§ 35-4-51.1 — Recordation of Memorandum of Lease; Contents; Effect

Alabama § 35-4-51.1

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 4: Conveyances and Creation of Estates
• Art. 3: Recordation and Registration in General
• Div. 1: General Provisions

Text

(a) A memorandum of a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged by the lessor and the lessee and contains:
(1) The names of the lessor and lessee;
(2) The term of the lease;
(3) Any option of the lessee to renew or extend the term of the lease; and
(4) The specific legal description of the leased premises, or a survey or plot plan authorized under subsection (c) showing the location of the leased premises.
(b) A memorandum recorded under this section may also contain any other agreement made between the lessor and the lessee in the lease.
(c) A survey or plot plan may be used in lieu of a specific legal description to describe:
(1) Any part of a building on the leased premises, if the specific legal description of the real property on which the building is located is set forth in the memorandum, survey, or plot plan;
(2) Any part of the leased premises that is part of a larger tract of land, if the specific legal description of the larger tract is set forth in the memorandum, survey, or plot plan; or
(3) Real property of the lessor, in addition to the leased premises if:
a. The use of such additional real property is restricted, benefitted, or otherwise affected by the terms of the lease; and
b. The specific legal description of the additional real property is set forth in the memorandum, survey, or plot plan.
(d) As to the provisions contained in a memorandum recorded under this section, recording the memorandum has the same effect as recording the lease itself.

Legislative History

(Acts 1989, No. 89-942, p. 1850, §1.)