reglab/housing_qa huggingface dataset:
AL Code § 35-4-384 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-384 - Sale of Contingent Interests by State Institutions.

Section 35-4-384Sale of contingent interests by state institutions. 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. (Acts 1927, No. 29, p. 32; Code 1940, T. 47, §56.)
AL Code § 35-4-385 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-385 - Conveyance of Lands Owned by the State.

Section 35-4-385Conveyance of lands owned by the state. When any department of the state, having power and authority to obtain and negotiate a sale of any lands claimed or owned by the state, shall certify to the Governor that such sale has been obtained and negotiated, that all requirements of law with respect to such sale have been complied with and such sale is concurred in by the Governor, the Governor may cause a patent to issue under the seal of the state, signed by the Governor and attested by the Secretary of State, conveying such property. The recitals contained in said conveyance shall be conclusive evidence that all requirements for the issuance thereof have been complied with. (Code 1852, §1350; Code 1867, §1620; Code 1876, §2228; Code 1886, §1875; Code 1896, §2699; Code 1907, §888; Code 1923, §1498; Code 1940, T. 47, §57.)
AL Code § 35-4-386 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-386 - Patent to Decedent Vests Title in His Successors.

Section 35-4-386Patent to decedent vests title in his successors. Where patents for public lands have been or may be issued pursuant to any law of the State of Alabama to a person who has died before the date of such patent, the title to the land designated therein shall enure to and become vested in the heirs, devisees, or those who have succeeded to the interest of such deceased patentee as if the patent had issued to the deceased person during life. (Acts 1961, No. 891, p. 1405.)
AL Code § 35-4-387 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-387 - Recordation of Patents.

Section 35-4-387Recordation of patents. The Secretary of State must record, in well-bound books, all grants and patents issued by the state. (Code 1852, §1351; Code 1867, §1621; Code 1876, §2229; Code 1886, §1876; Code 1896, §2700; Code 1907, §889; Code 1923, §1499; Code 1940, T. 47, §58.)
AL Code § 35-4-388 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-388 - When Purchaser Entitled to Receive Patent.

Section 35-4-388When purchaser entitled to receive patent. All purchasers of real property belonging to this state, their heirs and assigns, except in cases otherwise provided by this Code, are entitled to receive a patent therefor on producing to the Secretary of State a certificate signed by the State Treasurer that the amount due for such real estate has been paid into the State Treasury. (Code 1852, §1352; Code 1867, §1622; Code 1876, §2230; Code 1886, §1877; Code 1896, §2701; Code 1907, §890; Code 1923, §1500; Code 1940, T. 47, §59.)
AL Code § 35-4-389 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-389 - Patents for Swamp and Overflowed Lands.

Section 35-4-389Patents for swamp and overflowed lands. The Governor may issue patents to the purchasers of swamp and overflowed lands or lands in lieu of swamp and overflowed lands which were made prior to October 10, 1903, and which may have been patented to this state, or which may hereafter be so patented, upon satisfactory proof being made to him that such lands have been fully paid for in money or in scrip sold and transferred by him and authorized by the acts of Congress to be received in payment for such lands. (Code 1896, §2702; Code 1907, §891; Code 1923, §1501; Code 1940, T. 47, §60.)
AL Code § 35-4-390 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-390 - Prior Conveyances Ratified and Confirmed.

Section 35-4-390Prior conveyances ratified and confirmed. 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. (Acts 1923, No. 44, p. 26; Code 1923, §6852; Code 1940, T. 47, §61.)
AL Code § 35-4-391 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 16 - Conveyances, etc., by Governor or State Agency or Institution.|Section 35-4-391 - Conveyances in Cases of Lost Deeds or Adverse Possession.

Section 35-4-391Conveyances in cases of lost deeds or adverse possession. When it is made to appear to the satisfaction of the Attorney General, by the owner or claimant of any land owned or claimed by the state, that such land has been previously conveyed by the state, and the original conveyance or a duly certified copy thereof cannot be located or obtained, or that the state has lost its interest in such land by adverse possession, a conveyance may be executed to the purchaser, owner, or claimant in the manner authorized in Section 35-4-385. (Code 1923, §6851; Acts 1931, No. 592, p. 674; Code 1940, T. 47, §62.)
AL Code § 35-4-410 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 17 - Alienation of Certain Public Improvements by Political Subdivisions of State.|Section 35-4-410 - Authorization to Alienate Public Recreational Facilities and Housing Projects.

Section 35-4-410Authorization to alienate public recreational facilities and housing projects. The governing bodies of counties, cities, towns, and other subdivisions of the state shall have full power and authority to alienate public parks and playgrounds, other public recreational facilities and public housing projects on such terms as may be agreeable to them, provided such alienation is first approved by a majority of the qualified electors of the county, city, town, or subdivision affected thereby voting in a referendum election held for such purpose. (Acts 1956, 2nd Ex. Sess., No. 103, p. 425, §1.)
AL Code § 35-4-411 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 17 - Alienation of Certain Public Improvements by Political Subdivisions of State.|Section 35-4-411 - Ordinance or Resolution Describing Proposed Conveyance.

