontal boundaries described in the declaration, title to all the real estate in the condominium, vests in the unit owners upon termination as tenants in common in proportion to their respective interests as provided in subsection (h), and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and his or her successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his or her unit.

(g) Following termination of the condominium, the proceeds of any sale of real estate, together with the assets of the association, are held by the association as trustee for unit owners and holders of liens on the units as their interests may appear.

(h) Following termination, creditors of the association holding liens on the units which were recorded before termination, may enforce those liens in the same manner as any lien holder. All other creditors of the association are to be treated as if they had perfected liens on the units immediately before termination.

(i) The respective interests of unit owners referred to in subsections (e), (f), (g), and (h) are as follows:

(1) Except as provided in subdivision (2), the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one or more independent appraisers selected by the association. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within 30 days after distribution by unit owners of units to which 25 percent of the votes in the association are allocated. The proportion of any unit owner’s interest to that of all unit owners is determined by dividing the fair market value of that unit and common element interest by the total fair market values of all the units and common elements.

(2) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereof before destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.

(j) Except as provided in subsection (k), foreclosure or enforcement of a lien or encumbrance against the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium, other than withdrawable real estate, does not withdraw that portion from the condominium. Foreclosure or enforcement of a lien or encumbrance against withdrawable real estate does not of itself withdraw that real estate from the condominium, but the person taking title thereto has the right to require from the association, upon request, an amendment excluding the real estate from the condominium.

(k) If a lien or encumbrance against a portion of the real estate comprising the condominium has priority over the declaration, and the lien or encumbrance has not been partially released, the parties foreclosing the lien or encumbrance may upon foreclosure, record an instrument excluding the real estate subject to that lien or encumbrance from the condominium.
Ala. Code § 35-9-5 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-5
Section 35-9-5 Notice to Terminate Tenancy for Term Less Than One Year
Status: in_force

In all cases of tenancy by the month or for any other term less than one year, where the tenant holds over without special agreement, the landlord shall have the right to terminate the tenancy by giving the tenant 10 days’ notice in writing of such termination, and the landlord upon giving said notice for said time shall be authorized without further notice to the tenant to recover possession of the rented premises in an action of unlawful detainer.
Ala. Code § 35-12-38 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-38
Section 35-12-38 Sale of Abandoned Property or Securities; Presentation of Matured Bonds for Payment; Publication of Notice
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-4-295 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-295
Section 35-4-295 Requirements for Disposition by Devise or Will
Status: in_force

When a power to dispose of lands is confined to a disposition by devise or will, the instrument of execution must be by will, duly executed as wills of real estate are required by law.
Ala. Code § 35-8A-102 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-102
Section 35-8A-102 Applicability
Status: in_force

(a) This chapter applies to all condominiums created within this state after January 1, 1991. Sections 35-8A-104 (Variation by agreement), 35-8A-105 (Separate titles and taxation), 35-8A-106 (Applicability of local ordinances, regulations, and building codes), 35-8A-107 (Eminent domain), 35-8A-203 (Construction and validity of declaration and bylaws), 35-8A-204 (Description of units), 35-8A-302(a)(1) through (a)(6) and (a)(11) through (a)(16) (Powers of unit owners’ association), 35-8A-311 (Tort and contract liability), 35-8A-316 (Lien for assessments), 35-8A-318 (Association records), 35-8A-409 (Resales of units), and 35-8A-417 (Substantial completion of units), and Section 35-8A-103 (Definitions), to the extent necessary in construing any of those sections, apply to all condominiums created in this state before January 1, 1991; but those sections apply only with respect to events and circumstances occurring after January 1, 1991, and do not invalidate existing provisions of the declaration, bylaws, plats or plans of those condominiums.

(b) The provisions of Sections 35-8-1 through 35-8-22 do not apply to condominiums created after January 1, 1991, unless the declaration so provides in the case of a condominium containing four or fewer units and do not invalidate any amendment to the declaration, bylaws, plats, or plans of any condominium created before January 1, 1991, if the amendment would be permitted by this chapter. The amendment must be adopted in conformity with the procedures and requirements specified by those instruments and by Sections 35-8-1 through 35-8-22. If the amendment grants to any person any rights, powers, or privileges permitted by this chapter, all correlative obligations, liabilities, and restrictions in this chapter also apply to that person.

(c) This chapter does not apply to condominiums or units located outside this state, but the offering statement provisions (Sections 35-8A-402 through 35-8A-408) apply to all contracts for the disposition thereof signed by a resident of this state unless: (i) the transaction is exempt under Section 35-8A-401(b); (ii) the transaction is exempt pursuant to Section 35-8A-407; or (iii) the state in which the condominium is located has statutory disclosure requirements and all terms thereof have been met.

(d) If a condominium contains no more than four units and is not subject to any development rights, the condominium may be created pursuant to this chapter or pursuant to Sections 35-8-1 to 35-8-22, inclusive, and the declaration of condominium shall declare the chapter that shall govern the condominium.
Ala. Code § 35-4-255 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-255
Section 35-4-255 Trust Concerning Lands Required to Be in Writing
Status: in_force

Transferred to Section 19-3B-1301 effective January 1, 2007
Ala. Code § 35-6A-8 — Alabama Code / Title 35 / Chapter 6A / Section 35-6A-8
Section 35-6A-8 Partition in Kind - Circumstances
Status: in_force

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 35-6A-7, or, if after conclusion of the buyout under Section 35-6A-7, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 35-6A-9, finds that partition in kind will result in great prejudice to the cotenants. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

(b) If the court does not order partition in kind under subsection (a), the court shall order partition by sale pursuant to Section 35-6A-10 or, if no cotenant requested partition by sale, the court shall dismiss the action.

(c) If the court orders partition in kind pursuant to subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to Section 35-6A-7, a part of the property or value of the property representing the combined interests of these cotenants as determined by the court.
Ala. Code § 35-12-22 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-22
Section 35-12-22 Property Held by Banking or Financial Organizations or Business Associations
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-11-72 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-72
Section 35-11-72 Lien of Landlord on Stock Raised on Rented Premises
Status: in_force

(a) Owners of land, or their assignees, shall have a lien upon all livestock raised, grown, or grazed upon rented land for the rent of said land for the current year, and which shall be paramount to all other liens. The lien shall exist only when the land is leased or rented or used for pasturing or grazing purposes.

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

(1) When such claim is due and the defendant upon demand fails or refuses to pay the same;

(2) Whether such claim is due or not when the defendant has removed any part of such stock from such land without the consent of the landlord without paying the rent, or if the claim has been assigned without the consent of the assignees;

(3) Whether such claim is due or not, when the plaintiff has good cause to believe that the defendant is about to remove any part of such stock from the land without paying the rent and without the consent of the owner of such land or the assignee, if the claim has been assigned.
Ala. Code § 35-11-232 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-232
Section 35-11-232 “Owner or Proprietor” Defined
Status: in_force

Every person, including cestuis que trust, for whose use, benefit, or enjoyment any building or improvement shall be made, is embraced within the words “owner or proprietor, ” as used in this division.
Ala. Code § 35-20-9 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-9
Section 35-20-9 Notice of Election
Status: in_force

(a) Within 120 days of the date the members have the right to elect a board of directors pursuant to the declaration or other governing documents of the association to elect a board of directors, the declarant shall give written notice pursuant to Section 10A-3-2.03 of a special meeting of the membership for the purpose of electing a board of directors.

(b) In addition to the notice required under Section 10A-3-2.03, the notice under subsection (a) shall also satisfy the following:

(1) State that the purpose of the meeting is the election of a board of directors pursuant to the declaration and the governing documents of the association.

(2) Provide for nominations of candidates for election to the board of directors at the meeting on the written consent of at least 10 percent of the membership, unless otherwise provided in the governing documents.

(3) State the names of all existing directors and the names of the directors who may continue to serve as directors.
Ala. Code § 35-13-9 — Alabama Code / Title 35 / Chapter 13 / Section 35-13-9
Section 35-13-9 Liability for Concealment or Destruction, Etc
Status: in_force

If any person conceals, destroys, injures, obliterates, or defaces any mark, or disposes of, or carries beyond the state any property taken up adrift, before the expiration of the time allowed by this chapter for the owner to prove his property, he is liable to such owner to the extent of the injury he may sustain thereby.
Ala. Code § 35-9A-162 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-162
Section 35-9A-162 Effect of Unsigned or Undelivered Rental Agreement
Status: in_force

(a) If a landlord does not sign and deliver a written rental agreement signed and delivered to the landlord by the tenant, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord.

(b) If a tenant does not sign and deliver a written rental agreement signed and delivered to the tenant by the landlord, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.

(c) If a rental agreement given effect by the operation of this section provides for a term longer than one year, it is effective for only one year.
Ala. Code § 35-4-7 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-7
Section 35-4-7 Survivorship Between Joint Tenants
Status: in_force

When one joint tenant dies before the severance, his interest does not survive to the other joint tenants but descends and vests as if his interest had been severed and ascertained; provided, that in the event it is stated in the instrument creating such tenancy that such tenancy is with right of survivorship or other words used therein showing such intention, then, upon the death of one joint tenant, his interest shall pass to the surviving joint tenant or tenants according to the intent of such instrument. This shall include those instruments of conveyance in which the grantor conveys to himself and one or more other persons and in which instruments it clearly appears that the intent is to create such a survivorship between joint tenants as is herein contemplated.
Ala. Code § 35-11-224 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-224
Section 35-11-224 Issues; Finding or Verdict; Judgment Generally
Status: in_force

Any defendant, by appropriate plea, may put in issue the fact of indebtedness or the existence of the lien, or both, and may interpose any other defense applicable to the action; and if the court by its finding, or the jury by their verdict, as the case may be, ascertain that the plaintiff has a lien as claimed, judgment shall be entered for the amount secured thereby, interest and costs, against the party liable for the same, and establishing the lien, and condemning the property to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof as in other cases.
Ala. Code § 35-9-62 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-62
Section 35-9-62 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 the rent, that one of the causes for issuing an attachment prescribed in Section 35-9-61 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, payable to the defendant, with sufficient surety, 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 § 35-4-302 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-302
Section 35-4-302 Release of Powers
Status: in_force

(a) Any power which is exercisable by deed, by will, by deed or will, or otherwise, whether general or special, other than a power in trust which is imperative, is releasable, either with or without consideration, by written instrument signed by the grantee and delivered as provided in this section.

(b) A power which is releasable may be released with respect to the whole or any part of the property subject to such power and may also be released in such manner as to reduce or limit the persons or objects, or classes of persons or objects, in whose favor such power would otherwise be exercisable. No release of a power shall be deemed to make imperative a power which was not imperative prior to such release unless the instrument of release expressly so provides.

(c) Such release may be delivered to any of the following:

(1) Any person specified for such purpose in the instrument creating the power.

(2) Any trustee of the property to which the power relates.

(3) Any person, other than the grantee, who could be adversely affected by an exercise of the power.

(4) The judge of probate of the county in which the grantee resides or has a place of business or in which the deed, will, or other instrument creating the power is filed, for recording as provided by law with reference to the recording of deeds.

(d) This section shall apply to releases hereafter delivered and also to releases delivered heretofore but on or after July 1, 1942.
Ala. Code § 35-8-16 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-16
Section 35-8-16 Liens Against Condominium Property Generally
Status: in_force

(a) Except as otherwise provided in Section 35-8-18, subsequent to recording the declaration as provided in this chapter and while the property remains subject to this chapter, no lien shall arise or be effective against the condominium property as a whole. During such period, liens or encumbrances shall arise or be created only against each unit in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership; provided, that no labor performed or materials furnished with the consent or at the request of a unit owner or his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the unit or any other property of any other unit owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any unit in the case of emergency repairs thereto. Labor performed or materials furnished for the common elements and limited common elements, if duly authorized by the association in accordance with this chapter, the declaration, or bylaws, shall be deemed to be performed or furnished with the express consent of each unit owner benefited by such labor or materials and shall be the basis for the filing of a lien pursuant to the lien laws against each of the units so benefited and shall be subject to the provisions of subsection (b) of this section.

