Alabama Statutes

§ 35-4-2 — Estate Taken as Fee Simple Unless Expressly Limited

Alabama § 35-4-2
JurisdictionAlabama
Title 35Property
Ch. 4Conveyances and Creation of Estates
Art. 1General Provisions

This text of Alabama § 35-4-2 (Estate Taken as Fee Simple Unless Expressly Limited) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ala. Code § 35-4-2 (2026).

Text

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.

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Related

United States v. 40 Acres of Real Property, More or Less
629 F. Supp. 2d 1264 (S.D. Alabama, 2009)
3 case citations

Legislative History

(Code 1852, §1299; Code 1867, §1569; Code 1876, §2178; Code 1886, §1824; Code 1896, §1020; Code 1907, §3396; Code 1923, §6900; Code 1940, T. 47, §14.)

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Bluebook (online)
Alabama § 35-4-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/35-4-2.