Code of Alabama
Ala. Code § 35-4-63 (2026)
Recording Effective as Notice of Contents of Conveyance.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgment or probate thereof as required by law.
(Code 1852, §1274; Code 1867, §1543; Code 1876, §2153; Code 1886, §1797; Code 1896, §991; Code 1907, §3373; Code 1923, §6860; Code 1940, T. 47, §102.)
Notes of Decisions
Cited in 10
cases (1 in the last 5 years), 1985–2025 · leading case: Willow Lake Resi. Asso. v. Juliano, 2081099 (ala.civ.app. 8-27-2010), 80 So. 3d 226 (Ala. Civ. App. 2010).
Willow Lake Resi. Asso. v. Juliano, 2081099 (ala.civ.app. 8-27-2010), 80 So. 3d 226 (Ala. Civ. App. 2010). “Regardless of the failure of the Association to fulfill its self-imposed custom of delivering an actual copy of the restrictive covenants to new homeowners in the subdivision, the Julianos were charged by law with notice of the contents of those covenants because the restrictive…”
Calvert v. Swinford, 2016 OK 100, 382 P.3d 1028. “” Ala. Code 35-4-63; Craig v. Craig, 372 So.”
Long v. Jefferson Cnty., 623 So. 2d 1130 (Ala. 1993). “" Section 35-4-63 reads as follows: "The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgment or probate thereof…”
Upton v. Mississippi Valley Title Ins. Co., 469 So. 2d 548 (Ala. 1985). “) "§ 35-4-63 "The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgement or probate thereof as required by law.”
Health Sci. Prods., Inc. v. Taylor (In re Health Sci. Prods., Inc.), 183 B.R. 903 (Bankr. N.D. Ala. 1995). “Ala.Code 1975, § 35-4-63 — Recording effective as notice of contents of conveyance.”
Whitehead v. Hester, 512 So. 2d 1297 (Ala. 1987). “The evidence was sufficient to dispute the Whiteheads' and Champion's assertions that they had no notice, actual or constructive, that Hester and Farned's chain of title was duly recorded among the records of Franklin and Colbert Counties.”
Hinote v. Owens, 248 So. 3d 964 (Ala. 2017). “See § 35-4-63, Ala. Code 1975 ('The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgment or probate thereof as…”
Harrison v. Alabama Forever Wild Land Trust, 4 So. 3d 1114 (Ala. 2008). “See § 35-4-63, Ala.Code 1975 (“The recording in the proper office of any conveyance of property or other instrument which may be legally admitted to record operates as a notice of the contents of such conveyance or instrument without any acknowledgment or probate thereof as…”
Calvert v. Swinford, 2016 OK 100. “" Ala. Code §35-4-63 ; Craig v. Craig , 372 So.”
Howard Ross v. West Wind Condo. Ass'n, No. CL-2025-0064 (Ala. Civ. App. July 25, 2025). “Section 35-4-63 provides that the recording in the proper office of any conveyance of property that may be legally admitted to record operates as a notice of the contents of such a conveyance without any acknowledgment or probate thereof as required by law.”
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