(b) In the event a lien against two or more units becomes effective, the owner of each separate unit may remove his unit from the lien and obtain a discharge and satisfaction by payment of the proportion thereof attributable to such unit. The proportion so attributable to each unit subject to the lien shall be the proportion in which all units subject to the lien share among themselves in liability for common expenses or limited common expenses as appropriate. Subsequent to any such payment, the lien on such unit shall be discharged or otherwise satisfied of record, and the unit shall thereafter be free and clear of such lien. Such partial payment discharge and satisfaction shall not prevent the lienor from proceeding to enforce his rights against any other unit not so paid, satisfied, or discharged.
Ala. Code § 35-4-138 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-138
Section 35-4-138 Fees for Recording Notice
Status: in_force

The judge of probate, for the services required of him, shall receive a fee of $.15 for each 100 words for recording such notice, which fee shall be paid by the person filing the same.
Ala. Code § 35-4-393 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-393
Section 35-4-393 Settlement of Dispute as to Certain Property in Mobile County Conveyed to University of South Alabama Foundation by University of South Alabama
Status: in_force

(a) WHEREAS, on December 13, 1982, the state issued to the university a patent to certain lands in Mobile County, herein called “the patent,” covering the following described property in Mobile County, Alabama, to wit:

Beginning at Alabama West Zone Coordinates Y = 118,606.82; X = 296,291.22 which point is on or near the intersection of the North line of Section 26, Township 8 South, Range 2 West and the East Shore line of Heron Bay, thence run North 77 degrees 54 minutes 52 seconds West a distance of 3883.84 feet to a point on the South shore line of Mon Louis Island, (Y = 119,419.98; X = 292,493.47) thence run due South a distance of 20,071.04 feet to coordinates Y = 99,348.94; X = 292,493.47 which point is in the Mississippi Sound, thence run North 79 degrees - 40 minutes - 28 seconds East a distance of 7805.85 feet to coordinates Y = 100,748.05; X = 300,172.90 which point is in the Mississippi Sound, thence run North 26 degrees - 35 minutes - 34 seconds East a distance of 4,273.18 feet to coordinates Y = 104,569.17; X = 302,085.78 which point is on the center line of Dauphin Island Bridge (Alabama Highway No. 163) at station 106 + 53.04, thence run South 67 degrees - 50 minutes - 12 seconds East a distance of 2358.05 feet to point No. L-D-3 as shown on the plat of Harbor Lines, Dauphin Island and Little Dauphin Island as recorded in Real Property Book 617, Page 610, in the Office of the Judge of Probate of Mobile County, Alabama, thence run South 53 degrees - 14 minutes - 12 seconds East along the Harbor Line of Little Dauphin Island a distance of 12,522.99 feet to coordinates Y = 96,184.54; X = 314,302.02 which point is in Mobile Bay, thence run due North a distance of 8815.46 feet to coordinates Y = 105,000.00; X = 314,302.02 which point is in Mobile Bay, thence run due West a distance of 7151.01 feet to coordinates Y = 105,000.00; X = 307,151.01 which point is in Mobile Bay, thence run due North a distance of 15,000.00 feet to coordinates Y = 120,000.00; X = 307,151.01, which point is in Mobile Bay, thence run due East a distance of 834.76 feet to coordinates Y = 120,000.00; X = 307,985.77, which point is in Mobile Bay, thence run due North a distance of 5945.61 feet to coordinates Y = 125,945.61; X = 307,985.77, which point is in Mobile Bay, thence run due West a distance of 4646.75 feet to a point on the West shore line of Mobile Bay and the East shore line of Mon Louis Island (Y = 125,945.61; X = 303,339.02) thence run Southwestwardly along the meanders of said East shore line of Mon Louis Island to coordinates Y = 120,000.00; X = 300,000.00, (chord bears South 29 degrees - 19 minutes - 06 seconds West a distance of 6819.04 feet) thence continue Southwestwardly along the meanders of the East shore line of Mon Louis Island to coordinates Y = 113,374.12; X = 298,664.12, which point is on station 11 + 69 more or less on the Northwest corner of Dauphin Island Bridge at Cedar Point (Alabama Highway No. 163) (chord bears South 11 degrees 23 minutes 56 seconds West a distance of 6759.21 feet) thence run Northwestwardly along the meanders of the West shore line of Cedar Point (Mon Louis Island) to coordinates Y = 116,364.22; X = 296,862.69 (chord bears North 31 degrees - 04 minutes - 03 seconds West a distance of 3490.82 feet) thence continue Northwestwardly along the meanders of said Cedar Point (Mon Louis Island) to the point of beginning (Y = 118,606.82; X = 296,291.22) chord bears North 14 degrees - 17 minutes - 45 seconds West a distance of 2314.27 feet) containing 7,664 acres more or less

and which lands are hereinafter referred to as “the subject property”; and

WHEREAS, by conveyance, the university on July 11, 1983, transferred and conveyed to the foundation all of its right, title, claim, or interest in the subject property arising under the patent; and

WHEREAS, the Legislature then passed an act attempting to void the patent; and

WHEREAS, the foundation then filed suit to have that act declared void as unconstitutional under the United States and Alabama Constitutions; and

WHEREAS, the state has heretofore disputed the validity of the patent, and, by reason of such dispute, the university and the foundation have heretofore commenced certain legal proceedings seeking to quiet title to the subject property in the foundation, and seeking other relief, which proceedings are presently pending in the Supreme Court of Alabama as Case No. 83-1405, and in the United States District Court for the Southern District of Alabama, Southern Division, as Cases Nos. 83-1218-H and 83-1397-H, all of which are herein sometimes called the “pending cases”; and

WHEREAS, on June 11, 1984, the Circuit Court of Montgomery County, Alabama, entered a judgment in Case No. CV 83-1242 declaring the patent to be null and void; and

WHEREAS, the foundation within the time permitted by law filed an appeal from the said judgment in the Circuit Court of Montgomery County to the Supreme Court of Alabama which such appeal (Case No. 83-1405) is presently pending before and unresolved by the Supreme Court of Alabama; and

WHEREAS, the foundation continues to claim that it is the owner of certain property rights or interests in the subject property arising from the patent, and the state continues to claim that the patent is void and of no effect; and

WHEREAS, the state has acknowledged that the decisions which may result from the said appeal, now pending before the Supreme Court of Alabama and from the two actions presently pending in the United States District Court for the Southern District of Alabama, above described, cannot presently be predicted with certainty; and

WHEREAS, the university and the foundation wish to make provision for the conclusion of all litigation relating to the validity of the patent and other issues surrounding the subject property, and to resolve all disputes relating thereto and, at the earliest possible date, to make the subject property available for leasing for the purpose of exploration for and production of oil, gas, and hydrocarbon minerals:

It is the intent of the Legislature by the adoption of this section that the State of Alabama, by and through the Governor of the state, shall forthwith conclude by settlement all pending litigation between and among the State of Alabama, the University of South Alabama, and the University of South Alabama Foundation, and all issues related thereto.

(b) As an inducement to such settlement, the University of South Alabama Foundation may be allowed to retain such a right in the subject property as will authorize it to receive, directly from any lessee thereof, a percentage of the proceeds or revenues from oil, gas, or other hydrocarbon mineral leases, bonuses, delay rentals, and royalties, which may arise from or be generated by the subject property.

(c) The Governor of the State of Alabama is hereby authorized and empowered to take all steps on behalf of the State of Alabama to conclude by settlement all pending cases involving directly or indirectly the validity of the patent, wherein the University of South Alabama, and the University of South Alabama Foundation are parties litigant, provided, however, (1) that in no case shall the foundation be allowed to retain a right in the said oil, gas, or other hydrocarbon mineral proceeds or revenues from the subject property in excess of a net of 28.5 percent, and (2) that upon such settlement, all right, title, claim, or interest in and to the subject property, under the patent, except the right herein authorized to be retained by the Foundation, shall be transferred and conveyed by the University of South Alabama and the University of South Alabama Foundation to the State of Alabama.
Ala. Code § 35-6-100 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-100
Section 35-6-100 Court to Provide for Purchase of Filing Joint Owners’ Interests; Notice by Prospective Purchasers
Status: in_force

Upon the filing of any petition for a sale for division of any property, real or personal, held by joint owners or tenants in common, the court shall provide for the purchase of the interests of the joint owners or tenants in common filing for the petition or any others named therein who agree to the sale by the other joint owners or tenants in common or any one of them. Provided that the joint owners or tenants in common interested in purchasing such interests shall notify the court of same not later than 10 days prior to the date set for trial of the case and shall be allowed to purchase whether default has been entered against them or not.
Ala. Code § 35-2-81 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-81
Section 35-2-81 Approval of County Engineer; Recordation by Probate Judge Without Fee; Use After Recordation
Status: in_force

Before being recorded, all such photographs or maps must have been presented to the county engineer of the county where the land area represented is located. Upon his being satisfied as to the purpose of the recording of such map or photograph and as to the information inscribed thereon, he shall note his approval and affix thereto his signature. This procedure shall constitute all the requirements necessary for recording; and, after the approval of the county engineer, the map or photograph shall be received and recorded by the appropriate probate judge without any charge or fee. After recording, such maps or photographs may be lawfully used as references in easements or other instruments of conveyance.
Ala. Code § 35-11-210 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-210
Section 35-11-210 Lien Declared
Status: in_force

Every mechanic, person, firm, or corporation who shall do or perform any work, or labor upon, or furnish any material, fixture, engine, boiler, waste disposal services and equipment, or machinery 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 or her agent, architect, trustee, contractor, or subcontractor, upon complying with the provisions of this division, shall have a lien therefor on such building or improvements and on the land on which the same is situated, to the extent in ownership of all the right, title, and interest therein of the owner or proprietor, and to the extent in area of the entire lot or parcel of land in a city or town; or, if not in a city or town, of one acre in addition to the land upon which the building or improvement is situated; or, if employees of the contractor or persons furnishing material to him or her, the lien shall extend only to the amount of any unpaid balance due the contractor by the owner or proprietor, and the employees and materialmen shall also have a lien on the unpaid balance. But if the person, firm, or corporation, before furnishing any material, shall notify the owner or his or her agent in writing that certain specified material will be furnished by him or her to the contractor or subcontractor for use in the building or improvements on the land of the owner or proprietor at certain specified prices, unless the owner or proprietor or his or her agent objects thereto, the furnisher of the material shall have a lien for the full price thereof as specified in the notice to the owner or proprietor without regard to whether or not the amount of the claim for the material so furnished exceeds the unpaid balance due the contractor, unless on the notice herein provided for being given, the owner or proprietor or his or her agent shall notify the furnisher in writing before the material is used, that he or she will not be responsible for the price thereof. The notice may be given in the following form, which shall be sufficient:

“To __________, owner or proprietor:

“Take notice, that the undersigned is about to furnish __________, your contractor or subcontractor, certain material for the construction, or for the repairing, altering, or beautifying of a building or buildings, or improvement or improvements, on the following described property:

______________________________________________

______________________________________________

and there will become due to the undersigned on account thereof the price of the material, for the payment of which the undersigned will claim a lien.”
Ala. Code § 35-6-84 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-84
Section 35-6-84 Contest by Custodian and Next of Kin
Status: in_force

The person in whose custody such ward is must be cited, and the next of kin so cited may also appear at such hearing and contest the confirmation of such sale.
Ala. Code § 35-12-24.1 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-24.1
Section 35-12-24.1 Exemptions
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-2-2 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-2
Section 35-2-2 Designation of System in Land Description
Status: in_force

As established for use in the east zone, the Alabama coordinate system shall be named, and in any land description in which it is used it shall be designated, the “Alabama coordinate system, east zone.” As established for use in the west zone, the Alabama coordinate system shall be named, and in any land description in which it is used it shall be designated, the “Alabama coordinate system, west zone.”
Ala. Code § 35-9A-405 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-405
Section 35-9A-405 Counterclaims for Action for Possession or Rent
Status: in_force

(a) In an action for possession or in an action for rent when the tenant is in possession, the tenant may counterclaim for any amount the tenant may recover under the rental agreement or this chapter. It is in the court’s discretion whether the tenant is to remain in possession. The tenant shall pay into court rent accrued and thereafter accruing as it comes due. The court shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party. If no rent remains due after application of this section, judgment shall be entered for the tenant in the action for possession. If the defense or counterclaim by the tenant is without merit and is not raised in good faith, the landlord may recover reasonable attorney’s fees.

