Title 35 — Title 35

All persons of the age of 19 years and not under a legal incapacity may alien their lands and any interest therein, whether immediate or future, certain or contingent, by instrument in writing or by their last will, under the regulations prescribed by law. History: (Code 1852, §1…

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,…

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. History: (Acts 1965, No. 624, 1137, §2; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §2.)

This division shall not apply to the recording of any will, decree, court order, or judgment; nor to any instrument executed prior to July 21, 1972; except, that it shall apply to instruments executed since January 1, 1966, in counties having a population of over 600,000 inhabita…

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) ____.” History: (Acts 1965, No. 624, p. 1137, §5; Acts 1971, 3rd Ex. Sess., No. 178, p. 4438, §4.)

This division may be cited as the Alabama Uniform Real Property Electronic Recording Act. History: (Act 2009-510, p. 954, §1.)

In this division: (1) “Document” means information that is: a. Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. b. Eligible to be recorded in the land records maintained by the judge of probate. (2) “Electro…

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

(a) In this section, “paper document” means a document that is received by the judge of probate in a form that is not electronic. (b) A judge of probate: (1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the Ele…

(a) The Electronic Recording Commission consisting of 14 members is created to adopt standards to implement this division. The members shall be appointed as follows: (1) Six judges of probate or chief clerks appointed by the Alabama Probate Judges Association. (2) Two practicing …

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…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2009-510, p. 954, §7.)

This division modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery …

The judge of probate of each county in this state shall keep in his office as a public record a suitable book, to be called a lis pendens record. History: (Acts 1915, No. 77, p. 122; Code 1923, §6877; Code 1940, T. 47, §65.)

(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,…

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 p…

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. History: (Acts 1915, No. 77, …

The judge of probate, upon filing and recording each notice, shall index the same, both directly and indirectly, under the name of each party to the proceeding. History: (Acts 1915, No. 77, p. 122; Code 1923, §6880; Code 1940, T. 47, §68.)

If the notice required by Sections 35-4-131 and 35-4-132 shall not be entered in the lis pendens record, the action, proceeding, or application shall not affect the rights of a bona fide purchaser, lessee, or mortgagee of any interest in such land or any person then or thereafter…

Where the action, proceeding, or levy, notice of which has been entered in the lis pendens record, shall be terminated, whether on the merits or not, the court wherein the same was pending may direct the judge of probate who has custody of the record to make such entry thereof as…

When any lis pendens in an action or proceeding to enforce a lien has been filed and recorded in the office of the judge of probate, as prescribed in Sections 35-4- 131 and 35-4-132, the person owning or claiming the land described in the lis pendens may at any time, before a jud…

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. History: (Acts 1915, No. 77, p. 122; Code 1923, §6885; Code 1940, T. 47, §73.)

If any judge of probate shall fail to perform any of the duties required of him by this article, he shall be liable on his official bond to any party injured for all damages he may sustain; and, if any sheriff, constable, marshal, or other officer shall fail to file the notice pr…

Description. Any person claiming title to land directly or remotely from the grantee in a deed, mortgage, or other conveyance containing an erroneous description, may maintain a civil action in a circuit court for the reformation of such deed, mortgage, or other conveyance and sh…

In order to authorize a person claiming title under the grantee in a deed, mortgage, or other conveyance containing an erroneous description to maintain a civil action for the reformation of the same, it shall not be necessary that there shall be any error in description in all t…

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 …

When, through fraud, or a mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a deed, mortgage, or other conveyance does not truly express the intention of the parties, it may be revised by a court on the application of the part…

No estate or interest of any person can be defeated, discontinued, or extinguished by the act of any third person having a possessory or ulterior interest, except in the cases especially provided by this Code. History: (Code 1852, §1305; Code 1867, §1575; Code 1876, §2184; Code 1…

