Title 35 — Title 35

Repealed by Acts 1989, No. 89-948, p. 1868. History: (Acts 1923, No. 71, p. 43; Code 1923, §§8875, 8877; Code 1940, T. 33, §§9, 11; Acts 1975, No. 1195, §3.)

Repealed by Acts 1989, No. 89-948, p. 1868. History: (Acts 1923, No. 71, p. 43; Code 1923, §8876; Code 1940, T. 33, §10.)

Every person, firm or corporation who shall do or perform any work or labor upon, or furnish any material for, any paving, curb, gutter, storm sewer, sanitary sewer or other improvement in or on any public or dedicated street, avenue, alley, or other public way, under or by virtu…

Such lien as to the land and buildings and improvements thereon shall have priority over all other liens, mortgages, or encumbrances created subsequent to the commencement of the work on any such street, avenue, alley, or any other public way. History: (Acts 1969, No. 1068, p. 19…

(a) It shall be the duty of every person entitled to such a lien to file in the office of the judge of probate of the county in which the property upon which the lien is sought to be established is situated, a statement in writing, verified by the oath of the person claiming the …

Actions for the enforcement of liens under this division may be brought in the circuit court in the county in which the property is situated. Such action shall be commenced by summons and complaint. The plaintiff may by one complaint enforce his lien as to each and every parcel o…

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 conde…

The provisions of this Code prohibiting the bringing of actions against personal representatives within six months after the granting of letters shall not apply to actions brought under the provisions of this division. History: (Acts 1969, No. 1068, p. 1989, §7.)

Whenever any such lien has been fully satisfied, the holder thereof must acknowledge satisfaction of the same on the margin of the record in the office of the judge of probate and any holders of such lien who, after having been fully paid, fails for 30 days after the demand in wr…

Any claim for which a lien is provided in this division may be assigned and the assignee shall thereby be invested with all of the rights of the original holder of the lien and be entitled to all of his remedies to enforce the same. History: (Acts 1969, No. 1068, p. 1989, §9.)

This division may be cited as the “Alabama Uniform Federal Lien Registration Act.” History: (Acts 1989, No. 89-948, p. 1868, §1.)

This division applies only to federal tax liens and to other federal liens notices of which under any act of congress or any regulation adopted pursuant thereto are required or permitted to be filed in the same manner as notices of federal tax liens. History: (Acts 1989, No. 89-9…

Every person, firm, or corporation renting or leasing any appliance, machinery, or equipment to another for use in construction of a building or improvement on land or in repairing, altering, or beautifying the same or for use in clearing, draining, excavating, or landscaping of …

The lien hereby created shall arise, be perfected and enforced in the same manner as liens otherwise provided for in division 8 of this article, and shall be subject to all conditions and limitations therein provided, except to the extent as such provisions may be modified hereby…

(a) Notices of liens, certificates, and other notices affecting federal tax liens or other federal liens must be filed in accordance with this division. (b) Notices of federal liens upon real property for obligations payable to the United States and certificates and notices affec…

Certification of notices of liens, certificates, or other notices affecting federal liens by the Secretary of the Treasury of the United States or his delegate, or by any official or entity of the United States responsible for filing or certifying of notice of any other lien, ent…

As used in this division the following terms have the following meanings: (1) BROKER. A broker as defined in Section 34-27-2. (2) CLIENT. A person or entity having an interest in commercial real estate that has entered into a written brokerage or agency agreement with a real esta…

Enforcement of Lien. (a) A real estate broker shall have a lien, in the amount of the compensation agreed upon by and between the broker and his or her client, upon commercial real estate or any interest therein which is subject to and described in the brokerage agreement and own…

All mortgages, other liens recorded prior to the recording of the broker’s lien provided by this division, all purchase money mortgages, and all liens for ad valorem taxes shall have priority over the broker’s lien provided by this division. Knowledge by mortgagee or other lienho…

Except as otherwise provided in this section, whenever a notice of lien has been given or recorded, an escrow account may be, but is not required to be, established in an amount sufficient to release the claim for lien. These moneys shall be held in escrow by the closing agent or…

(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 t…

(a) If a notice of a federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) is presented for filing, the filing officer shall cause the notice to be marked, held, and indexed in accordance with the provisions…

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is: (1) For a lien on real estate, the same as the then applicable uniform fee for filing and indexing financing statements pursuant to Section 7-9A-525 of the Uniform Commercial Code;…

This division shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this division among states enacting it. History: (Acts 1989, No. 89-948, p. 1868, §7.)

