TITLE 5. MARKETABLE RECORD TITLE [880.020. - 887.090.]
Title 5 added by Stats. 1982, Ch. 1268, Sec. 1.
§§ 880.020–887.090 · 51 sections
CHAPTER 1. General Provisions §§ 880.020–880.370 · 12 sections
ARTICLE 1. Construction §§ 880.020–880.030 · 2 sections
- § 880.020 (a) The Legislature declares as public policy that: (1) Real property is a basic resource of the people of the state and should be made freely alienable and…
- § 880.030 Nothing in this title shall be construed to: (a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles. (b) Affect…
ARTICLE 2. Application of Title §§ 880.240–880.260 · 3 sections
- § 880.240 The following interests are not subject to expiration or expiration of record pursuant to this title: (a) The interest of a person in possession (including use…
- § 880.250 (a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or…
- § 880.260 An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title at the time…
ARTICLE 3. Preservation of Interests §§ 880.310–880.370 · 7 sections
- § 880.310 (a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to preserve the…
- § 880.320 A notice of intent to preserve an interest in real property may be recorded by any of the following persons: (a) A person who claims the interest. (b) Another…
- § 880.330 Subject to all statutory requirements for recorded documents: (a) A notice of intent to preserve an interest in real property shall be in writing and signed…
- § 880.340 Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the…
- § 880.350 (a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated. (b) The county recorder…
- § 880.360 A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in…
- § 880.370 If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on, or within…
CHAPTER 2. Ancient Mortgages and Deeds of Trust §§ 882.020–882.040 · 3 sections
- § 882.020 (a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other…
- § 882.030 Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien unenforceable by…
- § 882.040 (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date…
CHAPTER 3. Mineral Rights §§ 883.110–883.270 · 11 sections
ARTICLE 1. General Provisions §§ 883.110–883.140 · 4 sections
- § 883.110 As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that…
- § 883.120 (a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise) or to an oil or…
- § 883.130 Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing an…
- § 883.140 (a) As used in this section: (1) “Lessee” includes an assignee or other successor in interest of the lessee. (2) “Lessor” includes a successor in interest or…
ARTICLE 2. Termination of Dormant Mineral Right §§ 883.210–883.270 · 7 sections
- § 883.210 The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is…
- § 883.220 For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years immediately preceding…
- § 883.230 (a) An owner of a mineral right may at any time record a notice of intent to preserve the mineral right. (b) In lieu of the statement of the character of the…
- § 883.240 (a) An action to terminate a mineral right pursuant to this article shall be brought in the superior court of the county in which the real property subject to…
- § 883.250 In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a late notice of intent to…
- § 883.260 A mineral right terminated pursuant to this article is unenforceable and is deemed to have expired. A court order terminating a mineral right pursuant to this…
- § 883.270 Subject to Section 880.370 (grace period for recording notice), this article applies to all mineral rights, whether executed or recorded before, on, or after…
CHAPTER 4. Unexercised Options §§ 884.010–884.030 · 3 sections
- § 884.010 If a recorded instrument creates or gives constructive notice of an option to purchase real property, the option expires of record if no conveyance, contract,…
- § 884.020 Upon the expiration of record of an option to purchase real property, the recorded instrument that creates or gives constructive notice of the option ceases to…
- § 884.030 (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded instruments that create or give constructive…
CHAPTER 5. Powers of Termination §§ 885.010–885.070 · 8 sections
- § 885.010 (a) As used in this chapter: (1) “Power of termination” means the power to terminate a fee simple estate in real property to enforce a restriction in the form…
- § 885.015 This chapter does not apply to any of the following: (a) A power of termination conditioned upon the continued production or removal of oil or gas or other…
- § 885.020 Fees simple determinable and possibilities of reverter are abolished. Every estate that would be at common law a fee simple determinable is deemed to be a fee…
- § 885.030 (a) A power of termination of record expires at the later of the following times: (1) Thirty years after the date the instrument reserving, transferring, or…
- § 885.040 (a) If a power of termination becomes obsolete, the power expires. (b) As used in this section, a power of termination is obsolete if any of the following…
- § 885.050 A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise shall be of record. The…
- § 885.060 (a) Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the…
- § 885.070 (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date…
CHAPTER 6. Unperformed Contracts for Sale of Real Property §§ 886.010–886.050 · 5 sections
- § 886.010 As used in this chapter: (a) “Contract for sale of real property” means an agreement wherein one party agrees to convey title to real property to another party…
- § 886.020 If the party to whom title to real property is to be conveyed pursuant to a recorded contract for the sale of real property fails to satisfy the specified…
- § 886.030 (a) Except as otherwise provided in this section, a recorded contract for sale of real property expires of record at the later of the following times: (1) Five…
- § 886.040 Upon the expiration of record of a recorded contract for sale of real property pursuant to this chapter, the contract has no effect, and does not constitute an…
- § 886.050 (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded contracts for sale of real property, whether…
CHAPTER 7. Abandoned Easements §§ 887.010–887.090 · 9 sections
- § 887.010 As used in this chapter, “easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows…
- § 887.020 This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties.
- § 887.030 This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute…
- § 887.040 (a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the…
- § 887.050 (a) For purposes of this chapter, an easement is abandoned if all of the following conditions are satisfied for a period of 20 years immediately preceding…
- § 887.060 (a) The owner of an easement may at any time record a notice of intent to preserve the easement. (b) In lieu of the statement of the character of the interest…
- § 887.070 In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of…
- § 887.080 An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is…
- § 887.090 Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or…