Code of Alabama - Title 35: Property - Chapter 2 - Surveys
- Article 1 Alabama Coordinate System.
- Section 35-2-1 System designated; state divided into east and west zones
The system of plane coordinates which has been established by the United States coast and geodetic survey for defining and stating the positions or locations...
- Section 35-2-2 Designation of system in land description
As established for use in the east zone, the Alabama coordinate system shall be named, and in any land description in which it is used...
- Section 35-2-3 Plane coordinates used in system
The plane coordinates of a point on the earth's surface, to be used in expressing the position or location of such point in the appropriate...
- Section 35-2-4 Description when tract of land lies in both zones
When any tract of land to be defined by a single description extends from one into the other of the above coordinate zones, the positions...
- Section 35-2-5 Definition of system by United States coast and geodetic survey adopted
(a) For purposes of more precisely defining the Alabama coordinate system, the following definition by the United States coast and geodetic survey is adopted: The...
- Section 35-2-6 Limitation on recordation of coordinates defining position of point on land boundary; descriptions of monuments, markers, etc
No coordinates based on the Alabama coordinate system, purporting to define the position of a point on a land boundary, shall be presented to be...
- Section 35-2-7 Limitation on use of name of system
The use of the term "Alabama coordinate system" on any map, report of survey, or other document shall be limited to coordinates based on the...
- Section 35-2-8 Description by reference to subdivision, line, or corner of United States public land surveys
Whenever coordinates based on the Alabama coordinate system are used to describe any tract of land which in the same document is also described by...
- Section 35-2-9 Purchaser or mortgagee not required to rely exclusively on description based on system
Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Alabama...
- Article 2 Division of Land Surveys.
- Section 35-2-20 Creation and purpose
There is hereby created, in the state Department of Conservation and Natural Resources, a division of land surveys, for the purpose of establishing, maintaining, and...
- Section 35-2-21 Appointment and qualifications of chief of division
The division of land surveys shall be headed by and be under the direction, supervision, and control of an officer who shall be designated "chief...
- Section 35-2-22 Oath and salary of chief of division; no other lucrative position to be held
Before entering upon the discharge of his duties, the chief of the division of land surveys shall take the constitutional oath of office. His salary...
- Section 35-2-23 Functions and duties of chief of division generally
The chief of the division of land surveys shall carry out the routine functions and duties of the division, as prescribed herein. He shall recommend...
- Section 35-2-24 Functions, duties, and responsibilities of Commissioner of Conservation and Natural Resources acting through chief of division
The Commissioner of Conservation and Natural Resources, acting by and through the chief of the division of land surveys, is hereby vested with the following...
- Section 35-2-25 Advisory board - Creation and membership
There is hereby created an advisory board to the division of land surveys, the membership of which shall consist of five members appointed by the...
- Section 35-2-26 Advisory board - Terms of members; filling of vacancies
Of the five members first appointed to the division of land surveys advisory board, one shall be appointed for a term of one year, one...
- Section 35-2-27 Advisory board - Oath of members; reimbursement for expenses
Members of the advisory board, upon induction into office, shall take the customary oath of office to support the Constitution of the United States, and...
- Section 35-2-28 Advisory board - Chairman; meetings
Members of the advisory board shall choose one of its five members as chairman. The board shall meet at least four times a year, and...
- Section 35-2-29 Advisory board - Duties
The advisory board shall assist the Commissioner of Conservation and Natural Resources and the chief of the division of land surveys in formulating the policies...
- Section 35-2-30 Acquisition of land for monuments and office
The Department of Conservation and Natural Resources, division of land surveys, may acquire in the name of the State of Alabama lands or interests therein,...
- Section 35-2-31 Custody and ownership of original survey corners and accessories; penalty for alteration or destruction, etc
The custody and ownership of the original United States public land survey corners and accessories has never been released or surrendered by the State of...
