How to Find Owners of Properties
in Alabama
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Whether you are a prospective homebuyer, a real estate professional, or simply seeking information about a specific property, you can easily request and obtain property records in Alabama.
The Alabama Public Records Law, also known as the Alabama Open Records Act, grants you the right to access and obtain copies of public records, including property-related documents. This law upholds government transparency and accountability by allowing individuals to review property ownership, transactions, and other important details.
The law applies to all state agencies, including county and municipal governments, and encompasses a broad array of records such as property deeds, mortgages, liens, and tax assessments. These documents are managed by local government offices responsible for property assessment and taxation, including the county tax assessor's and county clerk's offices.
Alabama's public access to property records empowers individuals to make informed decisions regarding real estate transactions, research property history, and verify the accuracy of property-related information.
Here is an overview of how to find the owner of a property by address in Alabama:
Visit Your Local Land Records or Revenue Commissioner's Office
To access property records, you can visit or contact the local land records or revenue commissioner's office. Provide basic details about the property, such as the street address and parcel number, to retrieve the necessary records. While department staff may help, you are responsible for reviewing the available records on-site. The cost of a property owner search in Alabama starts from $75 for a simple search.
Review Tax Assessor Records
The tax assessor's records contain important details, including the property's current and previous deeds. These records are kept at the tax assessor's office in the county or city where the property is situated. In some areas, this information is available online, but it's still common to call first and request the necessary records for a title search. Occasionally, a title searcher may need to visit the tax assessor's office in person.
Here are some of Alabama's tax assessor offices where you can conduct a property search:
Hire a Title Company/Agency
Property owner search in Alabama is far more complex and nothing like a typical Google search. It involves searching through various online databases, and, in many cases, the required documents aren't available online at all. Obtaining the necessary title records often requires visiting a courthouse in person to collect physical copies.
Using a title search company simplifies the entire process. Rather than spending hours navigating a disjointed system of online and offline title documents, a title company handles all the legwork on your behalf.
The advantages of working with a title search company extend beyond just removing the burden of searching yourself. A common frustration with traditional title searches is the lack of standardized reports, with countless variations requiring careful interpretation. Title search companies offer clear, easy-to-read reports.
Turn to a Commercial Service Provider
A commercial service provider like PropertyChecker.com can simplify your Alabama house owner lookup. Propertychecker.com offers an extensive, up-to-date database of all properties in Alabama using various search options, such as how to find the owner of property by address, parcel ID, owner's name, phone number, or email. Propertychecker.com can help you identify both current and previous owners of any property in the state and uncover owners behind legal or business entities.
What Are the Different Types of Property Ownership in Alabama?
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Title to real property establishes legal ownership, typically outlined in the deed, which specifies the legal owner of the property as well as the form of ownership. Property ownership involves more than just acquiring real estate and registering it in your name. It includes different forms and structures, each with distinct practical, financial, and legal consequences.
Property rights are governed by laws of the state and may be affected by status of marriage. You may need to determine the way to title property at various points, for example, when purchasing property, transferring it to another person while you're alive, or moving it on via your estate after death. It's vital to know the different forms of property ownership before deciding which way to title it or if a will needs to go through probate.
It's also crucial to understand that Alabama does not recognize the laws of Dower and Curtesy, which grant spouses automatic rights to a share of marital property. The lack of these laws simplifies title searches, as there are fewer automatic claims to verify against the property.
Additionally, Alabama is not a Community Property state. This means that assets acquired during marriage are not automatically deemed jointly owned by both spouses. Ownership is determined solely by the name on the deed unless there is clear evidence of an agreement indicating joint ownership.
Understanding these details is crucial for estate planning and tax obligations. They can have a significant impact on future events, such as inheritance or tax evaluations.
Here are the most common types of property ownership in Alabama:
- Sole ownership
- Joint tenancy
- Tenants in common
- Tenants by entirety
- Life estate tenant
The table below provides an overview of the different types of property ownership in Alabama, including their benefits and implications:
Ownership Structure | Description | Benefits | Implications |
---|---|---|---|
Sole Ownership | Refers to ownership by a single individual. It can also apply to ownership by a trust or a business. | The owner has complete control over the property. | If you're married, you aren't allowed to transfer the property without first getting the signature of your spouse on the deed. |
Joint Tenancy | More than one person maintains a joint title to the property. Everyone enjoys the ability to occupy the property fully while alive | Expenses of property maintenance, tax obligations, insurance, etc., are shared amongst all the joint tenants. | A creditor that gets one or more legal judgments against either owner can claim the property, demanding it be divided up to repay the debt. |
Tenants in Common | Two or more persons hold title to real estate jointly in equal or unequal percentages. | Each owner has the right to occupy and use all of the property, while the ownership percentages define the financial ownership of the real estate. | Every owner has a liability to pay any debts held against the real estate, including taxes payable for the property. |
Tenants by Entirety | Tenants by entirety is ownership available only to married couples. It acts the same way as joint tenants with the right of survivorship. | The surviving spouse's interest in the property is protected from the decedent spouse's creditors. | When one spouse dies, the decedent's interest automatically goes to the surviving spouse. |
Heirship | In an heir property, the heir is living in a property that has no deed in your name. For instance, the property legally belonged to your grandparents and then their estate wasn't settled legally. | An interested party, such as the heir, may initiate a quiet title action to resolve claims and figure out who owns the property and in what shares. | Requires arduous tracing of family relationships over many different generations to verify the rightful owner of the property currently. |
Condominium Ownership | Individuals own a unit within a complex and share ownership of common areas. | Ownership of personal living space with access to amenities. | Condos have rules and guidelines that you should become aware of. Some associations do not allow pets or have strict rules on noise limits. |
Life Estate Tenants | You have the right to occupy property during your lifetime through a life estate, | Owner has full control of the property during their lifetime | When you die people called the remaindermen instantly become the owners. |
The way you hold property is just as significant as the ownership itself. Your rights and responsibilities regarding the property, as well as how you can pass it on to your heirs, depend on the current title. If you are considering acquiring, transferring, or distributing property in an estate, it's essential to understand your current ownership status and how you want to own or pass the property on to your heirs.
