Real estate law is the set of rules governing how land is owned, transferred, financed and used. Every state does it differently.
In Alabama, three provisions carry most of the weight in everyday practice: § 35-4-20 (what a deed must be), § 35-4-50 (record it with the probate judge), and § 35-4-90 (recording is what gives you priority over everyone else).
The three that matter most
| Section | What it does |
|---|---|
| § 35-4-20 | A conveyance must be written or printed, signed at its foot by the party or an agent with written authority, and attested by one witness — two if the party cannot write or signs by mark |
| § 35-4-23 | An acknowledgment satisfies the witness requirement. This is why Alabama deeds are notarized rather than witnessed |
| § 35-4-24 | Who may take an acknowledgment: notaries public, probate judges, court clerks and various judges |
| § 35-4-50 | Conveyances required to be recorded “must be recorded in the office of the judge of probate” |
| § 35-4-51 | Filing for registration constitutes notice of the instrument’s contents |
| § 35-4-90 | An unrecorded conveyance is void as to purchasers for value, mortgagees and judgment creditors without notice |
Alabama is a race-notice jurisdiction in practical effect. A conveyance is “inoperative and void as to purchasers for a valuable consideration, mortgagees, and judgment creditors without notice, unless the same have been recorded before the accrual of the right of such purchasers.”
Signing a deed does not protect you. Recording it does.
Ala. Code § 35-4-90(a).What the field actually covers
- Conveyancing — deeds, closings, title searches, title insurance.
- Financing — mortgages, and the recording tax on them under § 40-22-2.
- Title curative work — fixing gaps, defective descriptions, unreleased mortgages and missing heirs.
- Boundaries and easements — where the line is, and who may cross.
- Leasing — commercial and residential, with anything over a year required to be in writing under § 8-9-2(5).
- Land use — zoning, subdivision, restrictive covenants.
- Succession — how land passes at death, which in Alabama is where the probate court and the land records meet.
Have a specific property question?
Bring the deed and any survey you have. Reading them and telling you plainly what they say is a short appointment.
Taxes on the transfer
Alabama charges recording tax on the instrument, not an income tax on the transfer.
| Instrument | Rate | Per $1,000 |
|---|---|---|
| Deed | $0.50 per $500 of value conveyed, or fraction | $1.00 |
| Mortgage | $0.15 per $100 of initial indebtedness, or fraction | $1.50 |
Section 40-22-1(b) exempts certain conveyances, including deeds for nominal consideration given to perfect title. County recording fees are charged separately and vary widely — Limestone charges $4.00 for the first page and $3.00 for each additional; Madison charges $25.75 and $2.50.
Who may do the work in Alabama
Under § 34-3-6 drawing a document affecting secular rights for consideration is the practice of law, and a title business may not prepare such instruments unless it has a proprietary interest in the property. In Coffee County Abstract & Title Co. v. State ex rel. Norwood, 445 So. 2d 852 (Ala. 1983), the Supreme Court of Alabama enjoined non-lawyers from conducting closings at which they gave legal advice or opinions on the effect of documents. Alabama State Bar RO-94-01 permits non-lawyers to conduct closings while performing only ministerial functions.
So: a title company can run the closing. The deed and the advice come from a lawyer.
Basic Alabama real estate law questions
Is Alabama an attorney closing state?
No. A non-lawyer may conduct a closing, but under Coffee County Abstract & Title Co. v. State and Ala. State Bar RO-94-01 they may only perform ministerial functions and may not give legal advice. Preparing the deed is the practice of law under § 34-3-6.
Does an Alabama deed have to be notarized?
Strictly, § 35-4-20 requires attestation by a witness. But § 35-4-23 provides that an acknowledgment satisfies that requirement, and in practice virtually all Alabama deeds are acknowledged before a notary rather than witnessed.
What happens if I never record my deed?
You may still hold rights against the person who conveyed to you, but under § 35-4-90 the conveyance is void as to a later purchaser for value, mortgagee or judgment creditor without notice. In practice an unrecorded deed is a serious risk.
How much is the deed transfer tax in Alabama?
$0.50 for each $500 of value conveyed under § 40-22-1 — that is $1.00 per $1,000. Mortgages are taxed at $0.15 per $100 of initial indebtedness under § 40-22-2, or $1.50 per $1,000.
Where are Alabama land records kept?
In the office of the judge of probate for the county where the land is located, under § 35-4-50. Several North Alabama counties offer online search of their land records.
Property questions get cheaper the earlier you ask
Closings, deeds, title work and boundary matters across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Daniel Shawn Pickens
Attorney at Daniel S. Pickens Law in Athens, Alabama. The firm handles estate planning, probate, real estate closings and title work, deeds, business formation and contracts for families and businesses across Limestone, Madison, Morgan, Lauderdale, Colbert, Franklin and Lawrence Counties.
Questions about a real estate matter? Email closing@dsp.law or call 256-434-1678.
Daniel S. Pickens Law · 300 West Green Street, Athens, Alabama 35611