(b) In an action for rent when the tenant is not in possession, the tenant may counterclaim as provided in subsection (a) but is not required to pay any rent into court.
Ala. Code § 35-19-7 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-7
Section 35-19-7 To Whom Copies Must Be Provided
Status: in_force

(a) A copy of an environmental covenant shall be provided by the persons and in the manner required by the agency to each of the following persons or entities:

(1) Each person that signed the covenant.

(2) Each person holding a recorded interest in the real property subject to the covenant.

(3) Each person in possession of the real property subject to the covenant.

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

(5) Any other person the agency requires.

(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
Ala. Code § 35-9A-424 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-424
Section 35-9A-424 Waiver of Landlord’s Right to Terminate
Status: in_force

Acceptance of rent with knowledge of a default by the tenant or acceptance of performance by the tenant that varies from the terms of the rental agreement constitutes a waiver of the landlord’s right to terminate the rental agreement for that breach, unless otherwise agreed after the breach has occurred.
Ala. Code § 35-15-25 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-25
Section 35-15-25 Duty of Care by Persons Using Outdoor Recreational Land
Status: in_force

Nothing in this article shall be construed to relieve any person using outdoor recreational land open for non-commercial public recreational use from any obligation which such person may have in the absence of this article to exercise care in the use of such land and in the activities thereon, or from legal consequences of failure to employ such care.
Ala. Code § 35-2-33 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-33
Section 35-2-33 Furnishing Copies of Records; Admissibility of Division Records in Court Proceedings
Status: in_force

On request of the chief of the division of land surveys, all probate judges or other recorders of deeds, mortgages, or other instruments dealing with any interest in real property, together with all departments, boards, or agencies of state government, county or city government shall furnish to the division of land surveys certified copies of desired records which are in their custody. This service shall be free of cost when possible; otherwise it shall be at actual cost of reproduction of the records. On the same basis of cost, the division shall furnish records within its custody to other agencies or departments of state, county, or city, certifying them. Copies of records of the division, when so certified by the chief of the division, shall be admitted in evidence, without further identification, in any court proceeding in the state if the substance of the record is properly admissible in the proceeding.
Ala. Code § 35-2-56 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-56
Section 35-2-56 Mutilated, Lost, or Mislaid Maps or Plats
Status: in_force

Where land has been divided into lots, and the map or plat thereof mutilated, lost, or mislaid, and a part or all of the lots indicated therein have been sold, the owner thereof may cause a new survey to be made and a plat or map to be made therefrom, or reproduce the one mutilated, lost, or mislaid, from a survey already made, which new plat or map, if certified, acknowledged and recorded as required by law, shall have the same effect in all respects as a plat or map recorded under Section 35-2-50 and may be vacated in the same manner and under the same conditions as plats or maps may be vacated.
Ala. Code § 35-4-24 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-24
Section 35-4-24 Acknowledgment - Officers Authorized to Take in This State
Status: in_force

Acknowledgments and proofs of conveyances may be taken by the following officers within this state: Judges of the Supreme Court, the Court of Civil Appeals, the Court of Criminal Appeals, circuit courts and district courts, and the clerks of such courts; registers of the circuit court, judges of the court of probate, and notaries public.
Ala. Code § 35-4-152 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-152
Section 35-4-152 Grantors, Etc., May Be Made Parties Defendant
Status: in_force

The grantors in any number of conveyances in the chain of title of the complainant may be made parties defendant to the civil action for the reformation of the description in any one or more of such conveyances, and the joining of the grantors in several conveyances in the chain of title shall not make the complaint multifarious or objectionable by reason of the misjoinder of parties defendant.
Ala. Code § 35-4-133 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-133
Section 35-4-133 Notices to Be Recorded in Full; Indorsement on Original
Status: in_force

Any notice filed with the judge of probate under this article shall be recorded in such record in full, and the original of such notice shall bear the indorsement of the time of filing for record and the book and page wherein such notice is recorded.
Ala. Code § 35-5A-18 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-18
Section 35-5A-18 Claims Against Custodial Property; Personal Liability of Custodian and Minor
Status: in_force

(a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.

(b) A custodian is not personally liable:

(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or

(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.

(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
Ala. Code § 35-11-330 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-330
Section 35-11-330 Lien Declared
Status: in_force

The owner of every stallion, jack, bull, ram, he-goat, or boar, who keeps it for profit and charges a price for the service thereof, shall have a lien, for the amount of the stipulated price thereof, on any mare, jenny, cow, ewe, she-goat, or sow, to which such stallion, jack, bull, ram, he-goat, or boar is put, and also on the colt, calf, lambs, kids, or pigs born next after such service or contract therefor, and such lien shall be paramount to, and have precedence over, all other liens on the colt, calf, lambs, kids, or pigs born next after such service, and within the proper period of gestation.
Ala. Code § 35-2-82 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-82
Section 35-2-82 Article Cumulative
Status: in_force

This article is cumulative.
Ala. Code § 35-11-40 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-40
Section 35-11-40 Filing of Notice of Lien
Status: reserved

Repealed by Acts 1989, No. 89-948, p. 1868.
Ala. Code § 35-6-20 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-20
Section 35-6-20 Jurisdiction of Circuit Court to Divide or Sell for Division
Status: in_force

The circuit court shall have original jurisdiction to divide or partition, or sell for partition, any property, real or personal, held by joint owners or tenants in common; whether the defendant denies the title of plaintiff or sets up adverse possession or not; and the court in exercising its jurisdiction shall proceed according to the Alabama Rules of Civil Procedure and, where necessary, allow service of process by publication as prescribed therein.
Ala. Code § 35-8A-308 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-308
Section 35-8A-308 Meetings
Status: in_force

A meeting of the association must be held at least once each year. Special meetings of the association may be called by the president, a majority of the board or by unit owners having 20 percent, or any lower percentage specified in the bylaws, of the votes in the association. Not less than 10 nor more than 60 days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove an officer or a member of the board.
Ala. Code § 35-4-132 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-132
Section 35-4-132 Notice of Levy
Status: in_force

When a sheriff, constable, United States marshal, or other officer shall levy upon land by virtue of any process, he shall file with the judge of probate of each county where the land or any party thereof is situated a notice of the levy, showing the names of the parties to the proceeding, the kind of process, and a description of the land levied on. The judge of probate shall file and record and note upon the notice and record as in Section 35-4-131.
Ala. Code § 35-9-64 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-64
Section 35-9-64 Law Governing Proceedings
Status: in_force

The law governing the issue, levy, trial, and other proceedings in attachment proceedings in general, not inconsistent with the provisions of this division, shall govern in all cases arising under this division.
Ala. Code § 35-6-64 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-64
Section 35-6-64 Sale Instead of Partition - Completion of Sale by Substitute Commissioner
Status: in_force

If the commissioner dies, resigns or neglects or refuses to act, at any time before the sale, another may be substituted in his stead by the court, who shall have the same power in completing the sale as if originally appointed.
Ala. Code § 35-9-39 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-39
Section 35-9-39 Levy Upon Crop of Subtenant
Status: in_force

When lands are cultivated by a subtenant, and an attachment or other process is sued out by the superior landlord, or his assignee, for the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant in chief must first be exhausted, before levy is made on the crop of the subtenant; but if the tenant in chief makes no crop, or if the crop made by him is not sufficient to satisfy the plaintiff’s demand, then a sufficient amount of the crop of the subtenant may be levied on to supply the deficiency; and any levy made in violation of this section may be vacated on motion, at the first session of the court thereafter.
Ala. Code § 35-12-39 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-39
Section 35-12-39 Deposit of Funds
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-9-63 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-63
Section 35-9-63 Property Leviable; Priority of Lien
Status: in_force

Such attachment may be levied on so much of the goods, furniture and effects of the tenant as will satisfy the plaintiff’s demand for rent; and such levy shall have priority over the levy of any other attachment on such goods, furniture, and effects in favor of any other creditor.
Ala. Code § 35-4-74 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-74
Section 35-4-74 Necessity for Including Plat or Description of Plat Book, Etc.; Probate Judge Not Liable for Good Faith Error
Status: in_force

(a) No instrument, other than a will, purporting to create or transfer any interest in land shall be accepted for record by a probate judge if such instrument describes the land in which such interest is to be created or transferred by reference to a plat and the plat is not attached to and made a part of the instrument or the instrument does not describe the plat book and the office in which such plat book is to be found and there is no description of the land by metes and bounds; provided, that this section shall apply only to instruments executed subsequent to July 21, 1972; provided further, that where, prior to July 21, 1972, any person has received a conveyance of land, or any interest therein, in which the land is described by reference to a plat which is not recorded and which is not available to him, this section shall not apply if the grantor or mortgagor recites in any instrument executed after July 21, 1972, that the plat is lost, destroyed, or unavailable for recording.

(b) A probate judge shall not be liable in damages or for a penalty for any error or mistake in the performance of his duties under this section if committed in good faith.
Ala. Code § 35-9A-426 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-426
Section 35-9A-426 Remedy After Termination
Status: in_force

If a rental agreement is terminated, the landlord has a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement and reasonable attorney’s fees.
Ala. Code § 35-4-290 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-290
Section 35-4-290 Reservation of Power by Grantor
Status: in_force

(a) The grantor, in any conveyance, may reserve to himself any power beneficial, or in trust, which he may lawfully grant to another.

(b) When the grantor in any conveyance reserves to himself, for his own benefit, an absolute power of revocation, such grantor must be taken as the absolute owner of the estate conveyed, as to the rights of creditors and purchasers.
Ala. Code § 35-4-113 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-113
Section 35-4-113 Form
Status: in_force

An instrument will be in compliance with this division if it contains a statement in the following form: “This instrument was prepared by (Name) ____ Address) ____.”
Ala. Code § 35-11-372 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-372
Section 35-11-372 Release or Satisfaction
Status: in_force

(a) During the period of time allowed by Section 35-11-371 for perfecting the lien, including that period of time during which the hospital is awaiting payment or denial by the patient’s health care payor, and also after the lien provided for by this division has been perfected by any lienholder entitled thereto, no release or satisfaction of any action, claim, counterclaim, demand, judgment, settlement, or settlement agreement, or of any of them, shall be valid or effectual as against the lien unless the lienholder shall join therein or execute a release of the lien.

(b) Any acceptance of a release or satisfaction of any action, claim, counterclaim, demand, or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this division shall prima facie constitute an impairment of the lien, and the lienholder shall be entitled to a civil action for damages on account of the impairment, and in the action may recover from the one accepting the release or satisfaction or making the settlement the reasonable charges for the hospital care, treatment, and maintenance. Satisfaction of any judgment rendered in favor of the lienholder in any action shall operate as a satisfaction of the lien. Any action by the lienholder shall be brought in any court having jurisdiction thereof and may be brought and maintained in the county wherein the lienholder has his or her, its, or their residence or place of business. If the lienholder shall prevail in the action, the lienholder shall be entitled to recover from the defendant, costs and reasonable attorney’s fees. The action shall be commenced against the person liable for the damages within one year after the date the liability shall be finally determined by a settlement release covenant not to sue or by the judgment of a court of competent jurisdiction.
Ala. Code § 35-12A-2 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-2
Section 35-12A-2 Sale of Manufactured Dwelling
Status: in_force

A manufactured dwelling community owner may sell a manufactured dwelling on property owned or leased by the manufactured dwelling community owner only in the manner provided by this chapter.
Ala. Code § 35-19-13 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-13
Section 35-19-13 Regulations; Fees
Status: in_force

The department is authorized to adopt regulations and assess fees to implement provisions of this chapter.
Ala. Code § 35-4-305 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-305
Section 35-4-305 Special and Beneficial Powers Liable to Claims of Creditors
Status: in_force

Every special and beneficial power is liable to the claims of creditors, and the execution of the same may be ordered for their benefit.
Ala. Code § 35-12-90 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-90
Section 35-12-90 Retention of Records
Status: in_force

(a) Except as otherwise provided in subsection (b), a holder required to file a report under Section 35-12-76 shall maintain the records containing the information required to be included in the report for 10 years after the holder files the report, unless a shorter period is provided by rule of the Treasurer.

