Alabama Property Records

Alabama property records contain information about real property within state lines. Some are legal documents, like deeds and building permits, and others, like appraisals, are informational. Each type of property record serves a specific purpose, such as transferring ownership or providing a value.

Sources of Property Records in Alabama

Alabama is proud to operate differently than other states. It has some unique laws and practices. For example, deeds are handled by the courts rather than a local government office within the county. If you need to record/file a deed, you will bring it to the county Judge of Probate within the county where the property lies. Madison County has a website with specific instructions on how to do that. If you have an issue with your property taxes, you will take that up with the county commissioner. The Alabama Department of Revenue oversees all county commissioners. If you need help getting a building permit, contact the city or county building official.

Unlike many states, Alabama uses the courts to file and maintain its property records. The probate court handles real property records like deeds, mortgages, liens, and even things like birth certificates, marriages, and divorces.

How Property Records are Maintained in Alabama

Older records in Alabama are stored and maintained on microfilm. However, all current records are maintained and publicly available online through the county's probate court website.

Accessing Records at the Probate Court in Alabama

The public has the right to access any public property records in Alabama. You can do so easily by using the court's probate website. For example, Mobile County has one of the largest libraries of property records and information in the state. The trick is knowing which probate court you need. Here are a few counties to help you get started:

Probate Court Locations in Alabama

Finding the correct records means knowing which probate court to contact. You can find the correct one using this county resource prepared by the Alabama Department of Revenue.

During a property history search, you may come across many different types of property records. Each one is important and contains valuable information you can use when dealing with real property. They come in very handy when buying or selling Alabama property.

Easements and Covenants

Easements and covenants are common things you might see with deeds and other types of property records. Easements are rights-of-way allowing someone other than the owner to access the property whenever they need to. It could be as simple as a designated wildlife preserve on private property. Government officials and researchers may have the right to access the land to observe different species.

Covenants are rules about how you can use the property. They are not optional and are typically found in condo developments and gated communities. Some places have strict laws about how you can decorate the outside of your home or use specified paint colors. The purpose of covenants is to retain value and maintain harmony in a close community.

Plats and Surveys

Plats and surveys are types of maps. Each shows boundaries, but plats show the boundaries of all neighboring properties, whereas surveys only show the boundaries of a single property.

Historical Property Records

It can be fun to look up the property history of a specific piece of land. You can do so easily by visiting the Alabama Historical Commission (AHC) to find records about the history and landmarks within the state.

Building Permits and Regulations in Alabama

Building permits are licenses that allow you to renovate your home, demolish a building, or build something new.

Each county handles building permits differently. For example, Shelby County has a process for applying for a building permit with the Shelby County Commission. Huntsville, Alabama, requires that homeowners and contractors use their ePlans online system to apply for building permits.

Property records come in handy in various situations. You may want to determine who owns a specific property or how much it is worth. There are also times when you will want to verify your own property records to ensure they are correct and updated. There are many ways to search for property records.

Online Property Record Search

Your first stop on the property history search train should be a basic online search. Type the property address or current owner's name into a search bar and see what comes up. You might get lucky or have to take another swing at it.

In-Person Property Record Search

The probate courts and local county government offices welcome the public and will provide you with records upon request. You may have to wait and pay a fee, and you can only visit during regular business hours.

Using Property Record Indexes

Property record indexes are plentiful across the internet. Some are free, and some are paid. Be careful; you never know how often the records are updated or if they contain errors.

How to Search Property Records by Address

Finding property records when you search using the address is much easier. Type the full property address into a search portal and review the results.

How to Search Property Records by Name

You can sometimes search for property records by the owner's name or a past owner's name. However, you may get less accurate results and have to dig through many similar names.

Homeownership is amazing; you own your own piece of land and a home. However, it also comes with responsibilities like upkeep, paying mortgage, interest, and property taxes. It's also important to note that your name will appear in property records as the current owner.

You probably don't think about the legal property description, but it is an essential piece of information. Each property has its own legal description consisting of map coordinates, plats, surveys, and a written description using natural landmarks and other defining factors so anyone can easily find it.

