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How does conveyancing work in Alabama?

The process of transferring a property from one person to the other is more commonly known as conveyancing. Since this can be quite a complex process, an attorney usually acts as a middleman between both parties to ensure that they are both on the same page, and so that no disputes arise or escalate.

If you are buying or selling a property in the state of Alabama, it is important that you understand some of the intricacies of the law before you start. There is quite a lot of terminology that can be overwhelming at first. By taking the time to understand these terms, you will be on the right track to successfully partaking in the transfer of property process.

What is a deed?

A deed sounds simple enough on the surface, however, the different types of deeds often leave buyers and sellers feeling overwhelmed. A deed is just a document that gives a descriptive overview of the property that is being transferred. The seller must sign the deed to confirm that it is an accurate description of the property.

Often a warranty deed is used in the conveyancing process. This means that if the property differs in any way to how the deed describes it, the seller is legally liable for this. Alternatively, a quitclaim deed can be used. This is considerably more risky for the buyer, since it makes no guarantee that the property will be in the condition described on the deed.

How is the deed recorded?

The deed must be recorded in order for the conveyancing process to be complete. This is done at the appropriate county filing office in the state of Alabama. It is essential that all deeds are properly recorded after the transfer of property, because if they are not, the buyer is not legally protected from any unforeseen circumstances.

During the conveyancing process, it is also important to consider the forms of title, because these will differ depending on whether it is being sold to an individual or a couple.

If you are buying or selling a property in Alabama, it is a good idea to conduct thorough research so that you are prepared for what can sometimes be a complex process.

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