(b) A business association or financial organization that sells, issues, or provides to others for sale or issue in this state, traveler’s checks, money orders, or similar instruments other than third-party bank checks, on which the business association or financial organization is directly liable, shall maintain a record of the instruments while they remain outstanding, indicating the state and date of issue, for three years after the holder files the report.
Ala. Code § 35-5A-9 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-9
Section 35-5A-9 Receipt and Discharge for Transfer of Custodial Property
Status: in_force

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter. An acknowledgment of delivery by a custodian, who believes in good faith that the transfer does not exceed the limitations on value prescribed in Sections 35-5A-7(c) and 35-5A-8(c), is a sufficient receipt and discharge in accordance with this section, even though the values may subsequently be determined to exceed the value limitations.
Ala. Code § 35-20-12 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-12
Section 35-20-12 Liens for Unpaid Assessments
Status: in_force

(a) Except as may be otherwise provided in the declaration or the governing documents of an association, an association shall have, and there is declared, a lien on every lot for unpaid assessments levied against that lot arising on and from the date the assessment is due as fixed and determined by the board of directors at an annual meeting after giving notice as provided in Chapter 3 of Title 10A. The lien may be enforced or foreclosed as provided in the declaration or governing documents or as provided in this section. Written notice of the assessment and lien shall be given to the owner of any lot on which the assessment and lien is claimed by personal delivery or first class United States mail, postage prepaid.

(b) A lien declared by this section shall have priority, except as may be otherwise provided in Chapters 4 and 11, over all other subsequent liens and encumbrances except state and county ad valorem taxes, municipal improvement assessments, UCC fixture filings, mortgages, and deeds of trust securing an indebtedness.

(c) The association, within 12 months from the date any assessment becomes due, shall record a statement of lien verified by an officer or director of the association having personal knowledge of the facts in the office of the judge of probate of the county in which a lot subject to the assessment is located, which shall contain all of the following:

(1) A description of the lot on which the lien is claimed.

(2) The name of the association claiming the lien.

(3) The name of the owner or owners of the lot on which the lien is claimed.

(4) The amount of any unpaid assessments together with the date of the assessments.

(5) The amount of any other interests and costs claimed by the association.

(d) At least 30 days prior to recording a statement of lien, the association shall give written notice by certified mail to the owner of the lot or other person obligated for the lien, as shown on the books and records of the association, that the statement will be recorded in the office of the judge of probate.

(e) An association may bring an action in a court having jurisdiction to enforce a lien declared in this section in the county where the lot is located by filing a verified complaint, attaching a copy of the statement of the lien, alleging those facts showing it is entitled to a lien for the claimed unpaid assessment in accordance with the Alabama Rules of Civil Procedure.

(f) The court in which the action is pending may enforce the lien by a sale of the property after the giving of notice. Notice of a sale shall be given in the county where the lot is located. Notice of all sales under this subsection shall be given by publication once a week for three successive weeks in a newspaper published in the county or counties in which the lot is located. If the lot is located in more than one county, publication shall be made in all counties where the lot is located. The notice of sale must give the time, place, and terms of the sale, together with the description of the lot. If no newspaper is published in the county where the lot is located, the notice must be placed in a newspaper published in an adjoining county for three successive weeks.
Ala. Code § 35-6-116 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-116
Section 35-6-116 Sale by Sheriff; Distribution of Proceeds by Probate Judge
Status: in_force

If the crops are ordered sold, the judge of probate must forthwith issue a writ, directed to the sheriff, commanding him to sell such crops for division, at a place to be designated in the decree and writ; and thereupon the sheriff must proceed to advertise and sell such crops at the place designated, in the same manner as he is required to advertise and sell personal property under execution issuing from the circuit court; and after making the sale, he shall forthwith make due return, and pay over the proceeds thereof to the judge of probate, who shall distribute the same among the parties according to their respective interests. If a forthcoming bond has not been executed under section 35-6-114 and the sheriff is not in possession of the crops, he shall seize the same for the purpose of making a sale thereof, if in the hands of any of the parties to the proceedings.
Ala. Code § 35-20-10 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-10
Section 35-20-10 Delivery of Certain Information to the Board Upon Election
Status: in_force

Within 90 days of the selection of the board of directors of the association as provided in Section 35-20-9, the declarant, or his or her designee, shall deliver to the board of directors all of the following:

(1) All books, records, and governing documents of the association in the possession of the declarant, or any person or entity under the declarant’s control.

(2) All records of any outstanding and unpaid assessments.

(3) Any contracts of the association with any third parties respecting the operation of the association or the maintenance and upkeep of any property of the association.

(4) Any insurance policies currently in force.

(5) A list of the names and addresses of the members of the association as shown on its records.

(6) Any written unexpired warranties of any contractor or subcontractors, suppliers, or manufacturers relative to the common area or any improvements to the common area.
Ala. Code § 35-10-5 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-5
Section 35-10-5 Foreclosure Deed Conveys Legal Title
Status: in_force

In the case of a foreclosure under Sections 35-10-2 through 35-10-4, the foreclosure deed executed by the mortgagee or his transferee, or the owner of the debt secured thereby, or his agent or attorney or personal representative, shall operate to convey the legal title to the lands sold to the purchaser at such sale.
Ala. Code § 35-2-32 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-32
Section 35-2-32 Right of Entry Upon Private Property; Liability for Damages; Immunity from Arrest for Trespass
Status: in_force

Members of the advisory board, the chief of the division of land surveys or any and all employees of the division shall have the right to enter upon private property for the purpose of making surveys or for searching for, locating, relocating, or remonumenting land monuments, leveling stations, or section corners. Should any of these persons necessarily damage property of the owner in making the surveys or searches or remonumentations, the division may make reasonable payment for the damage through the state Board of Adjustment. However, members of the advisory board or any employees of the division are personally liable for any damage caused by their wantonness, willfulness, or negligence. All members of the advisory board and all division employees are immune from arrest for trespass in performing their legal duties as stated in this article, by presenting cards issued by the division giving the persons or employees permission so to enter private property.
Ala. Code § 35-9A-144 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-144
Section 35-9A-144 Notice
Status: in_force

(a) A person has notice of a fact if:

(1) the person has actual knowledge of it;

(2) the person has received a notice or notification of it; or

(3) from all the facts and circumstances known to the person at the time in question, the person has reason to know that it exists.

(b) A person “knows” or “has knowledge” of a fact if the person has actual knowledge of it.

(c) A person “notifies” or “gives” a notice or notification to another person by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. A person presumatively “receives” a notice or notification when:

(1) it comes to the person’s attention;

(2) in the case of the landlord, it is delivered at the place of business of the landlord or mailed to any place designated by the landlord as the place for receipt of the communication; or

(3) in the case of the tenant, it is delivered in hand to the tenant or three days after mailing with adequate prepaid postage in the United States mail to the tenant’s last known place of residence.

(d) “Notice,” knowledge of a notice, or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the organization.

(e) Notice provided in this section does not apply to the notice required to terminate a tenancy or evict a tenant.
Ala. Code § 35-10-21 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-21
Section 35-10-21 When Payment Required to Be Entered in Record
Status: in_force

The owner or holder of any recorded lien other than those specified in section 35-10-22, who has received payment in full or partial payments of the debt so secured by the recorded lien, must, upon request in writing, enter on the margin of the record of such recorded lien, the amount and date of such payment and the amount of the debt which remains unpaid at that date which was so secured by the recorded lien.
Ala. Code § 35-5A-22 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-22
Section 35-5A-22 Applicability of Chapter
Status: in_force

This chapter applies to a transfer within the scope of section 35-5A-3 made after October 1, 1986, if:

(1) The transfer purports to have been made under the Alabama Uniform Gifts to Minors Act; or

(2) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this chapter is necessary to validate the transfer.
Ala. Code § 35-4-110 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-110
Section 35-4-110 Instrument Not Recordable Unless Statement Endorsed on It
Status: in_force

No probate judge shall receive for record or permit the recording of any instrument in which the title to real property, or any interest therein, or lien thereon, is conveyed, granted, encumbered, assigned, or otherwise disposed of, or any instrument relating to the organization, reorganization, or dissolution of a private corporation, unless such instrument has endorsed on it a printed, typewritten, or stamped statement showing the name and address of the individual who prepared the instrument. If the instrument is in part composed of a printed form the person.preparing the instrument shall be the person who filled in the blanks in the form or examined the entries made in such blanks by some other person.
Ala. Code § 35-11-2 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-2
Section 35-11-2 Rights of Inferior Lienors
Status: in_force

One who has a lien inferior to another, upon the same property, has a right:

(1) To redeem the property in the same manner as its owner might, from the superior lien; and

(2) To be subrogated to all the benefits of the superior lien, when necessary for the protection of his interests, upon satisfying the claim secured thereby.
Ala. Code § 35-10-94 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-94
Section 35-10-94 Notification by Satisfaction Agent to Secured Creditor
Status: in_force

(a) If a secured creditor has not submitted for recording a satisfaction of a security instrument within the time set forth in Section 35-10-92 after full and complete payment of all indebtedness secured by the security instrument, a satisfaction agent acting for and with authority from the mortgagors may give the secured creditor a notification that the satisfaction agent intends to submit for recording an affidavit of satisfaction of the security instrument. The notification must include all of the following:

(1) The identity and mailing address of the satisfaction agent.

(2) Identification of the security instrument for which a recorded satisfaction is sought, including the names of the original parties to, and the recording data for, the security instrument.

(3) A statement that the satisfaction agent has determined all of the following:

a. That the real property described in the security instrument is residential real property or, at the time the security interest was made, was residential real property.

b. That the person to which the notification is being given is the secured creditor.

c. That the secured creditor has received full payment and performance of the secured obligation.

(4) A statement that a satisfaction of the security instrument does not appear of record in the chain of title.

(5) A statement that the satisfaction agent, acting with the authorization of the mortgagors of the real property described in the security instrument, intends to sign and submit for recording an affidavit of satisfaction of the security instrument unless, within 30 days after receipt of the notification by the secured creditor, any of the following occurs:

a. The secured creditor submits a satisfaction of the security instrument for recording.

b. The satisfaction agent receives from the secured creditor a notification stating that the secured obligation remains unsatisfied.

c. The satisfaction agent receives from the secured creditor a notification stating that the secured creditor has assigned the security instrument or otherwise does not claim an interest in the security instrument. In this event, the satisfaction agent will use all reasonable efforts to determine the name and address of, and notify, the secured creditor then owning the securing instrument.