Section 35-4-411Ordinance or resolution describing proposed conveyance. 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. (Acts 1956, 2nd Ex. Sess., No. 103, p. 425, §2; Acts 1994, No. 94-480, p. 797, §1.)
AL Code § 35-4-412 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 17 - Alienation of Certain Public Improvements by Political Subdivisions of State.|Section 35-4-412 - Referendum Election.

Section 35-4-412Referendum election. The county or municipal governing body shall provide for a referendum election to be held on the proposal made in the resolution or ordinance, and the resolution or ordinance shall be effective only in the event the proposal is approved by a majority of the qualified electors of the county, city, town or other subdivision affected thereby voting in such referendum election. (Acts 1956, 2nd Ex. Sess., No. 103, p. 425, §3.)
AL Code § 35-4-430 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 18 - Private Transfer Fees.|Section 35-4-430 - Intent.

Section 35-4-430Intent.  The Legislature finds and declares that the public policy of this state favors the marketability of real property and the transferability of interests in real property free of title defects or unreasonable restraints on alienation. The Legislature further finds and declares that private transfer fee obligations violate this public policy by impairing the marketability and transferability of real property and by constituting an unreasonable restraint on alienation regardless of the duration of the obligation to pay a private transfer fee, the amount of a private transfer fee, or the method by which any private transfer fee is created or imposed. Thus, the Legislature finds and declares that a private transfer fee obligation should not run with the title to property or otherwise bind subsequent owners of property under any common law or equitable principle. (Act 2011-260, p. 474, §1.)
AL Code § 35-4-432 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 18 - Private Transfer Fees.|Section 35-4-432 - Prohibition.

Section 35-4-432Prohibition.  A private transfer fee obligation recorded or entered into in this state on or after May 25, 2011, does not run with the title to real property and is not binding on or enforceable at law or in equity against any subsequent owner, purchaser, or mortgagee of any interest in real property as an equitable servitude or otherwise. Any private transfer fee obligation that is recorded or entered into in this state on or after May 25, 2011, is void and unenforceable. This section does not create a presumption that a private transfer fee obligation recorded or entered into in this state before May 25, 2011, is valid and enforceable. (Act 2011-260, p. 474, §1.)
AL Code § 35-4-433 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 18 - Private Transfer Fees.|Section 35-4-433 - Liability for Violations.

Section 35-4-433Liability for violations.  (a) Any person who records or enters into an agreement imposing a private transfer fee obligation in his or her favor after May 25, 2011, shall be liable for: (1) Any and all damages resulting from the imposition of the private transfer fee obligation on the transfer of an interest in the real property, including, but not limited to, the amount of any transfer fee paid by a party to the transfer.  (2) All attorney fees, expenses, and costs incurred by a party to the transfer or mortgagee of the real property to recover any private transfer fee paid or in connection with an action to quiet title.  (b) Where an agent acts on behalf of a principal to record or secure a private transfer fee obligation, liability shall be assessed to the principal, rather than the agent. (Act 2011-260, p. 474, §1.)
AL Code § 35-4-434 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 4 - Conveyances and Creation of Estates.|Article 18 - Private Transfer Fees.|Section 35-4-434 - Disclosure.

Section 35-4-434Disclosure.  (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. (Act 2011-260, p. 474, §1.)
AL Code § 35-6-1 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 1 - General Provisions.|Section 35-6-1 - Deposit of Unclaimed Money in County Treasury; Payment Upon Order of Court.

Section 35-6-1Deposit of unclaimed money in county treasury; payment upon order of court. (a) When a sale of premises is made, and no person appears to claim such portion of the money as may belong to any nonresident or person whose name is unknown, the court shall require such money to be deposited in the county treasury, subject to the further order of the court. All money so required to be deposited shall be received by the county treasurer and paid upon the order of the court. (b) When money is deposited in the county treasury under the provisions of this chapter, the person or persons entitled to the same may, at any time, apply to the court making the order of sale, and obtain an order for the same upon making satisfactory proof to the court of his or her right thereto. (Code 1923, §§9336, 9337; Code 1940, T. 47, §§184, 185.)
AL Code § 35-6-20 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 2 - Partition in Circuit Court.|Section 35-6-20 - Jurisdiction of Circuit Court to Divide or Sell for Division.

Section 35-6-20Jurisdiction of circuit court to divide or sell for division. 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. (Code 1886, §3262; Code 1896, §3187; Code 1907, §5231; Acts 1909, No. 123, p. 124; Code 1923, §9331; Code 1940, T. 47, §186.)
AL Code § 35-6-21 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 2 - Partition in Circuit Court.|Section 35-6-21 - Interpleader.

Section 35-6-21Interpleader. 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. (Code 1923, §9332; Code 1940, T. 47, §187.)
AL Code § 35-6-22 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 2 - Partition in Circuit Court.|Section 35-6-22 - Duty of Court to Declare Rights of Parties.