Common Methods of Property Transfer in Alabama
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Deeds are official legal documents that explain who owns a property. They usually involve two parties: a grantor (who transfers the real estate) and a grantee (who receives it). In Alabama, any deeds are required to be signed while one or two witnesses watch and acknowledge the deal, or they must be completed with a notary present.
Furthermore, for the seller to be recognized officially as the property's owner, the deed needs to be recorded properly within the probate office where the real estate is situated. Before a deed can be recorded, all recording and transfer fees need to be paid. Lastly, if within the deed there isn't a specified purchase price, as well as details about the assessed and actual market values, the seller must go through the process to fill out and submit a real estate sales validation form to also be recorded.
There are many varieties of deeds giving buyers and sellers different guarantees over the properties involved. The most common deed types used in the state of Alabama are the following:
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General Warranty Deed
The most common deed, and also the one that buyers prefer most is known as a general warranty deed. When using this sort of deed the seller (grantor) must prove they rightfully own the property and they can convey it to the buyer (grantee). When using a general warranty the seller gives up any right to make future claims on the property, and all previous owners also the seller verifies that no previous owners have any claims over the real estate.
When using a general warranty deed the seller becomes responsible for resolving any third-party claims that may arise over the property in the future. Although this level of guarantee might seem burdensome for the grantor, most choose to employ a title company in order to thoroughly examine the property's title and secure special title insurance in order to defend against any potential claims once the transaction is finalized.
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Special Warranty Deed
When using a special warranty deed, ownership is transferred just like with a general warranty, but guarantees from the seller are more limited. This deed ensures the seller is the property owner, has the authority to transfer it, and will not assert any future claims on the property. It also guarantees against title defects and liens, but only ones created during the grantor's ownership. A special warranty does not protect against any title defects that may have arisen from previous owner actions.
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Quitclaim Deed
Unlike other deeds, a quitclaim deed does not offer guarantees regarding the title of the property. A quitclaim deed doesn't even guarantee the seller owns the property. These types of deeds are only used in situations where the rightful owner is not disputed or where the grantor (seller) is unwilling to provide any guarantees. Common examples include something like divorce settlements to transfer property interest between spouses and when the government sells off property because of unpaid taxes.
According to Alabama Code § 35-4-73, any deed, contract, or document that transfers real estate (land or any interest) must state the marital status of the individual grantor (seller) on the document. This requirement is applicable to all conveyances made after July 21, 1972 and aims to enhance clarity in property records by pinpointing potential spousal property interests in the transfer.
Step-by-Step Guide to Property Transfer in Alabama
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Common reasons to transfer land include property sales, the owner becoming deceased, or divorce. Each deed serves as a legal piece of paper that handles the transfer of ownership in a single property.
In Alabama, going through the process to transfer property requires the creation of a new deed that meets all legal requirements for land transfer, such as having both the stamp and signature from a legal notary. Because the process used to transfer land ownership is legal in nature, it's advisable to hire a legal professional to have your documents properly prepared.
- Step 1: Collect information that's from the seller as well as the buyer involved in the property transfer. State law mandates that the legal address and name must be utilized during a land transfer process. Additionally, acquire a duplicate of the current landowner's deed, which includes the legal description of the property and identifies the seller as the one who legally owns the property currently.
- Step 2: Reach out to an attorney specializing in real estate transfers to draft a deed for transferring land in Alabama. Provide the previous deed to the attorney as a reference while creating the new deed, as it contains important details, such as the legal description, mineral rights, and any exclusions related to the property.
- Step 3: Sign and date the deed. Alabama law demands that a deed be notarized and stamped as well. The attorney will arrange for a notary to be present when the deed is finalized.
- Step 4: Submit the original deed at the county courthouse to have it recorded in the deed book, making it a permanent record in Alabama. This process safeguards you against any future claims or judgments on the title.
An important factor when transferring property is real estate transfer taxes. In Alabama, transfer taxes or recordation tax is paid either by the buyer or seller based on the agreement between the parties. Alabama recordation tax is imposed at a rate of $.50 per $500 of value or fraction thereof.
Besides transfer taxes, you may also be required to part with other levies, such as homeowner's association fees. On the bright side, there are also instances where you may benefit from tax exemptions. These include transfer for deeds valued at less than $500 or transfer for deeds intended to modify the title.
Alabama Homeowner Lookup
- Owner(s)
- Deed Records
- Loans & Liens
- Values
- Taxes
- Building Permits
- Purchase History
- Property Details
- And More!
Alabama Homeowner Lookup
- Owner(s)
- Deed Records
- Loans & Liens
- Values
- Taxes
- Building Permits
- Purchase History
- Property Details
- And More!