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 s…

All cases arising under the provisions of this chapter where the process of attachment is authorized for the enforcement of any lien declared hereby, except in cases of agisters or trainer liens and the lien declared to the owners of the stallions, jacks, bulls, etc., and, unless…

A lien is hereby declared on any ship, steamboat, or other watercraft, whether registered, enrolled, or licensed or not, that may be built, repaired, fitted, furnished, supplied, or victualed within this state, for work done, or material supplied by any person within this state, …

(a) Any keeper, owner, operator, or proprietor of any pasture kept for grazing stock or of any cattle or livestock feed or fattening lot, or any keeper, owner, or proprietor of any stable for the development or training of horses, or any person who keeps, fattens, feeds, cares fo…

The owner, keeper, or proprietor of any premises kept for grazing, feeding, boarding, training, or confining birds or animals for another shall have a lien on all such birds or animals so kept, fed, boarded, or trained, located or confined for the payment of his charges, and shal…

(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 u…

Laborers and employees of each railroad company operated in this state, except the officers thereof, shall have a lien for all debts due to them for work and labor done and performed by them for such company, which shall extend to and cover all the property, rights, effects, and …

Agricultural laborers and superintendents of plantations shall have a lien upon the crops grown during the current year in and about which they are employed, for the hire and wages due them for labor and services rendered by them in and about the cultivation of such crops under a…

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. History: (Code 1876, §3485; Code 1886, §3080; Code 1896, §2765; Code 1907, §4797; Code 1923, §8…

Attaches; Additional Affidavit. An agricultural laborer or superintendent of a plantation may sue out an attachment, whether his demand is due or not; but, in either event, he shall in addition to the affidavit required under the general provisions of this chapter, make affidavit…

When an attachment is sued out by an agricultural laborer or superintendent of a plantation, it shall not be levied on a greater portion of the crop than is sufficient to satisfy the plaintiff’s demand and the costs of the action. History: (Code 1876, §3483; Code 1886, §3083; Cod…

All the property upon which a lien is created under the provisions of this division, or the proceeds thereof, in the hands of third parties, shall be subject to garnishment for the enforcement and satisfaction of such lien; and such garnishment, and the proceedings thereunder, sh…

No part of any crop levied on under the provisions of this division shall be removed from the premises on which it was raised until all claims for rent and advances for the current year have been satisfied. History: (Code 1876, §3492; Code 1886, §3087; Code 1896, §2772; Code 1907…

Any officer enforcing the satisfaction of any lien under the provisions of this division shall first apply the proceeds of the crop or property in his hands to the payment of any debt or claim of any third party which constitutes a prior lien upon such crop or property, if the pr…

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. History: (Code 1923, §7992; Code 1940, T. 47, §155.)

The finder of a thing may in good faith, before giving it up, require reasonable proof of ownership from any person claiming it. History: (Code 1923, §7993; Code 1940, T. 47, §156.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §30.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §1; Acts 1996, No. 96-724, p. 1197, §1.)

Associations. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §2; Acts 1973, No. 1084, p. 1844, §1; Acts 1991, 1st Ex. Sess., No. 91-788, §1; Acts 1996, No. 96-724, p. 1197, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §3; Acts 1991, 1st Ex. Sess., No. 91-788, §2.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §4.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1984, 1st Ex. Sess., No. 84-814; p. 247; Act 99-588, p. 1343, §1.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §5; Acts 1991, 1st Ex. Sess., No. 91-788, §3.)

Organizations Held in Course of Dissolution. Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §6.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §7; Acts 1991, 1st Ex. Sess., No. 91-788, §4.)

Repealed by Act 2004-440, p. 755, §2, effective May 12, 2004. History: (Acts 1971, No. 63, p. 101, §8.)