Section 35-6-22Duty of court to declare rights of parties. 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. (Code 1923, §9333; Code 1940, T. 47, §188.)
AL Code § 35-6-23 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 2 - Partition in Circuit Court.|Section 35-6-23 - Determination of Questions of Title and Adjustment of Equities.

Section 35-6-23Determination of questions of title and adjustment of equities. (a) If the title of the plaintiffs seeking partition or sale of lands for a division shall be controverted, or should the title or claim of any of the parties to the action be adverse to that of one or more of the other parties, the question of title shall be tried and determined in the action by the circuit court, which shall have power to determine all questions of title, and to remove all clouds upon the title, if any, of the lands, whereof partition is sought and to apportion incumbrances, if partition be made of land incumbered and it be deemed proper to do so; and the court may adjust the equities between and determine all claims of the several cotenants or claimants as well as the equities and claims of the incumbrancers; and may adjust, settle, and determine all questions as to dower or curtesy as if separate proceedings had been brought to settle and determine these questions. (b) In actions for partition of lands, either by metes and bounds or by sale for division when the same cannot be equitably partitioned among the owners, if the defendant denies the title of the plaintiff or asserts an adverse claim or title in himself, the circuit judge need not dismiss the complaint, but may direct the issue as to the title of the complainant, or as to such adverse claim or title of the defendant, to be tried as other issues of fact are triable. (Code 1867, §3466; Code 1876, §3893; Code 1886, §3588; Code 1896, §828; Code 1907, §§3205, 5232; Acts 1920, No. 122, p. 164; Code 1923, §§6635, 9334; Code 1940, T. 47, §§189, 119.)
AL Code § 35-6-24 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 2 - Partition in Circuit Court.|Section 35-6-24 - Partition Without Commissioners; Owelty.

Section 35-6-24Partition without commissioners; owelty. If, at the hearing, it appears that the intervention of commissioners is unnecessary to secure an equal partition in kind, or that the same can be effected by providing owelty, and that it would best promote the interest of the parties, the circuit court may order the partition and fix the amount to be paid by one or several cotenants to another or others; or this may be done on hearing the report of the commissioners. (Code 1907, §5233; Code 1923, §9335; Code 1940, T. 47, §190.)
AL Code § 35-6-25 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 2 - Partition in Circuit Court.|Section 35-6-25 - Service of Process on Certain Parties Defendant; Guardian Ad Litem; Judgment Not Affected by Death of Defendant; Section Cumulative.

Section 35-6-25Service of process on certain parties defendant; guardian ad litem; judgment not affected by death of defendant; section cumulative. (a) When it is necessary to make any person a party defendant in any partition proceedings brought under the provisions of this article for partition sale of land, or any interest therein and the plaintiff, after exercising reasonable diligence, is unable to locate the whereabouts, and to ascertain whether any such defendant is alive at the time of the filing of the complaint, the facts showing just what diligence the plaintiff has exercised must be specifically alleged in the complaint, and such defendant may then be made a party, by publication as in the case of unknown defendants, in his name followed by the words: " ____ and his heirs or devisees, if deceased." If the defendant so sued does not appear in person or by attorney before expiration of the time for filing pleadings in the case, the court shall appoint a guardian ad litem to represent his interest. A valid judgment may be entered against such defendant, binding on both him and his heirs or devisees, regardless of whether it be later shown that such defendant was or was not living at the time of the filing of the complaint. (b) This section is cumulative. (Acts 1965, 2nd Ex. Sess., No. 100, p. 133.)
AL Code § 35-6-40 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-40 - Property Subject to Partition; by Whom Application Made.

Section 35-6-40Property subject to partition; by whom application made. 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. (Code 1852, §2677; Code 1867, §3105; Code 1876, §3497; Code 1886, §3237; Code 1896, §3161; Code 1907, §5203; Code 1923, §9303; Code 1940, T. 47, §192.)
AL Code § 35-6-41 (2021)
2021 Code of Alabama|Title 35 - Property.|Chapter 6 - Partition.|Article 3 - Partition in Probate Court.|Section 35-6-41 - Partition of Land Lying Partly in Different Counties.

Section 35-6-41Partition of land lying partly in different counties. When partition is sought of a tract of land lying partly in different counties, the application may be made to the probate court of either county, and the partition shall be made at the courthouse of the county of the judge of such court; and when made, the judge of such court shall, on demand and payment of lawful fees therefor, furnish to each party in interest a certificate, under his official seal, of the lots or parcels allotted to him, and the book and page where the proceedings are recorded; and the record of such certificate in the proper office of the county in which such lots or parcels, or any part thereof, lie, shall operate as notice of its contents. (Code 1876, §§3499, 3500; Code 1886, §3238; Code 1896, §3162; Code 1907, §5204; Code 1923, §9304; Code 1940, T. 47, §193.)