§ 35-8-5 — Unit Ownership, Possession, and Enjoyment

Alabama § 35-8-5

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 8: Condominium Ownership

Text

Any unit may be held and owned by one or more persons in any form of ownership, real estate tenancy, or relationship recognized under the laws of this state. A unit may be used for residential, commercial, industrial, professional, or any other use not prohibited by law. There shall be included with each unit the following:
(1) The private elements as set forth in the declaration.
(2) An undivided interest in such limited common elements as may be set forth in the declaration.
(3) The right of ownership and to exclusive use and possession of such private elements.
(4) The right to use such common elements and limited common elements in accordance with the declaration and bylaws, but consistent with the lawful rights of other unit owners.
(5) An exclusive easement for the use of any air space occupied by the private elements as they exist at any particular time and as they may lawfully be altered or reconstructed from time to time.
(6) Easements through other units for conduits, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to units and the common and limited common elements.
(7) An easement of support in every other unit which contributes to the support of such unit.
(8) The right of access to a public street or highway.
(9) Such other incidents to ownership, possession, and enjoyment as the declaration may provide.

Legislative History

(Acts 1973, No. 1059, p. 1732, §5.)