Fayette County Deed Records Search

Fayette County deed records are stored at the Probate Court in the city of Fayette. The office records all property transfers and maintains permanent land records for the county.

Fayette County Probate Office

The Probate Judge records all deeds in Fayette County. This office handles land records, estate matters, and other probate functions. Staff index each document by the names of buyers and sellers. They also track deeds by book and page number for easy lookup.

Fayette County is a small, rural county in west Alabama. The county seat shares the same name as the county. The Probate Office sits on Temple Avenue in downtown Fayette. Parking is easy to find near the courthouse.

How to Search Fayette County Deed Records

Fayette County has online records through the Ingenuity portal. This system lets you search deed records from your computer. You can look up deeds by name, date, or type of document. Basic index searches are usually free. Document images may cost a fee to view or download.

For a deed search, you will need some information:

• Name of the grantor or grantee
• Property location or legal description
• Date range for when the deed was filed
• Book and page number if you already have it

Not all records are online. Older deeds may still be in paper books only. If you need something that is not in the digital system, call the office or visit in person. Staff can search the old deed books for you. They charge per page for copies.

Small county offices like Fayette often give more personal service. Staff know the records well. They can often find things quickly even without much information. A phone call may save you a trip if you just need to confirm something.

Fayette County Recording Fees

Fayette County charges fees to record deeds. These fees pay for staff and record keeping. The rates are set by state law plus local additions. Call to confirm current fees before you visit.

Recording fees in Fayette County:

• First page: $11.00
• Each additional page: $3.00
• Deed transfer tax: $0.50 per $500 of value

The transfer tax is required on most property sales. Under Code of Alabama Section 40-22-1, two thirds goes to the state and one third stays with the county. Some transfers are exempt. Family transfers and spouse-to-spouse transfers often qualify. Ask the Probate Office about exemptions if you think you have one.

The office accepts cash and checks. Ask about credit cards before you go. Some offices take them but charge an extra fee. Money orders are also accepted at most probate courts.

Deed Recording Requirements

Alabama has strict rules about deeds. The Fayette County Probate Judge will check your document. Deeds that lack required items get rejected. Make sure your deed has everything before you visit.

Required items on a Fayette County deed:

• Full legal description of the land
• Grantor name, address, and marital status
• Grantee name and mailing address
• Source of title (derivation clause)
• Name of the person who prepared the deed
• Notarized signatures of all grantors
• RT-1 form filled out completely

The marital status rule is important. Code of Alabama Section 35-4-73 requires it. If the grantor is married, the spouse often needs to sign too. Even if single, the deed should say so. The Probate Judge can refuse deeds without this info.

The RT-1 form reports the sale price or value to the state. It has been required since August 2012. You can get the form from the Alabama Department of Revenue website. Without it, your deed will not be recorded.

Types of Deeds Filed in Fayette County

Different deeds do different things. The type you use matters for legal protection. All types go through the same recording process. Fees are the same regardless of deed type.

Common deed types in Fayette County:

• Warranty deed: Seller guarantees clear title
• Quitclaim deed: Seller transfers whatever interest they have
• Special warranty deed: Limited guarantees
• Personal representative deed: From an estate
• Tax deed: From a tax sale

Warranty deeds offer the most protection for buyers. The seller promises the title is good and free of liens. They agree to defend the title if someone makes a claim. Quitclaim deeds are simpler but offer no such protection. They just transfer what the grantor has, which could be nothing.

If you are not sure which deed to use, talk to a real estate attorney. The Probate Office staff cannot give legal advice. They can only record documents that meet the legal requirements.

Other Property Records

Deeds are just one type of record at the Probate Office. Other documents also affect property ownership. A thorough title search looks at all of them.

Other records filed in Fayette County:

• Mortgages and deeds of trust
• Mortgage releases and satisfactions
• Judgment liens and tax liens
• Easements and rights of way
• Plat maps and surveys
• Powers of attorney

Property tax records are at the Fayette County Revenue Commissioner. That is a different office. They can tell you the assessed value and if taxes are current. Unpaid taxes can become liens on the property.

The Circuit Clerk keeps court records. Lawsuits over land, divorce decrees that divide property, and money judgments show up there. A judgment against a property owner can attach to their real estate.

Historical Land Records

Fayette County was formed in 1824 from parts of Marion and Pickens counties. It is named after the Marquis de Lafayette, the French hero of the American Revolution. Early deeds may be in the parent counties if they were filed before 1824.

For the oldest land records, check the Alabama Secretary of State. They have federal land patents from when Alabama was a territory. These show the first owners of each piece of land. You can search them free online.

Fayette County has preserved its records over nearly 200 years. Some old documents are on microfilm. Others are in bound deed books. Staff can help you find historical records if you visit the office.

Cities in Fayette County

Fayette County has a few small cities and towns. All deed recordings go through the county Probate Court. The city where the property sits does not change this.

Towns in Fayette County include Fayette, Berry, Belk, and Glen Allen. None have populations over 100,000. The city of Fayette is the largest with about 4,600 people. For all deed records, contact the Fayette County Probate Office.

Nearby Counties

These counties share borders with Fayette County. Double-check which county your property is in before recording a deed.