- Section 35-2-32 Right of entry upon private property; liability for damages; immunity from arrest for trespass
Members of the advisory board, the chief of the division of land surveys or any and all employees of the division shall have the right...
- Section 35-2-33 Furnishing copies of records; admissibility of division records in court proceedings
On request of the chief of the division of land surveys, all probate judges or other recorders of deeds, mortgages, or other instruments dealing with...
- Section 35-2-34 Registration of employees; private surveying or consultation not permitted
Every employee of the division of land surveys who is engaged in work required by law to be done by a registered land surveyor will...
- Section 35-2-35 Production, reproduction, or sale of maps, plats, etc
The division of land surveys may produce, reproduce, and sell maps, plats, reports, studies, and records and shall fix the charge therefor. All income received...
- Section 35-2-36 Contracts
Whenever the division of land surveys deems it expedient and when funds appropriated permit, the division shall have the power to enter into contracts with...
- Section 35-2-37 Limitation on amount of warrants for payment of expenses and compensation
Under no circumstances shall the total amount of warrants issued by the Comptroller in payment of the expense and compensation provided for in this article...
- Section 35-2-38 Extent of surveys or resurveys authorized by article
This article shall not be construed as to authorize or require the division of land surveys to survey or resurvey the entire State of Alabama....
- Article 3 Town Surveys, Plats, or Maps, etc.
- Section 35-2-50 Survey required; what plat or map must show
Any person, or his administrator, executor or guardian, desiring to subdivide his lands into lots shall cause the same to be surveyed by a competent...
- Section 35-2-51 Certification, acknowledgment, and recordation of plat or map; copies as evidence; conveyance
(a) The plat or map having been completed shall be certified by the surveyor, which certificate must also be signed by the owner, his duly...
- Section 35-2-52 Approval of municipal authorities required
It shall be the duty of every probate judge in this state to decline to receive for record in his office any map or plat...
- Section 35-2-53 Vacation of plat or map by owner of lands
Any plat or map, whether or not executed and recorded as provided in this article, may be vacated by the owner, his executor, administrator, or...
- Section 35-2-54 Vacation of streets or alleys by abutting landowners
Any street or alley shown by any map, plat, or survey, whether such map or plat is executed and recorded as provided by law or...
- Section 35-2-55 Validation, ratification, and confirmation of vacation of streets, etc
Every change in location, or vacation, or attempted vacation of any road, street, avenue, or alley, or any part thereof, by the owner or owners...
- Section 35-2-56 Mutilated, lost, or mislaid maps or plats
Where land has been divided into lots, and the map or plat thereof mutilated, lost, or mislaid, and a part or all of the lots...
- Section 35-2-57 Duty of probate judge upon recording vacated map or plat
When a map or plat or part thereof is vacated, the judge of probate must, upon recording such vacation, write in plain letters across the...
- Section 35-2-58 Vacation and annulment of map or plat, etc., by circuit court - Jurisdiction; parties
The circuit courts of this state shall have jurisdiction and power to vacate and annul any map, plat, or survey of lands, or any streets,...
- Section 35-2-59 Vacation and annulment of map or plat, etc., by circuit court - Conduct of proceedings; entry of judgment; appeals
The proceedings for vacating and annulling such maps, plats, surveys, roads, streets, or alleys shall be conducted in all respects as civil actions are conducted...
- Section 35-2-60 Vacation and annulment of map or plat, etc., by circuit court - Recordation of judgment
If the final judgment or order of the court provides that any map, plat, survey, road, street, or alley shall be vacated or annulled in...
- Section 35-2-61 Fee for recordation and registration
The party filing such petition, complaint, order, or judgment for recording and registration shall pay the recording or registration officer a fee of $.15 per...
- Section 35-2-62 Remedies not exclusive
The remedies provided in this article for vacating maps, plats, surveys, streets, alleys, etc., shall not be held to be exclusive, but alternative or cumulative.
- Article 4 Recording of Aerial Photographs or Maps.
Last modified: May 3, 2021