(b) A notification to the secured creditor under subsection (a) must be sent by a method that provides proof of receipt by the secured creditor for giving a notification for the purpose of requesting a payoff statement or, if the satisfaction agent cannot ascertain that address, to the secured creditor’s address for notification for any other purpose.
Ala. Code § 35-2-28 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-28
Section 35-2-28 Advisory Board - Chairman; Meetings
Status: in_force

Members of the advisory board shall choose one of its five members as chairman. The board shall meet at least four times a year, and the chairman shall determine the time and place for any special meeting. Regular meetings shall be held as agreed upon by members of the board.
Ala. Code § 35-2-24 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-24
Section 35-2-24 Functions, Duties, and Responsibilities of Commissioner of Conservation and Natural Resources Acting through Chief of Division
Status: in_force

The Commissioner of Conservation and Natural Resources, acting by and through the chief of the division of land surveys, is hereby vested with the following functions, duties, and responsibilities:

(1) To restore, maintain and preserve the land survey monuments, section corners, and quarter section corners established by the United States public land survey within Alabama, together with all pertinent field notes, plats, and documents; and also to restore, establish, maintain, and preserve other boundary markers considered by the division to be of importance or otherwise established by law;

(2) To design and cause to be placed at established public land survey corner sites, where practical, substantial monuments permanently indicating, with words and figures, the exact location involved. If such monuments cannot be placed at the exact corner point, then witness corners of similar design shall be placed as near as possible, with words and figures indicating the bearing and distance to the true corner;

(3) To establish, maintain, and provide safe storage facilities for a comprehensive system of recordation of information respecting all monuments established by the United States public land survey within this state and such records as may be pertinent to the division’s establishment or maintenance of other land corners, Alabama coordinate system stations and accessories, and monuments in general;

(4) To extend throughout this state a triangulation and leveling net of precision whereby the Alabama state coordinate system, already initiated within this state by the United States coast and geodetic survey, may be made to cover to the necessary extent those areas of the state which do not now have enough geodetic control stations to permit the general use of the system by land surveyors and others;

(5) To collect and preserve information obtained from surveys made by those authorized to establish land monuments or land boundaries and to assist in the proper recording of the same by the duly constituted county officials, or otherwise;

(6) To furnish, upon reasonable request and tender of the required fees therefor, certified copies of records created or maintained by the division. When certified by the chief of the division of land surveys or a designated assistant, the records shall be admissible in evidence in any court in this state as the original record; and

(7) To prescribe and disseminate to those engaged in the business of land surveying, regulations designed to establish uniform professional surveying and mapping methods and standards in this state.
Ala. Code § 35-4-299 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-299
Section 35-4-299 Consent of Third Persons to Execution of Power
Status: in_force

When the consent of a third person to the execution of a power is requisite, such consent must be expressed in the instrument by which the power is executed or must be certified in writing thereon; in the first case, the instrument and in the second, the writing must be signed by the party whose consent is required.
Ala. Code § 35-4-361 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-361
Section 35-4-361 Right-of-Way Over Timberlands
Status: in_force

In all conveyances of standing timber, by deed or other instrument, containing no stipulation as to a right-of-way over and across the lands on which the timber is situated, the grantee shall have a free right-of-way over and across said lands for the purpose of cutting and removing the timber, provided he does not injure any crops growing thereon or do any unnecessary damage to the lands or timber not included in the contract.
Ala. Code § 35-10-12 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-12
Section 35-10-12 Execution of Foreclosure by Power of Sale; Effect; Indexing of Deeds
Status: in_force

Where a power to sell lands is given in any mortgage, the power is part of the security and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured. A conveyance of the lands sold under such power of sale to the purchaser at the sale may be executed by the mortgagee, their agents, attorneys or any person making the sale. Such conveyance vests the legal title of the lands sold under the power of sale to the purchaser at the sale. Probate judges shall index foreclosure deeds by the name of the original grantor and grantee in the mortgage, deed of trust, or other conveyance intended to secure the payment of money, and also by the names of the grantor and grantee in the foreclosure deed.
Ala. Code § 35-2-31 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-31
Section 35-2-31 Custody and Ownership of Original Survey Corners and Accessories; Penalty for Alteration or Destruction, Etc
Status: in_force

The custody and ownership of the original United States public land survey corners and accessories has never been released or surrendered by the State of Alabama. These survey corners and their accessories are property of the State of Alabama. This includes all restorations and replacements of the original corners and all their accessories, witness trees, and objects as well. The alteration, removal, disfiguration, or destruction of any of the corners or accessories, without specific permission of the division of land surveys, is an act of destruction of state property and is punishable as a misdemeanor.
Ala. Code § 35-4-65 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-65
Section 35-4-65 When Conveyance Receivable in Evidence
Status: in_force

Conveyances of property, real or personal, or any interest therein, whether absolute or on condition, which are acknowledged or proved according to law and recorded may be received in evidence in any court without further proof; and, if it appears to the court that the original conveyance has been lost or destroyed or that the party offering a transcript had not the custody or control thereof, the court must receive the transcript, duly certified, in the place of the original, unless the reputed maker is in bona fide possession of the property and makes and files an affidavit that the said conveyance is a forgery.
Ala. Code § 35-2-29 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-29
Section 35-2-29 Advisory Board - Duties
Status: in_force

The advisory board shall assist the Commissioner of Conservation and Natural Resources and the chief of the division of land surveys in formulating the policies of said division in the performance of its functions and duties and shall advise the Commissioner of Conservation and Natural Resources concerning any matter relating to the functions and duties of said division.
Ala. Code § 35-4-60 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-60
Section 35-4-60 Access to Books; Transcripts
Status: in_force

Such judge must permit all persons to have free access to such books during office hours and furnish transcripts therefrom, with certificates when required, upon the payment of lawful fees.
Ala. Code § 35-11-414 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-414
Section 35-11-414 Judgment
Status: in_force

If the court by its finding, or the jury by their verdict, as the case may be, ascertains that the plaintiff has a lien as claimed, judgment shall be entered for the amount secured thereby, interest and cost, against the party liable for the same, and establish the lien and condemn the property to sale for the satisfaction thereof; but if the finding or verdict is for the plaintiff only on the issue of indebtedness, a judgment shall be entered in his favor for the amount thereof as in other cases.
Ala. Code § 35-15-27 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-27
Section 35-15-27 Governmental Immunity
Status: in_force

Nothing in this article shall be so construed as to alter or repeal any immunity from law suit presently conferred by law upon the state or political subdivision thereof, or any agency or instrumentality thereof.
Ala. Code § 35-4-28 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-28
Section 35-4-28 Acknowledgment - Powers of Attorney, Etc
Status: in_force

Powers of attorney or other instruments conferring authority to convey property or to enter satisfaction of mortgages or other liens may be proved or acknowledged and recorded in the same manner and must be received as evidence to the same extent as conveyances.
Ala. Code § 35-18-2 — Alabama Code / Title 35 / Chapter 18 / Section 35-18-2
Section 35-18-2 Easement Conveyed, Recorded, Assigned, Etc.; Term of Easement; Interest Maintained; Condemnation
Status: in_force

(a) Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. A conservation easement may not be created or expanded under this chapter by any state, county, or local governmental body through the exercise of the power of eminent domain.

(b) No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

(c) Except as provided in subsection (b) of Section 35-18-3, the term of a conservation easement shall be the term stated in the instrument creating the easement or, if no term is stated, the lesser of 30 years or the life of the grantor, or upon the sale of the property by the grantor.

(d) An interest in real property in existence at the time a conservation easement is created, including, but not limited to, any subsurface property interests or leases and any related rights of owners or leaseholders to remove or extract minerals or any mortgages, deeds of trust, security interests, or other liens, shall not be impaired or diminished in any way by a conservation easement unless all owners of the interests are parties to the conservation easement or consent to it and the consent is properly recorded. A conservation easement shall not be construed to impair or diminish in any way interests in adjacent or surrounding properties.

(e) Nothing in this chapter shall be construed to impair or diminish in any way the rights of any person, entity, or governmental body authorized by the laws of this state or under federal law to acquire property interests through the exercise of eminent domain or condemnation. A conservation easement may be condemned or appropriated through eminent domain in the same manner as any other property interest.
Ala. Code § 35-15-20 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-20
Section 35-15-20 Legislative Intent
Status: in_force

It is hereby declared that there is a need for outdoor recreational areas in this state which are open for public use and enjoyment; that the use and maintenance of these areas will provide beauty and openness for the benefit of the public and also assist in preserving the health, safety, and welfare of the population; that it is in the public interest to encourage owners of land to make such areas available to the public for non-commercial recreational purposes by limiting such owners’ liability towards persons entering thereon for such purposes; that such limitation on liability would encourage owners of land to allow non-commercial public recreational use of land which would not otherwise be open to the public, thereby reducing state expenditures needed to provide such areas.
Ala. Code § 35-8A-412 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-412
Section 35-8A-412 Conversion Buildings
Status: in_force

(a) A declarant of a condominium containing conversion buildings, and any person in the business of selling real estate for his or her own account who intends to offer units in such a condominium shall give each of the residential tenants and any residential subtenant in possession of a portion of a conversion building notice of the conversion no later than 60 days before the tenants and any subtenant in possession are required to vacate. The notice must set forth generally the rights of tenants and subtenants under this section and shall be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. No tenant or subtenant may be required to vacate upon less than 60 days’ notice, except by reason of nonpayment of rent, waste, or conduct that disturbs other tenants’ peaceful enjoyment of the premises, and the terms of the tenancy may not be altered during that period. Failure to give notice as required by this section is a defense to an action for possession.

(b) If a notice of conversion specifies a date by which a unit or proposed unit must be vacated, and otherwise complies with the provisions of Chapter 9A, the notice also constitutes a notice to terminate specified by that statute.

(c) Nothing in this section permits termination of a lease by a declarant in violation of the terms of the lease.
Ala. Code § 35-9A-407 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-407
Section 35-9A-407 Tenant’s Remedies for Landlord’s Unlawful Ouster, Exclusion, or Diminution of Service
Status: in_force

If a landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electric, gas, or other essential service, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount equal to not more than three months’ periodic rent or the actual damages sustained by the tenant, whichever is greater, and reasonable attorney’s fees. If the rental agreement is terminated under this section, the landlord shall return all security recoverable under Section 35-9A-201 and all unearned prepaid rent.
Ala. Code § 35-6-81 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-81
Section 35-6-81 Report of Sale by Guardian to Court
Status: in_force

Within three months after making any such sale, such guardian shall report the same under oath to the court having jurisdiction of his administration of the estate of such ward. If the whole of the share of such ward in the proceeds of such sale shall have been paid when such report is made, such fact shall be stated therein, and the guardian shall therein apply to the court for authority to make a conveyance of the interest of said ward in the lands or realty so sold to the purchaser. Such report shall set forth the name, residence, and age of such ward, and of the person in whose custody he is, and the name and residence of the adult next of kin of said ward, resident in the state and not interested in such sale; if there be more than one such next of kin of the same degree, such report must set forth the names and residences of all of them resident in this state.
Ala. Code § 35-3-1 — Alabama Code / Title 35 / Chapter 3 / Section 35-3-1
Section 35-3-1 Proceedings Authorized; Conclusiveness of Established Lines
Status: in_force

In addition to any other proceeding authorized under the laws of this state which establish or determine disputed land lines or boundaries between coterminous owners, the following proceedings may be had in the circuit court; but the remedy hereby given shall not be exclusive of any other remedy given or authorized under the laws of this state. When disputed boundary lines are once established under this article, or any other proceedings authorized by law, they shall be as binding and conclusive upon the parties as any other judgment to establish or settle disputed boundary lines.
Ala. Code § 35-20-8 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-8
Section 35-20-8 Priority of Declaration
Status: in_force

If a conflict exists between the declaration and the governing documents of a homeowners’ association, the declaration prevails, except to the extent that the declaration is inconsistent with this chapter.
Ala. Code § 35-11-5 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-5
Section 35-11-5 Affidavit and Bond Required Before Issue of Attachment
Status: in_force

In all cases in this chapter where the process of attachment is authorized, and unless otherwise particularly provided for in the article declaring the lien, before such attachment shall issue, the plaintiff, his agent or attorney must make affidavit setting forth the amount of such claim, or if a toll is claimed, the reasonable value thereof, that one of the enumerated causes for attachment prescribed in the applicable article exists, that the attachment is not sued out for the purpose of vexing or harassing the defendant, whether or not the debt or toll is due, and if not, when the same will be due, that said debt or toll remains unpaid, and must describe therein, as near as practicable, the property on which the lien is claimed. He must also execute a bond in double the amount claimed, with sufficient sureties to be approved by the officer issuing the attachment, payable to the defendant and with the 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 § 35-6-47 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-47
Section 35-6-47 Notice of Partition
Status: in_force

In case of partition of lands, the commissioners must give notice, by publication in some newspaper published in the county, if there is one, or if not, in the one nearest thereto, to be made not less than three successive weeks, that they will, on a day designated, attend at the courthouse of the county to make partition.
Ala. Code § 35-10-96 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-96
Section 35-10-96 Affidavit of Satisfaction Requirements
Status: in_force

An affidavit of satisfaction of a security instrument must do all of the following:

(1) Identify the original parties to the security instrument, the secured creditor, and the recording data for the security instrument.