Surveys and Land Measurements

Surveys use special tools to measure the land and determine the exact coordinates, giving each property a unique address. They are essential during new construction and utility installation and also come in handy during boundary disputes.

Boundary Disputes and Resolutions

Whenever someone believes another person is using their land or trespassing, it can result in a boundary dispute. Neighbors sometimes end up in court to hash it out. Judges rely on surveyors to come in and produce testimony to clear things up.

Liens are encumbrances that stain the reputation of a piece of real property. Normal liens like mortgage liens are not bad, but if a property has too many liens, it can be challenging to sell. Those liens must be paid off before someone can buy it. There are two main types of liens: voluntary and involuntary.

Voluntary Liens

Voluntary liens are just what they sound like. These are liens that you choose to allow on your home in return for money. You use your house as collateral when you take out loans like home equity loans or mortgages.

Involuntary Liens

Involuntary liens are serious business. You do not get to choose involuntary liens; they are imposed on your home when you fail to pay a debt you owe. These types of liens almost always result in foreclosure and the loss of your home.

Real estate transactions are when property records are used, created, and replaced. Before the transaction, buyers, sellers, title companies, appraisers, inspectors, attorneys, and others will research the property. During the process, property records will be created and replace old ones.

Buying Property: Due Diligence

Before buying any property in Alabama, you should find out as much as you can about it. You can do so easily by perusing property records. The internet makes it easy for you to find them quickly and review them. You can even order copies or visit the office in person and pick them up. Some things to pay close attention to are taxes, fair market value, insurance, liens, and foreclosures.

Selling Property: Providing Disclosure

When selling property in Alabama, sellers must disclose any material defects they know about the property, especially those that pose a safety or health risk. For example, you must disclose whether the house has ever had lead paint or asbestos. If you have gaps in your knowledge, you can consult property records to fill in the blanks.

Title Searches and Insurance

When you borrow money to buy a house, your lender will require you to purchase title insurance. It is to protect them and you from any title defects or legal claims on the property after the sale. A title company representative or attorney will perform a property title search, looking for any issues before the closing.

Foreclosure and Property Records in Alabama

Foreclosures show up in various property records, indicating that the homeowners have failed to pay some debt, and the house is being sold at auction. You can find foreclosures easily. For example, the Alabama Department of Revenue has a search tool for foreclosures in the state.

Pre-Foreclosures in Alabama

During a property history search, you may also come across pre-foreclosure homes, which means the house is in the foreclosure process but not yet complete. Homes in this state can be great investments to pick up cheaply and sell for a profit. You can find them all over the internet on realty websites, county websites, and third-party search portals.

When was the House Built?

Many people are curious about when a specific house was built. You can find out easily by searching for building permits to find the original one that allowed the building to be built. Then, you can review others to see how it was renovated throughout the years.

Property values can change on a dime. You've seen markets where real estate is high and suddenly plummets due to changes in interest rates, demand, or other economic factors. Before buying a property, it is essential to research the value and how it has changed over time.

Assessments and Appraisals

Assessments and appraisals are vehicles for determining the value of a property. They take into consideration many factors. County tax officials use assessments to value property for tax reasons. That value may not always match the fair market value (FMV).

Mortgage companies use appraisals to ensure that the value of the property supports the loan in case they must foreclose and sell the house to get their money back.

It's your legal right to embark on a property history search. You can access public property records by using online and in-person resources. There are no restrictions except that you may have to pay a small per-page fee.

Why are Property Records Public?

Property records are public to provide a transparent chain of title showing who owned what property and when. Public records also prevent any single government agency from having too much power over its people.

How Do I Protect My Personal Information in Property Records?

You cannot fully remove all your information from property records. However, you can try to remove anything beyond your name and address. You will want to minimize your exposure with so much fraud and identity theft in the news daily. Contact any government offices that hold your records and ask that they remove your email, phone number, or any other sensitive details.

You never know when you might need your property records. Therefore, it's essential to keep them updated and correct. No one will know to automatically update your records when changes occur. It's up to you.