(a) A memorandum of a lease may be recorded in lieu of the lease itself if the memorandum is executed and acknowledged by the lessor and the lessee and contains:
Terms Used In Alabama Code 35-4-51.1
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
property: includes both real and personal property. See Alabama Code 1-1-1
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
(1) The names of the lessor and lessee;(2) The term of the lease;(3) Any option of the lessee to renew or extend the term of the lease; and(4) The specific legal description of the leased premises, or a survey or plot plan authorized under subsection (c) showing the location of the leased premises.(b) A memorandum recorded under this section may also contain any other agreement made between the lessor and the lessee in the lease.(c) A survey or plot plan may be used in lieu of a specific legal description to describe:
(1) Any part of a building on the leased premises, if the specific legal description of the real property on which the building is located is set forth in the memorandum, survey, or plot plan;(2) Any part of the leased premises that is part of a larger tract of land, if the specific legal description of the larger tract is set forth in the memorandum, survey, or plot plan; or(3)Real property of the lessor, in addition to the leased premises if:
a. The use of such additional real property is restricted, benefitted, or otherwise affected by the terms of the lease; andb. The specific legal description of the additional real property is set forth in the memorandum, survey, or plot plan. (d) As to the provisions contained in a memorandum recorded under this section, recording the memorandum has the same effect as recording the lease itself.