(2) State the basis upon which the person signing the affidavit is a satisfaction agent including, without limitation, that the person signing the affidavit is authorized to sign on behalf of, and to bind, the insurance company acting as satisfaction agent.

(3) State that the person signing the affidavit has determined that the real property described in the security instrument is residential real property or was residential real property at the time the security instrument was made.

(4) State that the person signing the affidavit determined that the secured creditor has received full payment or performance of the secured obligation and, if the security instrument is an equity line security instrument, that the equity line has been closed.

(5) State that the person signing the affidavit, acting with the authority of the owner of the real property described in the security instrument, gave notification to the secured creditor of its intention to sign and submit for recording an affidavit of satisfaction.

(6) Describe the method by which the person signing the affidavit gave notification in compliance with this article.

(7) State either of the following:

a. That more than 30 days have elapsed since the receipt of notification by the secured party, no satisfaction has been recorded, and the satisfaction agent has not received a notification that the secured obligation remains unsatisfied or received information that the secured obligation has been assigned.

b. That the secured creditor authorized the person signing the affidavit to sign and record an affidavit of satisfaction.

(8) Be sworn or affirmed, signed, and acknowledged as required by law for a conveyance of an interest in real property.
Ala. Code § 35-6-51 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-51
Section 35-6-51 Effect of Partition on Liens
Status: in_force

When there is a lien on an undivided interest of any of the parties, such lien, if a partition is made, is thenceforth a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.
Ala. Code § 35-4-300 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-300
Section 35-4-300 Disposition to or Among Children
Status: in_force

When a disposition under an appointment or a power is directed to be made to or among the children of any person, without restricting it to any particular children, it may be exercised in favor of the grandchildren or other descendants of such person.
Ala. Code § 35-4-56 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-56
Section 35-4-56 Patents
Status: in_force

Patents from this state or the United States to lands in this state may be recorded in the office of the judge of probate of the county in which the lands lie; and a certified copy of such record is evidence in any court of this state.
Ala. Code § 35-9-7 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-7
Section 35-9-7 Service of Demand or Notice
Status: in_force

(a) Any demand may be made or notice served by delivering a written or printed, or partly written and printed, copy thereof to the tenant, or by leaving the same with some person above the age of 18 years, residing on or in possession of the premises; and in case no one is in the actual possession of said premises, then by posting the same on the premises.

(b) When any such demand is made or notice served by an officer authorized to serve process, his return shall be prima facie evidence of the facts therein stated, and if such demand is made or notice served by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated.
Ala. Code § 35-8A-401 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-401
Section 35-8A-401 Applicability; Waiver
Status: in_force

(a) This article applies to all units subject to this chapter, except as provided in subsection (b) or as modified or waived in writing by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use.

(b) Neither an offering statement nor a resale certificate need be prepared or delivered in the case of:

(1) A gratuitous disposition of a unit;

(2) A transfer pursuant to court order;

(3) A disposition by a government or governmental agency;

(4) A transfer by foreclosure or disposition by deed in lieu of foreclosure;

(5) A disposition to a person in the business of selling real estate who intends to offer those units to purchasers where the responsibility for preparing and delivering the offering statement has been transferred to the person pursuant to subsection (b) of Section 35-8A-402;

(6) A disposition that may be canceled at any time and for any reason by the purchaser without penalty; or

(7) A disposition of a time share interest in a unit.
Ala. Code § 35-11-20 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-20
Section 35-11-20 Lien Declared
Status: in_force

Owners of land, or their assignees, shall have a lien upon timber sold therefrom for purposes of rafting, shipping, or manufacture, for the stipulated price or value thereof, commonly known as stumpage.
Ala. Code § 35-4-362 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-362
Section 35-4-362 Reversion of Title to Uncut Timber
Status: in_force

In all conveyances of standing timber, by deed or other instrument, unless otherwise provided in said deed or other instrument, the title to all timber not cut and removed within 10 years from the date of the deed or other instrument conveying the same, or at the expiration of the time limit agreed upon by the parties, shall revert to the grantor or grantors.
Ala. Code § 35-8A-309 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-309
Section 35-8A-309 Quorums
Status: in_force

(a) Unless the bylaws provide otherwise, a quorum is present throughout any meeting of the association if persons entitled to cast 20 percent of the votes which may be cast for election of the board are present in person or by proxy at the beginning of the meeting.

(b) Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the board if persons entitled to cast 50 percent of the votes on that board are present at the beginning of the meeting.
Ala. Code § 35-12-28 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-28
Section 35-12-28 Property Held by Federal Courts, Officers, Authorities or Agencies
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-6-87 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-87
Section 35-6-87 Report of Payment; Order for Conveyance
Status: in_force

Within 30 days after receiving full payment for the interest of his ward in any land or realty so sold, such sale having been confirmed under the provisions of this article, the guardian of such ward must report such payment under oath to the court and apply for an order to make a proper conveyance of such interest to the purchaser. The court must examine such report and may also examine witnesses in relation thereto; if, upon such examination, it is satisfied that such payment has been made, it must make an order for such conveyance to be made by said guardian or by some other person, appointed by the court conveying all right, title, and interest of such ward in such land or realty at the time of such sale thereof.
Ala. Code § 35-4-297 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-297
Section 35-4-297 Disposition By, Between, or Among Several Persons Generally
Status: in_force

When a disposition under a power is directed to be made by, between or among several persons, without specifying the sum or share to be allotted to each, all the persons designated are entitled to an equal proportion; but when the terms of the power import that the estate or fund is to be distributed between the persons so designated, in such manner or proportion as the trustee of the power may think proper, the distribution or apportionment made by such trustee cannot be impeached on the ground that it is unsubstantial, illusory, or nominal.
Ala. Code § 35-4-92 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-92
Section 35-4-92 Transfers of Standing Timber, Trees, and Cutting Rights
Status: in_force

Except as may be otherwise provided by Article 9 of the Uniform Commercial Code, all conveyances, mortgages, and other instruments executed hereafter for the purpose of transferring standing timber or trees, or cutting rights with respect thereto, or an interest therein, whether such timber, trees, or rights shall be real or personal property, shall be recorded in the county in which such timber and trees are located in the same manner and books and under the same conditions that conveyances of real property are recorded in such county and with like effect; and no such instrument need be recorded elsewhere. Unless an instrument effecting such transfer and herein required to be recorded is so recorded, any such transfer shall be inoperative and void as against purchasers, mortgagees, and judgment creditors without notice.
Ala. Code § 35-8A-402 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-402
Section 35-8A-402 Liability for Offering Statement Requirements
Status: in_force

(a) Except as provided in subsection (b), a declarant, prior to the offering of any interest in a unit to the public, shall prepare an offering statement conforming to the requirements of Sections 35-8A-403 through 35-8A-406.

(b) A declarant may transfer responsibility for preparation of all or a part of the offering statement to a successor declarant specified in Section 35-8A-304 or to a person in the business of selling real estate who intends to offer units in the condominium for the offeror’s own account. In the event of any such transfer, the transferor shall provide the transferee with any information necessary to enable the transferee to fulfill the requirements of subsection (a).

(c) Any declarant or other person in the business of selling real estate who offers to a purchaser a unit for the offeror’s own account to whom such responsibility for preparation and delivery of an offering statement has been transferred shall deliver an offering statement in the manner prescribed in Section 35-8A-408(a) and is liable under Sections 35-8A-408 and 35-8A-414 for any false or misleading statement set forth therein or for any omission of material fact.

(d) If a unit is part of a condominium and is part of any other real estate regime in connection with the sale of which the delivery of an offering statement is required under the laws of this state, a single offering statement conforming to the requirements of Sections 35-8A-403 through 35-8A-406 as those requirements relate to each regime in which the unit is located and to any other requirements imposed under the laws of this state, may be prepared and delivered in lieu of providing two or more offering statements.
Ala. Code § 35-11-311 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-311
Section 35-11-311 Enforcement of Lien
Status: in_force

For the enforcement of such lien, the owner of such boom, bulkhead, piles or other structure, may have process of attachment from any court having jurisdiction of the amount claimed leviable upon the vessel, boat, flatboat, raft, log or stick of timber or wood upon which the lien exists:

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

(2) Whether such claim is due or not, when the defendant has removed, or there is good reason to believe he is about to remove any of the property on which the lien declared in Section 35-11-310 exists, without paying such charges.
Ala. Code § 35-20-14 — Alabama Code / Title 35 / Chapter 20 / Section 35-20-14
Section 35-20-14 Dissolution and Liquidation of Assets Upon Termination of Declaration
Status: in_force

Upon the termination of a declaration, or at such other time as required by law, the board of directors shall take those steps necessary for the immediate dissolution and liquidation of the association and any remaining assets.
Ala. Code § 35-9-11 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-11
Section 35-9-11 Right of Landlord to Enforce Lien Against Sublessees or Assignees
Status: in_force

In all cases when the demised premises shall be sublet, or the lease is assigned, the landlord shall have the same right to enforce his lien against the sublessee or assignee, that he has against the tenant to whom the premises were demised.
Ala. Code § 35-6-121 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-121
Section 35-6-121 Delivery of Shares
Status: in_force

If all the parties consent in writing, the sheriff, immediately after division is made, shall deliver to each party his share of the crops; but if such consent is not given, the crops must be held by him until after the report of the commissioners has been confirmed, when he shall deliver the same to the parties entitled thereto, unless a supersedeas bond on appeal is given.
Ala. Code § 35-12-96 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-96
Section 35-12-96 Uniformity of Application and Construction
Status: in_force

This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article among states enacting it.
Ala. Code § 35-12-37 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-37
Section 35-12-37 Duties, Etc., Not Affected by Expiration of Limitation Period
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-12-3 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-3
Section 35-12-3 Compensation and Reward for Finder
Status: in_force

The finder of a thing is entitled to compensation for all expenses necessarily incurred by him in its preservation, and for any other service necessarily performed by him about it, and to a reasonable reward for keeping it.
Ala. Code § 35-8A-310 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-310
Section 35-8A-310 Voting; Proxies
Status: in_force

(a) If only one of the multiple owners of a unit is present at a meeting of the association, he or she is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless either the declaration or bylaws expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

(b) Votes allocated to a unit may be cast pursuant to a proxy duly executed by the unit owner except as provided in Section 35-8A-303(g). If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.

(c) If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (i) the provisions of subsections (a) and (b) apply to lessees as if they were unit owners; (ii) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (iii) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners must also be given notice, in the manner provided in Section 35-8A-308, of all meetings at which lessees may be entitled to vote.

(d) No votes allocated to a unit owned by the association may be cast.
Ala. Code § 35-10-14 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-14
Section 35-10-14 Place and Time for Conducting Foreclosure by Power of Sale
Status: in_force

The power to sell lands under this article must be exercised at the appropriate courthouse door considered the front or main door to the courthouse, of the county where the mortgaged land or a substantial and material part thereof, is located.

