Every estate in lands is to be taken as a fee simple, although the words necessary to create an estate of inheritance are not used, unless it clearly appears that a less estate was intended.
Ala. Code § 35-4-2
Estate Taken as Fee Simple Unless Expressly Limited.
Applied in 2 court decisions — leading case 360 So. 2d 965 - Union Oil Co. of Cal. v. Colglazier (1978)
Most recently applied in 629 F. Supp. 2d 1264 - United States v. 40 Acres of Real Property, More or Less (June 2009)
(Code 1852, §1299; Code 1867, §1569; Code 1876, §2178; Code 1886, §1824; Code 1896, §1020; Code 1907, §3396; Code 1923, §6900; Code 1940, T. 47, §14.)
Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.