Alabama Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Alabama records deeds with the judge of probate. Attorney review available.
Introduction
In Alabama a warranty deed carries the seller's guarantee to warrant and defend the buyer's title against the claims of all persons, a promise the drafter adds expressly because the statutory words grant, bargain, or sell in Section 35-4-271 reach only encumbrances the grantor created. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed covers only problems created during the seller's own ownership. Alabama is a warranty-deed state: unlike California, which uses a grant deed, most Alabama sales use a general warranty deed or the everyday statutory warranty deed. Under Alabama Code Section 35-4-271 the words grant, bargain, or sell in a conveyance are construed as covenants that the grantor held an indefeasible fee simple free from encumbrances the grantor created and for quiet enjoyment against the grantor, but those implied covenants reach only the grantor's own acts. A full general warranty comes from adding an express covenant to warrant and defend the title against the claims of all persons; Alabama does not codify those general-warranty words, so the drafter supplies them. You record the signed, acknowledged deed with the office of the judge of probate of the county where the land lies (Section 35-4-50). DocDraft builds your Alabama deed from your facts, with attorney review available before you record.
Key Things to Know
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A warranty deed gives the buyer the strongest title protection: the seller's guarantee of clear title and a promise to defend later claims. In Alabama that full defense against all persons needs an express warrant-and-defend clause.
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Alabama is a warranty-deed state, not a grant-deed state. Under Alabama Code Section 35-4-271 the words grant, bargain, or sell are construed as covenants that the grantor held an indefeasible fee simple free from encumbrances the grantor created and for quiet enjoyment against the grantor, but those covenants reach only the grantor's own acts.
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A full general warranty deed adds an express covenant to warrant and defend the title against the lawful claims of all persons, which also covers defects predating the grantor's ownership. Alabama does not codify those general-warranty operative words, so the deed drafter supplies them; a statutory warranty deed that only uses grant, bargain, sell carries the narrower Section 35-4-271 covenants.
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You record the signed, acknowledged deed with the office of the judge of probate of the county where the land lies (Alabama Code Section 35-4-50 and Section 35-4-51). Alabama is a notice recording state, so an unrecorded deed can be void against a later good-faith purchaser without notice (Section 35-4-90). Record promptly.
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The grantor must sign the deed, and it must be either acknowledged before a notary or attested by one witness (Alabama Code Section 35-4-20). An acknowledgment substitutes for the witness (Section 35-4-23), so a notarized Alabama deed needs no subscribing witness. The deed must also show the name and address of its preparer to be recordable (Section 35-4-110).
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Alabama charges a recordation privilege or license tax of 0.50 dollars for each 500 dollars, or fraction of 500 dollars, of the value of the property conveyed (Alabama Code Section 40-22-1). The value is established for the judge of probate, in practice on the Alabama Department of Revenue real estate sales validation form.
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If the property is the homestead of a married person, the deed is not valid unless the non-owner spouse also voluntarily signs and assents, shown by acknowledgment (Alabama Code Section 6-10-3). Alabama is not a community property state, but this homestead joinder rule can void a deed signed by only the owner-spouse.
Key decisions before you file
Before you file a Warranty Deed in Alabama, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
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Alabama Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Under Alabama Code Section 35-4-271 the words grant, bargain, or sell are construed as covenants that the grantor held an indefeasible fee simple free from encumbrances the grantor created and for quiet enjoyment against the grantor, but those implied covenants reach only the grantor own acts. A full general warranty adds an express covenant to warrant and defend against the lawful claims of all persons.
Alabama is a warranty-deed state, not a grant-deed state, and codifies no fill-in statutory deed form. Most sales use a general warranty deed (express warrant-and-defend against all persons) or a statutory warranty deed (grant, bargain, sell, carrying only the Section 35-4-271 covenants). A quitclaim deed gives no covenants and is used mainly for gifts or to clear title.
Record the signed, acknowledged deed with the office of the judge of probate of the county where the land lies (Alabama Code Section 35-4-50 and Section 35-4-51). Alabama is a notice recording state, so an unrecorded conveyance can be void against a later purchaser for value without notice (Section 35-4-90). The deed must also carry the preparer name and address to be recordable (Section 35-4-110). Record promptly.
The grantor must sign the deed, and it must be either acknowledged before an authorized officer such as a notary or attested by one witness (Alabama Code Section 35-4-20). An acknowledgment satisfies the witness requirement (Section 35-4-23), so a notarized Alabama deed needs no separate subscribing witness. Notarization is the standard recording path.