The sale shall be held between the hours of 11 A.M. and 4 P.M. on the day designated for the exercise of the power to sell the land.
Ala. Code § 35-4-384 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-384
Section 35-4-384 Sale of Contingent Interests by State Institutions
Status: in_force

Any state institution including schools, colleges, or other educational institutions which may own or be entitled to any contingent interest in any real estate situated in the State of Alabama, whether such interest is derived through a will or otherwise, is hereby authorized to sell or otherwise dispose of such contingent interest upon such terms and for such price as the managing head of such institution may deem fair and just; provided, that such sale shall be approved by the executive committee of the board of trustees, of such institution, if such institution has a board of trustees; provided further, that in the event such institution shall not have a board of trustees or there shall not be in existence an executive committee of such board of trustees, then such sale or disposition shall be approved by the Governor and the Attorney General. In the event of any such sale or disposition of any such interest, such institution is hereby authorized and empowered to execute to the purchaser a conveyance or conveyances of such interest sold or disposed of, and the said conveyance or conveyances shall be executed in the name of such institution by the presiding officer of its board of trustees, or in the name of the State of Alabama, by the Governor of Alabama; and the execution of the same shall be attested by the secretary of such board of trustees in the event the same is executed by the presiding officer of such board of trustees; or in the event that such conveyance is executed by the Governor, the same shall be attested by the Secretary of State, and the seal of the State of Alabama shall be affixed thereto.
Ala. Code § 35-12-47 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-47
Section 35-12-47 Property Presumed Abandoned or Escheated Under Laws of Another State
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-6-40 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-40
Section 35-6-40 Property Subject to Partition; by Whom Application Made
Status: in_force

Any property, real, personal or mixed, held by joint owners or tenants in common, may be divided among them, on the written application of one or more of them to the probate court of the county in which the property is situated; and such application may be made by the executor or administrator of a deceased person in interest, or by the guardian of a minor or person of unsound mind.
Ala. Code § 35-2-36 — Alabama Code / Title 35 / Chapter 2 / Section 35-2-36
Section 35-2-36 Contracts
Status: in_force

Whenever the division of land surveys deems it expedient and when funds appropriated permit, the division shall have the power to enter into contracts with agencies of the United States, with agencies of sister states or with private persons, registered land surveyors or professional engineers, in order to plan and execute other projects that are within the scope and purpose of this article.
Ala. Code § 35-4-91 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-91
Section 35-4-91 Instruments Creating Estates in Remainder, Etc
Status: in_force

All wills and conveyances, creating estates in lands in remainder or reversion or upon a condition, after an estate for life or lives, are inoperative and void as against the creditors of the tenant for life or lives in possession after a possession of five years by such tenant, unless the will or conveyance is recorded within five years from the entry and possession of such tenant.
Ala. Code § 35-5A-14 — Alabama Code / Title 35 / Chapter 5A / Section 35-5A-14
Section 35-5A-14 Custodian Has Rights and Powers That Unmarried Adult Would Have as to Property
Status: in_force

(a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.

(b) This section does not relieve a custodian from liability for breach of Section 35-5A-13.
Ala. Code § 35-9B-8 — Alabama Code / Title 35 / Chapter 9B / Section 35-9B-8
Section 35-9B-8 Construction and Application of Chapter
Status: in_force

This chapter does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, theft, burglary, or other crimes.
Ala. Code § 35-4-131 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-131
Section 35-4-131 Notice of Actions, Etc
Status: in_force

(a) When any civil action or proceeding shall be brought in any court to enforce any lien upon, right to or interest in, or to recover any land, or where an application has been made to the probate judge of any county for an order of condemnation of land, or any interest therein, the person, corporation, or governmental body commencing such action or proceeding or making such application shall file with the judge of probate of each county where the land or any part thereof is situated a notice containing the names of all of the parties to the action or proceeding, or the persons named as those having an interest in the land in the application for an order of condemnation, a description of the real estate and a brief statement of the nature of the lien, writ, application, or action sought to be enforced. The judge of probate shall immediately file and record the notice in the lis pendens record and note on it and in the record the hour and date of the filing and the place and date of recording.

(b) A copy of the notice required by Section 6-6-564, regarding in rem proceedings involving claims to title of land, certified by the register or clerk as being correct, shall also be recorded as a lis pendens in the office of probate judge of the county where the lands lie.
Ala. Code § 35-4-64 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-64
Section 35-4-64 Purchasers Protected in Dealing with Record Owner as Owner of Indebtedness
Status: in_force

Purchasers of real property against which there are recorded mortgages, vendor’s liens, judgments, and other liens shall be protected in assuming that the record owner of such liens is the owner of the indebtedness secured by the same and in dealing with such record owner as the owner of such indebtedness.

Cancellation of the record of mortgages, vendor’s liens, judgments, and other liens by the record owner of the same shall be valid as to purchasers of the real property affected by liens of such character.
Ala. Code § 35-8A-207 — Alabama Code / Title 35 / Chapter 8A / Section 35-8A-207
Section 35-8A-207 Allocation of Common Element Interests, Votes, and Common Expense Liabilities
Status: in_force

(a) The declaration must allocate to each unit in a condominium a fraction or percentage of undivided interests in the common elements and in the common expenses of the association specified in section 35-8A-315(a), and a portion of the votes in the association, to each unit and state the formulas used to establish allocations of interest. Those allocations may not discriminate in favor of units owned by the declarant or an affiliate of the declarant.

(b) If units may be added to or withdrawn from the condominium, the declaration must state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.

(c) The declaration may provide: (i) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (ii) for cumulative voting only for the purpose of electing members of the board; and (iii) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by this chapter, nor may units constitute a class because they are owned by a declarant.

(d) Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units must each equal one if stated as fractions or 100 percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formula, the allocated interest prevails.

(e) In a condominium the common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void.
Ala. Code § 35-4-381 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-381
Section 35-4-381 Sale of Right to Quarry Limestone and Clay
Status: in_force

The Governor may sell the right to quarry limestone and clays necessary or proper for the manufacture of cement upon the following lands: Sections 21 and 28, township 5 N., range 2 E., or any part thereof. He may sell the said rights for such price and upon such terms as to him appear just and reasonable. The sale of such rights shall confer upon the purchaser landing privileges, all necessary rights-of-way for the purpose of quarrying the material and moving the same, and all rights and privileges which are necessary for the enjoyment of the rights granted; but the state shall retain possession of the lands and have the right to the use and enjoyment thereof for every other purpose whatever.
Ala. Code § 35-6-56 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-56
Section 35-6-56 Remedy Not Exclusive
Status: in_force

The power conferred in this article does not prevent a resort to any other lawful mode of obtaining partition of lands.
Ala. Code § 35-4-251 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-251
Section 35-4-251 Trusts May Be Created for Lawful Purpose; Necessity for Legal Title to Vest in Trustees
Status: reserved

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007.
Ala. Code § 35-9A-501 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-501
Section 35-9A-501 Retaliatory Conduct Prohibited
Status: in_force

(a) Except as provided in this section, a landlord may not retaliate by discriminatorily increasing rent or decreasing services or by bringing or threatening to bring an action for possession because:

(1) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety;

(2) the tenant has complained to the landlord of a violation under Section 35-9A-204; or

(3) the tenant has organized or become a member of a tenant’s union or similar organization.

(b) If a landlord acts in violation of subsection (a), the tenant is entitled to the remedies provided in Section 35-9A-407 and has a defense in any retaliatory action against the tenant for possession.

(c) Notwithstanding subsections (a) and (b), a landlord may bring an action for possession if:

(1) the violation of the applicable building or housing code was caused primarily by lack of reasonable care by the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent;

(2) the tenant is in default in rent;

(3) compliance with the applicable building or housing code requires alteration, remodeling, or demolition which would effectively deprive the tenant of use of the dwelling unit; or

(4) other material violations of the lease.

(d) The maintenance of an action under subsection (c) does not release the landlord from liability under subsection (b) of Section 35-9A-401.
Ala. Code § 35-6-54 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-54
Section 35-6-54 Costs and Expenses
Status: in_force

The probate court must ascertain the costs and expenses attending the division, and make a record thereof, stating distinctly each item of such costs and expenses; and if the same are not paid within 30 days after the allotment, an execution may be issued against each of the persons to whom the land was allotted, for his aliquot portion thereof, which must be directed to the sheriff, to be levied as other executions, and may be levied on the land so allotted to him.
Ala. Code § 35-10-1 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-1
Section 35-10-1 Power of Sale Constitutes Part of Security; by Whom Executed; Effect of Conveyance; Index of Foreclosure Deeds
Status: in_force

Where a power to sell lands is given to the grantee in any mortgage, or other conveyance intended to secure the payment of money, the power is part of the security, and may be executed by any person, or the personal representative of any person who, by assignment or otherwise, becomes entitled to the money thus secured; and a conveyance of the lands sold under such power of sale to the purchaser at the sale, executed by the mortgagee, any assignee or other person entitled to the money thus secured, his agent or attorney, or the auctioneer making the sale, vests the legal title thereto in such purchaser. Probate judges shall index foreclosure deeds by the names of the original grantor and grantee in the mortgage, and also by the names of the grantor and grantee in the foreclosure deeds.
Ala. Code § 35-4-260 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-260
Section 35-4-260 Trusts Consisting of Insurance Policies or Proceeds
Status: in_force

Transferred to Section 19-3B-1305 effective January 1, 2007.
Ala. Code § 35-18-6 — Alabama Code / Title 35 / Chapter 18 / Section 35-18-6
Section 35-18-6 Relation to “Forever Wild Amendment.”
Status: in_force

The provisions of this chapter are intended to be cumulative and supplemental to the provisions of Amendment No. 543 of the Constitution of Alabama of 1901, commonly known as the “Forever Wild Amendment,” and any other provisions of law, and shall not be construed to repeal any law or part of law except for those in direct conflict herewith.
Ala. Code § 35-11-231 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-231
Section 35-11-231 Acknowledgment of Satisfaction
Status: in_force

(a) 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.

(b) Any holder of such lien, who, after having been fully paid fails for 30 days after demand in writing to so acknowledge satisfaction thereof, shall be liable to any person thereby injured to the amount of such injury, which shall not be less than $200.00.
Ala. Code § 35-11-111 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-111
Section 35-11-111 Right to Enforce Lien by Attachment
Status: in_force

Any person entitled thereto may enforce such lien in any court of competent jurisdiction, by attachment issued by any officer authorized to issue such writs, upon executing bond as in other cases of attachment, and upon making affidavit that the attachment is not sued out for the purpose of vexing or harassing the defendant, and describing the property on which the lien is claimed and setting forth all the facts necessary to the creation of the lien under Section 35-11-110, and the amount due, and that one of the following causes of attachment exists:

(1) That the person for whom such vehicle, implement, machine, or article was made or repaired, or to whom sold, is the owner thereof, and that the price, if agreed on, or if not, the value of the same, or of the repair thereof, or some part of either, is due and unpaid.

(2) That the person for whom such vehicle, implement, machine, or article was made or repaired, or to whom sold, has transferred or sold the same to a purchaser with notice of the lien, and that the price, if agreed on, or if not, the value of the same, or of the repair thereof, or of some part of either, is due and unpaid.
Ala. Code § 35-6-59 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-59
Section 35-6-59 Sale Instead of Partition - Time for Hearing
Status: in_force

Upon the filing of such application, setting forth that the property cannot be equitably divided or partitioned, without a sale thereof, a day must be appointed, not less than 30 days thereafter for hearing the same.
Ala. Code § 35-15-1 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-1
Section 35-15-1 No Duty Owed Except as Provided in Section 35-15-3
Status: in_force

An owner, lessee, or occupant of premises owes no duty of care to keep such premises safe for entry and use by others for hunting, fishing, trapping, camping, water sports, hiking, boating, sight-seeing, caving, climbing, rappelling, or other recreational purposes or to give any warning of hazardous conditions, use of structures or activities on such premises to persons entering for the above-stated purposes, except as provided in Section 35-15-3.
Ala. Code § 35-10-95 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-95
Section 35-10-95 Conditions for Satisfaction Agent to Sign and Submit Affidavit for Recording
Status: in_force

(a) Subject to subsections (b) and (c), a satisfaction agent may sign and submit for recording an affidavit of satisfaction of a security instrument complying with this article if either of the following occurs:

(1) There does not appear of record a satisfaction of a security instrument within 30 days after the receipt by the secured creditor of the notification.

(2) The secured creditor authorizes the satisfaction agent to do so.

(b) A satisfaction agent may not sign and submit for recording an affidavit of satisfaction of a security instrument if it has received a notification stating that the secured obligation remains unsatisfied or information that the security instrument has been assigned.

(c) If a satisfaction agent receives information that the security instrument has been assigned, the satisfaction agent may not submit for recording an affidavit of satisfaction of the security instrument without giving a notification of intent to submit for recording an affidavit of satisfaction to the assignee.
Ala. Code § 35-12A-6 — Alabama Code / Title 35 / Chapter 12A / Section 35-12A-6
Section 35-12A-6 Storage of Dwelling and Personal Property of Tenant
Status: in_force

(a) After notifying the tenant and lienholder as required by Sections 35-12A-3 and 35-12A-4, the manufactured dwelling community owner shall do all of the following:

(1) Store any abandoned manufactured dwelling on the rented space.

