Alabama § 35-4-90 Conveyances of Real Property Generally

Alabama Statutes

§ 35-4-90 — Conveyances of Real Property Generally

Alabama § 35-4-90

JurisdictionAlabama

Title 35Property

Ch. 4Conveyances and Creation of Estates

Art. 3Recordation and Registration in General

Div. 2Recordation Necessary as to Purchasers, Mortgagees, and Judgment Creditors

This text of Alabama § 35-4-90 (Conveyances of Real Property Generally) 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 § 35-4-90 (2026).

Text

(a)All conveyances of real property, deeds, mortgages, deeds of trust, or instruments in the nature of mortgages to secure any debts are 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, mortgagees, or judgment creditors.

(b)Subsection (a) of this section includes absolute conveyances of real property defeasible by a defeasance or other instrument, in which case such defeasance or instrument must be recorded, according to its character, within the time limited in subsection (a) of this section or it is void as to purchasers for a valuable consideration, mortgagees, and judgment creditors of the original grantee without notice.

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(a) All conveyances of real property, deeds, mortgages, deeds of trust, or instruments in the nature of mortgages to secure any debts are 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, mortgagees, or judgment creditors.
(b) Subsection (a) of this section includes absolute conveyances of real property defeasible by a defeasance or other instrument, in which case such defeasance or instrument must be recorded, according to its character, within the time limited in subsection (a) of this section or it is void as to purchasers for a valuable consideration, mortgagees, and judgment creditors of the original grantee without notice.

Legislative History

(Code 1852, §§1287-1289; Code 1867, §§1557-1559; Code 1876, §§2166-2168; Code 1886, §§1810-1812; Code 1896, §§1005-1007; Code 1907, §§3383, 3384; Code 1923, §§6887, 6888; Code 1940, T. 47, §§120, 121.)