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Preparation and familiarity with Alabama property law are important when transferring real estate. Whether acting as a seller (grantor) or buyer (grantee), reviewing Title 35 of the Code of Alabama provides the statutory framework governing deeds in the state.

In Alabama, a person conveying land must generally be at least 19 years old (35-4-1). A deed must be in writing, signed at the end by the grantor or an authorized representative, and properly witnessed (35-4-20). If the grantor signs by mark, two witnesses are required. A notary acknowledgment is also required, and the notary may serve as a witness when permitted (35-4-23).

Unlike many states, Alabama does not require a recital of consideration in the body of the deed (35-4-34). However, deeds submitted for recording must be accompanied by a Real Estate Sales Validation Form and documentation reflecting the sale price or actual value, unless exempt (40-22-1).

Vesting (how multiple owners hold title) is an important decision in Alabama. Joint tenancy does not automatically include rights of survivorship. Unless the deed expressly provides survivorship language, co-owners generally hold title as tenants in common, meaning a deceased owner’s interest passes through his or her estate. To create survivorship rights, the deed must clearly state that intent (35-4-7).

Warranty deeds in Alabama carry implied covenants when they use words such as “grant,” “bargain,” or “sell.” These words are construed as express promises that the grantor holds an indefeasible fee simple estate, free from encumbrances caused by the grantor, and that the grantee will have quiet enjoyment of the property unless otherwise limited (35-4-271).

Alabama law also permits a grantor to reserve certain rights or powers within the deed, including, in some cases, an absolute power of revocation if clearly expressed (35-4-290). Such reservations may affect how ownership is treated with respect to creditors and purchasers.

Recording is essential to protect ownership rights. Deeds and other instruments affecting real estate are recorded in the office of the probate judge in the county where the property is located (35-4-51; 35-4-62). Filing the deed for record constitutes notice of its contents to the public.

Recording requirements include proper witnessing or acknowledgment, payment of recording fees, and compliance with statutory formatting and content rules. A deed may be refused if it lacks required elements such as:

• A recital of the grantor’s marital status (35-4-73)
• A complete legal description, including referenced plats where applicable (35-4-74)
• A “prepared by” statement including the name and address of the individual who prepared the instrument (35-4-110)

If the property is identified as a homestead, a married person’s spouse must voluntarily sign and assent to the conveyance for it to be valid (6-10-3).

Alabama follows a notice recording system (35-4-90). An unrecorded deed may be valid between the parties, but it offers no protection against a later bona fide purchaser who records first. For example, if a grantor conveys property to one buyer who fails to record, and later conveys the same property to a second buyer who records promptly, the second buyer may prevail.

Careful preparation, proper execution, and timely recording are essential to ensure that a real estate transfer in Alabama is legally effective and fully protected.