Alabama charges a recordation privilege or license tax of 0.50 dollars for each 500 dollars, or fraction of 500 dollars, of the value of the property conveyed, which is 1.00 dollars per 1,000 dollars (Alabama Code Section 40-22-1). Establish the value for the judge of probate, in practice on the Alabama Department of Revenue real estate sales validation form. A deed for nominal consideration to perfect title can be exempt under the same section.
Identify the grantor and grantee, state the consideration, and include the full legal description of the property (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed of record.
Alabama is not a community property state, but a conveyance of the homestead by a married person is not valid without the non-owner spouse voluntary signature and assent, shown by acknowledgment (Alabama Code Section 6-10-3). A warranty deed of homestead property signed by only the owner-spouse can be void. Confirm whether the property is the homestead before signing.
Choose the deed to match the protection intended. A general warranty deed warrants title against the lawful claims of all persons, including defects predating the grantor, through an express warrant-and-defend clause. A statutory warranty deed (grant, bargain, sell) gives only the Section 35-4-271 covenants for the grantor own acts. A quitclaim gives no covenants. The reason for the transfer usually points to the right one.
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Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. In Alabama the distinction turns on the operative words: under Alabama Code Section 35-4-271 a deed that uses grant, bargain, or sell carries covenants that the grantor held an indefeasible fee simple free of encumbrances the grantor created and for quiet enjoyment against the grantor. A quitclaim avoids those words, so it conveys the interest with no covenants of title.
A general warranty deed guarantees clear title against all claims, including defects that arose before the seller owned the property, and promises to defend the buyer. In Alabama that full protection comes from an express covenant to warrant and defend the title against the lawful claims of all persons, which the drafter adds. Alabama Code Section 35-4-271 separately provides that the words grant, bargain, or sell carry covenants of seisin, freedom from encumbrances the grantor created, and quiet enjoyment against the grantor, but those implied covenants reach only the grantor's own acts.
Alabama uses warranty deeds. Unlike California, which relies on the grant deed, most Alabama sales use a general warranty deed or an everyday statutory warranty deed. Alabama does not codify a fill-in statutory deed form; instead Alabama Code Section 35-4-271 gives the words grant, bargain, and sell their covenant effect. A general warranty deed adds an express warrant-and-defend clause for the broadest protection, while a quitclaim deed gives no covenants and is used mainly for gifts or to clear a cloud on title.
You record the signed, acknowledged deed with the office of the judge of probate of the county where the land lies (Alabama Code Section 35-4-50 and Section 35-4-51). The grantor's signature must be acknowledged before a notary or the deed must be attested by a witness first (Section 35-4-20), and the deed must carry the preparer's name and address (Section 35-4-110). Alabama is a notice recording state, so recording promptly protects you against a later good-faith purchaser without notice (Section 35-4-90).
Alabama does not require an attorney to prepare or record a deed; an individual may prepare their own warranty or quitclaim deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or the vesting can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Alabama deed from your facts, with attorney review available as an option before you record.
It needs one or the other, and notarization is the standard path. Under Alabama Code Section 35-4-20 a deed must be either attested by one witness or acknowledged before an authorized officer such as a notary. Section 35-4-23 provides that an acknowledgment satisfies the witness requirement, so a properly notarized Alabama deed needs no separate subscribing witness. Recording the deed also requires the preparer's name and address on its face (Section 35-4-110).
Yes. Alabama charges a recordation privilege or license tax of 0.50 dollars for each 500 dollars, or fraction of 500 dollars, of the value of the property conveyed, which is 1.00 dollars per 1,000 dollars of value (Alabama Code Section 40-22-1). The value is established for the judge of probate, in practice on the Alabama Department of Revenue real estate sales validation form. Certain transfers, such as a deed for nominal consideration to perfect title, are exempt under the same section.
A general warranty deed warrants the title against the lawful claims of all persons, including defects that arose before the seller owned the property, through an express warrant-and-defend covenant the drafter adds. A special or limited warranty deed, and the everyday Alabama statutory warranty deed that only uses grant, bargain, sell, warrants only against the grantor's own acts under Alabama Code Section 35-4-271. A quitclaim deed warrants nothing. The reason for the transfer usually points to the right one, and confirming how title is held before signing avoids a defective transfer.