(2) Store all other abandoned personal property of the tenant, including goods left inside a manufactured dwelling or left upon the rented space outside a manufactured dwelling, in a place of safekeeping and exercise reasonable care for the personal property. For purposes of this chapter, “personal property” does not include a manufactured dwelling.

(b) The manufactured dwelling community owner shall be entitled to reasonable or actual storage charges and costs incidental to storage or disposal, including any cost of removal to a place of storage occurring after the expiration of the date by which a tenant, lienholder, or owner is to contact the manufactured dwelling community owner as set forth in Section 35-12A-5.
Ala. Code § 35-4-191 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-191
Section 35-4-191 Application; Notice; Guardian Ad Litem; Hearing; Costs
Status: in_force

(a) The application referred to in Section 35-4-190 shall set out the names and places of residence of all the persons interested in the funds in which such dower or life interest exists, stating which, if any, are infants or persons of unsound mind. If any of the parties or their places of residence are unknown, the application shall so state. The court shall set a day for the hearing of said application not less than 30 days from the date of the filing thereof, and notice thereof shall be given by the clerk, judge, or register and served on such other persons as may be interested in the funds, residing in the state, not less than 10 days prior to the hearing; and, if any are nonresidents or their names or places of residence are unknown, then service on them shall be by registered or certified mail where practicable in the same manner as now provided by law for service by registered mail, or by publication once a week for three successive weeks in some newspaper published in the county or, if none are published in the county, then in some newspaper published in an adjoining county. The hearing shall take place on the day set or on any day to which said hearing may be continued. A guardian ad litem shall be appointed to represent infants or persons of unsound mind. All costs of such proceedings, including any fee for the guardian ad litem, shall be paid out of the common fund in which the life or dower interest exists, to the end that, as nearly as may be, the life tenant shall be taxed with such proportion of such costs as his share of the common fund, when ascertained, shall bear to the whole; provided, however, that the court shall be clothed with discretion in such taxation of costs as to it may otherwise appear just and equitable.

(b) In ascertaining the value of such life interest, the court may examine witnesses touching their opinion on such value and may take into consideration the age and health of the life tenant, the earning power of the money representing the lands or the interest therein, as well as any other factor which may reasonably shed light on the inquiry. Witnesses may be examined orally or by depositions, and no notice shall be required for oral examination of such witnesses on the day set for the hearing, any rule of civil procedure or probate practice to the contrary notwithstanding.
Ala. Code § 35-4-213 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-213
Section 35-4-213 Remainder Limited After Death Without Heirs or Issue
Status: in_force

Where a remainder in real or personal property is limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, the word “heirs” or “issue” must be construed to mean heirs or issue living at the death of the person named as ancestor.
Ala. Code § 35-12-78 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-78
Section 35-12-78 Notification of Abandoned Property
Status: in_force

(a) It is specifically recognized that the state has an obligation to make an effort to notify apparent owners of abandoned property in a cost-effective manner.

(b) The Treasurer shall make at least one active attempt to notify apparent owners of the existence of abandoned property held by the office of the Treasurer. Within 12 months of the receipt of the property, the Treasurer shall mail a postcard notification to the apparent owner containing all of the following information set forth in the report filed by the holder:

(1) The name of each person appearing to be the owner of the property.

(2) The last known address or location of each person appearing to be the owner of the property.

(3) A statement explaining that the property of the apparent owner is presumed to be abandoned and has been delivered into the protective custody of the Treasurer.

(4) A statement that information about the property and its return to the owner is available to a person having a legal or beneficial interest in the property, upon written request to the Treasurer.

(c) The Treasurer is not required to attempt to notify apparent owners of property having a total value less than fifty dollars ($50), or concerning a traveler’s check, money order, or similar instrument that has no reported name or address.
Ala. Code § 35-10-6 — Alabama Code / Title 35 / Chapter 10 / Section 35-10-6
Section 35-10-6 Additional Satisfaction Permitted Under Continuing Power of Sale
Status: in_force

The sale of any part of the property conveyed by mortgage, either under power of sale contained in the mortgage, or by 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 the mortgages hereafter executed shall, unless otherwise expressly provided therein, be held to give a continuing power of sale authorizing the mortgagee or his assignee after the law day of the mortgage to sell the mortgaged property from time to time in separate lots or parcels as it comes into his possession.
Ala. Code § 35-9-1 — Alabama Code / Title 35 / Chapter 9 / Section 35-9-1
Section 35-9-1 Tenant Estopped to Deny Landlord’s Title
Status: in_force

The tenant cannot dispute his landlord’s title, nor attorn to another claimant while in possession, except in cases provided otherwise in this Code.
Ala. Code § 35-9A-202 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-202
Section 35-9A-202 Disclosure
Status: in_force

(a) A landlord or any person authorized to enter into a rental agreement on the landlord’s behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and business address of:

(1) the person authorized to manage the premises; and

(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.

(b) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.

(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for:

(1) service of process and receiving and receipting for notices and demands; and

(2) performing the obligations of the landlord under this chapter and under the rental agreement and expending or making available for the purpose all rent collected from the premises.
Ala. Code § 35-8-5 — Alabama Code / Title 35 / Chapter 8 / Section 35-8-5
Section 35-8-5 Unit Ownership, Possession, and Enjoyment
Status: in_force

Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy, or relationship recognized under the laws of this state. A unit may be used for residential, commercial, industrial, professional, or any other use not prohibited by law. There shall be included with each unit the following:

(1) The private elements as set forth in the declaration.

(2) An undivided interest in such limited common elements as may be set forth in the declaration.

(3) The right of ownership and to exclusive use and possession of such private elements.

(4) The right to use such common elements and limited common elements in accordance with the declaration and bylaws, but consistent with the lawful rights of other unit owners.

(5) An exclusive easement for the use of any air space occupied by the private elements as they exist at any particular time and as they may lawfully be altered or reconstructed from time to time.

(6) Easements through other units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common and limited common elements.

(7) An easement of support in every other unit which contributes to the support of such unit.

(8) The right of access to a public street or highway.

(9) Such other incidents to ownership, possession, and enjoyment as the declaration may provide.
Ala. Code § 35-15-3 — Alabama Code / Title 35 / Chapter 15 / Section 35-15-3
Section 35-15-3 Otherwise Existing Liability Not Limited
Status: in_force

This article does not limit the liability which otherwise exists for wilful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or for injury suffered in any case where permission to hunt, fish, trap, camp, hike, cave, climb, rappel, or sight-see was granted for commercial enterprise for profit; or for injury caused by acts of persons to whom permission to hunt, fish, trap, camp, hike, or sight-see was granted to third persons as to whom the person granting permission, or the owner, lessee, or occupant of the premises owed a duty to keep the premises safe or to warn of danger.
Ala. Code § 35-16-4 — Alabama Code / Title 35 / Chapter 16 / Section 35-16-4
Section 35-16-4 Mortality Tables as Evidence
Status: in_force

(a) Mortality tables as printed in the bound acts of the legislature pursuant to section 35-16-3 shall be received in all courts of this state as evidence of the facts therein stated.

(b) The provisions of section 35-16-3 and subsection (a) of this section are cumulative and shall not prevent any court from taking judicial knowledge of mortality tables, as provided by law, nor affect the admissibility of such tables in evidence when offered in any other lawful and proper manner.
Ala. Code § 35-4-111 — Alabama Code / Title 35 / Chapter 4 / Section 35-4-111
Section 35-4-111 Probate Judge Not Liable for Good Faith Errors
Status: in_force

The probate judge shall not be liable in damages or penalty for any error or mistake in the performance of the duties prescribed in this division if committed in good faith.
Ala. Code § 35-11-310 — Alabama Code / Title 35 / Chapter 11 / Section 35-11-310
Section 35-11-310 Lien Declared
Status: in_force

Any riparian proprietor who has lawfully erected or maintains in front of his property, in any water of this state, any boom, bulkhead, piles, or other structure, shall have right to charge any person who shall fasten thereto any vessel, boat, flatboat, raft, log or stick of timber or wood, $5.00 a day for every vessel or boat, other than a flatboat; $2.00 a day for each flatboat; $.05 a day for every pole, log, or stick of timber or wood, and shall have a lien for the collection of such charges upon such vessel, boat, flatboat, raft, log or stick of timber or wood.
Ala. Code § 35-12-48 — Alabama Code / Title 35 / Chapter 12 / Section 35-12-48
Section 35-12-48 Construction of Article
Status: reserved

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004.
Ala. Code § 35-19-9 — Alabama Code / Title 35 / Chapter 19 / Section 35-19-9
Section 35-19-9 Duration of Environmental Covenants
Status: in_force

(a) An environmental covenant is perpetual unless any of the following conditions apply:

(1) The covenant is limited to a specific duration or terminated by the occurrence of a specific event.

(2) The covenant is terminated or modified by consent pursuant to Section 35-19-10.

(3) The covenant is terminated or modified pursuant to subsection (b).

(4) The covenant is terminated by foreclosure of an interest that has priority over the environmental covenant.

(5) The covenant is terminated or modified in an eminent domain proceeding, but only if each of the following requirements are satisfied:

a. The department is a party to the proceeding.

b. All persons identified in subsections (a) and (b) of Section 35-19-10 are given notice of the pendency of the proceeding.

c. The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.

(b) If the department has determined that the intended benefits of the covenant can no longer be realized, or are no longer protective of human health and the environment, a court, under the doctrine of changed circumstances, in an action in which all persons identified in subsections (a) and (b) of Section 35-19-10 have been given notice, may terminate or modify the covenant or reduce its burden on the real property subject to the covenant. The departments’s determination or its failure to make a determination upon request is subject to review pursuant to the Alabama Administrative Procedure Act.

(c) Except as otherwise provided in subsections (a) and (b), an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.

(d) An environmental covenant may not be extinguished, limited, or impaired by application of any law relating to marketable title or dormant mineral interests.
Ala. Code § 35-9A-103 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-103
Section 35-9A-103 Supplementary Principles of Law Applicable
Status: in_force

Unless displaced by the provisions of this chapter, the principles of law and equity, including, but not limited to, the law relating to capacity to contract, mutuality of obligations, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause supplement its provisions.
Ala. Code § 35-9A-204 — Alabama Code / Title 35 / Chapter 9A / Section 35-9A-204
Section 35-9A-204 Landlord to Maintain Premises
Status: in_force

(a) A landlord shall:

(1) comply with the requirements of applicable building and housing codes materially affecting health and safety;

(2) make all repairs and do whatever is necessary to put and keep the premises in a habitable condition;

(3) keep all common areas of the premises in a clean and safe condition;

(4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

(5) provide and maintain appropriate receptacles and conveniences for the removal of garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and

(6) supply running water and reasonable amounts of hot water at all times and reasonable heat except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.

(b) If the duty imposed by subdivision (1) of subsection (a) is greater than any duty imposed by any other subdivision of that subsection, the landlord’s duty shall be determined by reference to subdivision (1) of subsection (a).

(c) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord’s duties specified in subdivisions (5) and (6) of subsection (a) and also specified repairs, maintenance tasks, alterations, and remodeling.

(d) The landlord and tenant of any dwelling unit other than a single family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:

(1) the agreement of the parties is set forth in a separate writing signed by the parties and supported by adequate consideration;

(2) the work is not necessary to cure noncompliance with subdivision (1) of subsection (a); and

(3) the agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.

(e) The landlord may not treat performance of the separate agreement described in subsection (d) as a condition to any obligation or performance of any rental agreement.

(f) Rights of the tenant under this section do not arise if the condition was caused by the willful or negligent act or omission of the tenant, a member of the tenant’s family, a licensee, or other person on the premises with the tenant’s consent.
Ala. Code § 35-6-22 — Alabama Code / Title 35 / Chapter 6 / Section 35-6-22
Section 35-6-22 Duty of Court to Declare Rights of Parties
Status: in_force

The court shall ascertain and declare the rights, titles, and interest of all the parties to such action, the plaintiffs as well as the defendants, and shall give judgment according to the rights of the parties.