The tenant for life in personalty cannot remove it beyond the jurisdiction of this state without the consent of the remainderman. If he attempts to do so, the remainderman or reversioner is entitled to the writ of ne exeat to restrain him. History: (Code 1907, §3407; Code 1923, §…

Excepting in cases where the dower interest of the widow of a decedent is sold during process of administration of such decedent’s estate, in all cases where lands are sold for division among joint owners or tenants in common and where lands are taken under the power of eminent d…

(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 thei…

Any party feeling aggrieved by the finding of the court may invoke an appeal therefrom to the Supreme Court or the Court of Civil Appeals within 30 days from the date of such order or judgment by giving security for costs to be approved in the same manner as now provided for in a…

Every estate in lands is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less estate was intended. History: (Code 1852, §1299; Code 1867, §1569; Code 1876, §2178; Code 1886, §1824; Code 18…

Witnesses. 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, t…

A seal is not necessary to convey the legal title to land to enable the grantee to bring a civil action. Any instrument in writing, signed by the grantor or his agent having a written authority, is effectual to transfer the legal title to the grantee, if such was the intention of…

As used in this article, the following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates a different meaning: (1) ESTATE IN REMAINDER. One limited to be enjoyed after another estate is determined or at a time specifi…

Remainders are either vested or contingent. A vested remainder is one limited to a certain person at a certain time or upon the happening of a necessary event. A contingent remainder is one limited to an uncertain person or upon an event which may or may not happen. History: (Cod…

No estate in lands can be created by way of contingent remainder; but every estate created by any will or conveyance, which might have taken effect as a contingent remainder, has the same properties and effect as an executory devise. History: (Code 1852, §1301; Code 1867, §1571; …

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. His…

All writings which import on their face to be under seal are to be taken as sealed instruments and have the same effect as if the seal of the parties was affixed thereto. History: (Code 1852, §1315; Code 1867, §1585; Code 1876, §2194; Code 1886, §1840; Code 1896, §1036; Code 1907…

Requirements. The acknowledgment provided for in this article operates as a compliance with the requisitions of section 35-4-20 upon the subject of witnesses. History: (Code 1852, §1267; Code 1867, §1536; Code 1876, §2146; Code 1886, §1790; Code 1896, §984; Code 1907, §3357; Code…

Where a remainder created by a deed or will is limited to the heirs, issue, or heirs of the body of a person to whom a life estate in the same property is given, the persons who, on the termination of the life estate, are the heirs, issue, or heirs of the body of such tenant for …

An estate during the life of a third person, whether limited to his heirs or otherwise, is a freehold only during the life of the grantee or devisee; but after his death it is a chattel real. History: (Code 1852, §1594; Code 1867, §1915; Code 1876, §2279; Code 1886, §1950; Code 1…

Estate. A conveyance made by a tenant for life or years, purporting to convey a greater interest than he possesses or can lawfully convey, does not work a forfeiture of his estate but passes to the grantee all the estate which the tenant could lawfully convey. History: (Code 1852…

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 …

An acknowledgment or proof of any deed, mortgage, or other conveyance to or by a corporation, national banking association, building and loan association, savings and loan association, credit union, or limited liability company at any time taken by an officer authorized by law to…

No use, trust, or confidence can be declared of any land, or of any charge upon the same, for the mere benefit of third persons; and all assurances declaring any such use, trust, or confidence must be held and taken to vest the legal estate in the person or persons for whom the s…

Vest in Trustees. Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1852, §1307; Code 1867, §1577; Code 1876, §2186; Code 1886, §1832; Code 1896, §1028; Code 1907, §3409; Code 1923, §6913; Code 1940, T. 47, §145.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1852, §1310; Code 1867, §1580; Code 1876, §2189; Code 1886, §1835; Code 1896, §1031; Code 1907, §3410; Code 1923, §6914; Code 1940, T. 47, §146.)

Repealed by Act 2006-216, p. 314, §5, effective January 1, 2007. History: (Code 1923, §6915; Code 1940, T. 47, §147.)