Cherokee County Grant Deed Form

Alabama does not define the grant deed by name in its recording statutes, which means the deed's implied covenants — that the grantor has not previously conveyed the title and that no undisclosed encumbrances burden the property — rest on established legal practice rather than a named statutory form. That gap between statute and practice makes the Alabama Grant Deed a recognized middle-ground conveyance in the state, offering covenant protections that a quitclaim deed does not provide without the full scope of warranty that a general warranty deed imposes. One additional feature distinguishes the grant deed from many other conveyances: it passes after-acquired title, so if the grantor later acquires a better interest in the same property, that improved interest passes automatically to the grantee.

When to Use an Alabama Grant Deed

Grant deeds are used in Alabama when a grantor wants to convey real property with the implied assurance that title has not been previously transferred and that no hidden encumbrances exist beyond those stated in the deed itself. Common uses include transfers between family members, conveyances arising out of estate settlements, and transactions where the parties have agreed that a limited covenant is the appropriate level of protection for the deal at hand.

Implied Covenants and After-Acquired Title

Because Alabama statutes do not enumerate grant deed covenants by name, the protections attach by implication from the use of grant language in the deed. Two covenants arise: first, that the grantor has not previously conveyed the same property to any other party; second, that the grantor has not placed any encumbrances on the property that are not disclosed in the deed. These covenants run with the instrument but do not require the grantor to defend against title defects that predate the grantor's ownership — an important distinction from a general warranty deed. As for after-acquired title, a grantor who conveys by grant deed and later acquires a superior interest in that same property cannot retain the better title against the grantee; the improved interest passes automatically under the deed already delivered.

Execution Requirements Under Alabama Law

Alabama Code Section 35-4-20 governs deed execution. The grantor must sign. Beyond the signature, Alabama provides two valid paths: the deed may be attested by at least one witness who is able to write — or by two such witnesses if the grantor cannot write — or the grantor's signature may be acknowledged before an officer authorized to take acknowledgments. Either path satisfies the execution requirement; both are not required simultaneously. Most practitioners use notarized acknowledgment because it eliminates disputes about witness competency and is the path recording offices expect.

Alabama-Specific Requirements and Recording Traps

Marital Status Recital

Alabama deed practice requires that the grantor's marital status appear in the instrument. This is not a formality — it is essential to determining whether spousal joinder is required and to establishing a clear chain of title in the county records. Deeds that omit this information create title ambiguity that can surface on a future sale or refinance.

Homestead and Spousal Joinder

When the property being conveyed is the grantor's homestead, Alabama law requires the grantor's spouse to join in the deed, regardless of how title is held. A conveyance of homestead property without spousal joinder is voidable at the non-signing spouse's election. This rule applies even when title stands entirely in one spouse's name. Grantors transferring property used as a primary residence must confirm homestead status before execution.

Preparer Identification

Alabama requires that the name and address of the natural person who prepared the deed appear on the instrument. Recording offices will reject deeds that omit this information. The preparer identification must be on the face of the deed before it is submitted for recording — it cannot be added after the fact.

Alabama Deed Transfer Tax

Alabama imposes a transfer tax on deeds conveying real property for valuable consideration at a rate of $0.50 per $500 of consideration, or fraction thereof (Alabama Code Section 40-22-1). The tax is calculated on the full consideration and collected at the time of recording. Instruments claiming an exemption must state the basis for the exemption on the face of the deed; a bare omission of consideration language is not sufficient.

Vesting and Survivorship Language

When a deed conveys property to two or more grantees without specifying the manner of holding, Alabama defaults to tenancy in common — meaning each grantee holds a separate, inheritable share with no automatic right of survivorship. Joint tenancy with right of survivorship does not arise by implication in Alabama; the deed must expressly provide for survivorship to create that form of co-ownership. Grantors conveying to multiple parties should confirm the vesting language reflects the intended ownership structure before signing.

Recording with the Alabama Judge of Probate

Alabama deeds are recorded in the office of the judge of probate in the county where the property is located — not with a county recorder or clerk of court, as is the case in most other states. Recording serves as constructive notice of the deed's contents to all subsequent purchasers and creditors. Under Alabama's race-notice recording act, a grant deed is inoperative and void against a subsequent purchaser for valuable consideration, mortgagee, or judgment creditor without notice unless the deed is recorded before that party's rights accrue (Alabama Code Section 35-4-90). Prompt recording after execution is the only way to secure the grantee's priority against competing claims.

What's Included in the Alabama Grant Deed Package

The Alabama Grant Deed package includes the deed form, a detailed guide covering Alabama-specific execution and recording requirements, and a completed example for reference. The form is formatted to meet Alabama recording standards, including the preparer identification block and transfer tax disclosure.