BlackletterCalifornia law

CHAPTER 2. Modifications of Ownership [678. - 726.]

Chapter 2 enacted 1872.

§§ 678–726 · 50 sections

  1. ARTICLE 1. Interests in Property §§ 678–703 · 26 sections
    • § 678 The ownership of property is either: 1. Absolute; or, 2. Qualified.
    • § 679 The ownership of property is absolute when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure,…
    • § 680 The ownership of property is qualified: 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; 3. When the use is…
    • § 681 The ownership of property by a single person is designated as a sole or several ownership.
    • § 682 The ownership of property by several persons is either: (a) Of joint interest. (b) Of partnership interests. (c) Of interests in common. (d) Of community…
    • § 682.1 (a) (1) Community property of spouses, when expressly declared in the transfer document to be community property with right of survivorship, and which may be…
    • § 683 (a) A joint interest is one owned by two or more persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will…
    • § 683.1 No contract or other arrangement made after the effective date of this section between any person, firm, or corporation engaged in the business of renting…
    • § 683.2 (a) Subject to the limitations and requirements of this section, in addition to any other means by which a joint tenancy may be severed, a joint tenant may…
    • § 684 A partnership interest is one owned by several persons, in partnership, for partnership purposes.
    • § 685 An interest in common is one owned by several persons, not in joint ownership or partnership.
    • § 686 Every interest created in favor of several persons in their own right is an interest in common, unless acquired by them in partnership, for partnership…
    • § 687 Community property is property that is community property under Part 2 (commencing with Section 760) of Division 4 of the Family Code.
    • § 688 In respect to the time of enjoyment, an interest in property is either: 1. Present or future; and, 2. Perpetual or limited.
    • § 689 A present interest entitles the owner to the immediate possession of the property.
    • § 690 A future interest entitles the owner to the possession of the property only at a future period.
    • § 691 A perpetual interest has a duration equal to that of the property.
    • § 692 A limited interest has a duration less than that of the property.
    • § 696 Two or more future interests may be created to take effect in the alternative, so that if the first in order fails to vest, the next in succession shall be…
    • § 697 A future interest is not void merely because of the improbability of the contingency on which it is limited to take effect.
    • § 698 When a future interest is limited to successors, heirs, issue, or children, posthumous children are entitled to take in the same manner as if living at the…
    • § 699 Future interests pass by succession, will, and transfer, in the same manner as present interests.
    • § 700 A mere possibility, such as the expectancy of an heir apparent, is not to be deemed an interest of any kind.
    • § 701 In respect to real or immovable property, the interests mentioned in this Chapter are denominated estates, and are specially named and classified in Part II of…
    • § 702 The names and classification of interests in real property have only such application to interests in personal property as is in this Division of the Code…
    • § 703 No future interest in property is recognized by the law, except such as is defined in this Division of the Code.
  2. ARTICLE 2. Conditions of Ownership §§ 707–714.7 · 14 sections
    • § 707 The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events. In the latter case, the enjoyment…
    • § 708 Conditions are precedent or subsequent. The former fix the beginning, the latter the ending, of the right.
    • § 709 If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist. If it…
    • § [710.] Section Seven Hundred and Ten. Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect…
    • § 711 Conditions restraining alienation, when repugnant to the interest created, are void.
    • § 711.5 (a) Notwithstanding the provisions of Sections 711 and 1916.5, a state or local public entity directly or indirectly providing housing purchase or…
    • § 712 (a) Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state…
    • § 713 (a) Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner’s real property,…
    • § 714 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any…
    • § 714.1 (a) Notwithstanding Section 714, an association may impose reasonable provisions that: (1) Restrict the installation of solar energy systems in common areas to…
    • § 714.3 (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any…
    • § 714.5 The covenants, conditions, and restrictions or other management documents shall not prohibit the sale, lease, rent, or use of real property on the basis that…
    • § 714.6 (a) Recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security…
    • § 714.7 (a) Notwithstanding any other provision of law, a developer shall not sell a unit constructed pursuant to a local inclusionary zoning ordinance that is…
  3. ARTICLE 3. Duration of Leases §§ 715–719 · 5 sections
    • § 715 A lease to commence at a time certain or upon the happening of a future event becomes invalid if its term does not actually commence in possession within 30…
    • § 717 No lease or grant of land for agricultural or horticultural purposes for a longer period than 51 years, in which shall be reserved any rent or service of any…
    • § 718 No lease or grant of any town or city lot, which reserves any rent or service of any kind, and which provides for a leasing or granting period in excess of 99…
    • § 718f A lease of land for the purpose of effecting the production of minerals, oil, gas, or other hydrocarbon substances from other lands may be made for a period…
    • § 719 Notwithstanding the 55-year limitation imposed by Section 718, property owned by, or held by, or under the management and control of, any city, or any…
  4. ARTICLE 4. Accumulations §§ 722–726 · 5 sections
    • § 722 Dispositions of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition are…
    • § 723 All directions for the accumulation of the income of property, except such as are allowed by this Title, are void.
    • § 724 (a) An accumulation of the income of property may be directed by any will, trust or transfer in writing sufficient to pass the property or create the trust out…
    • § 725 If the direction for an accumulation of the income of property is for a longer term than is limited in the last section, the direction only, whether separable…
    • § 726 When one or more persons for whose benefit an accumulation of income has been directed is or are destitute of other sufficient means of support or education,…