AL Real Estate study materials
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AL Real Estate: Forms of Ownership, Transfer, and Recording of Title

AL Real Estate · Work through your exam, one topic at a time.

All guide sections

Forms of Ownership, Transfer, and Recording of Title

Concurrent ownership

Tenancy in common gives co-owners undivided but unequal shares with no survivorship; each interest is freely inheritable and conveyable. Joint tenancy requires the four unities of time, title, interest, and possession and produces survivorship. Alabama does not imply survivorship; the conveyance must state the survivorship intent expressly. A joint tenant who conveys severs the joint tenancy and creates a tenancy in common between the grantee and the remaining owners.

Estates and business forms

Fee simple absolute is the largest estate. Lesser estates include the life estate (followed by a remainder or reversion), the fee simple determinable (automatic reversion to the grantor), and the fee simple subject to a condition subsequent. Title may be held by individuals, general or limited partnerships, corporations, LLCs, trusts, syndications, condominiums (a unit plus an undivided interest in common elements), and cooperatives (stock plus a proprietary lease).

Transfer and recording

Title passes voluntarily by deed or will and involuntarily by foreclosure, tax sale, adverse possession, eminent domain, and escheat. Recording protects a grantee but never cures a defective deed. In Alabama the probate judge of the county where the land lies is the recording officer, and the recording statute protects a later purchaser for value who takes without notice. Notice may be actual, constructive (the public record), or inquiry (facts that would prompt a reasonable investigation).

Traps and worked example

Delivery and acceptance, not mere signing, make a deed operative. A quitclaim grantee generally cannot claim bona fide purchaser status for the interest quitclaimed. Worked example: A and B hold as joint tenants; A deeds her interest to C, severing the joint tenancy so that B and C hold as tenants in common, and B's half will pass to B's heirs rather than to C.