PART 4. ACQUISITION OF PROPERTY [1000. - 1422.]
Part 4 enacted 1872.
§§ 1000–1422 · 197 sections
TITLE 1. MODES IN WHICH PROPERTY MAY BE ACQUIRED §§ 1000–1002 · 3 sections
- § 1000 Property is acquired by: 1. Occupancy; 2. Accession; 3. Transfer; 4. Will; or, 5. Succession.
- § 1001 (a) As used in this section, “utility service” means water, gas, electric, drainage, sewer, or telephone service. (b) Any owner of real property may acquire by…
- § 1002 (a) Subject to the provisions of Article 3 (commencing with Section 1245.310) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure, the power of…
TITLE 2. OCCUPANCY §§ 1006–1009 · 4 sections
- § 1006 Occupancy for any period confers a title sufficient against all except the state and those who have title by prescription, accession, transfer, will, or…
- § 1007 Occupancy for the period prescribed by the Code of Civil Procedure as sufficient to bar any action for the recovery of the property confers a title thereto,…
- § 1008 No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property…
- § 1009 (a) The Legislature finds that: (1) It is in the best interests of the state to encourage owners of private real property to continue to make their lands…
TITLE 3. ACCESSION §§ 1013–1033 · 17 sections
CHAPTER 1. Accession to Real Property [1013. - [1019.]] §§ 1013–[1019.] · 8 sections
- § 1013 When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in…
- § 1013.5 (a) When any person, acting in good faith and, erroneously believing because of a mistake either of law or fact that he has a right to do so, affixes…
- § 1014 Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of…
- § 1015 If a river or stream, navigable or not navigable, carries away, by sudden violence a considerable and distinguishable part of a bank, and bears it to the…
- § 1016 Islands and accumulations of land, formed in the beds of streams which are navigable, belong to the State, if there is no title or prescription to the contrary.
- § 1017 An island, or an accumulation of land, formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or…
- § 1018 If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms…
- § [1019.] Section Ten Hundred and Nineteen. A tenant may remove from the demised premises, any time during the continuance of his term, anything affixed thereto for…
CHAPTER 2. Accession to Personal Property §§ 1025–1033 · 9 sections
- § 1025 When things belonging to different owners have been united so as to form a single thing, and cannot be separated without injury, the whole belongs to the owner…
- § 1026 That part is to be deemed the principal to which the other has been united only for the use, ornament, or completion of the former, unless the latter is the…
- § 1027 If neither part can be considered the principal, within the rule prescribed by the last section, the more valuable, or, if the values are nearly equal, the…
- § 1028 If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship, unless the value of the…
- § 1029 Where one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description, without having destroyed…
- § 1030 When a thing has been formed by the admixture of several materials of different owners, and neither can be considered the principal substance, an owner without…
- § 1031 The foregoing sections of this Article are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such…
- § 1032 In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such…
- § 1033 One who wrongfully employs materials belonging to another is liable to him in damages, as well as under the foregoing provisions of this Chapter.
TITLE 4. TRANSFER §§ 1039–1231 · 164 sections
CHAPTER 1. Transfers in General §§ 1039–1090.5 · 33 sections
ARTICLE 1. Definition of Transfer §§ 1039–1040 · 2 sections
- § 1039 Transfer is an act of the parties, or of the law, by which the title to property is conveyed from one living person to another.
- § 1040 A voluntary transfer is an executed contract, subject to all rules of law concerning contracts in general; except that a consideration is not necessary to its…
ARTICLE 2. What May Be Transferred §§ 1044–1047 · 4 sections
- § 1044 Property of any kind may be transferred, except as otherwise provided by this Article.
- § 1045 A mere possibility, not coupled with an interest, cannot be transferred.
- § 1046 A right of reëntry, or of repossession for breach of condition subsequent, can be transferred.
- § 1047 Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.
ARTICLE 3. Mode of Transfer §§ 1052–1059 · 13 sections
- § 1052 A transfer may be made without writing, in every case in which a writing is not expressly required by statute.
- § [1053.] Section Ten Hundred and Fifty-three. A transfer in writing is called a grant, or conveyance, or bill of sale. The term “grant,” in this and the next two…
- § 1054 A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor.
- § 1055 A grant duly executed is presumed to have been delivered at its date.
- § 1056 A grant cannot be delivered to the grantee conditionally. Delivery to him, or to his agent as such, is necessarily absolute, and the instrument takes effect…
- § 1057 A grant may be deposited by the grantor with a third person, to be delivered on performance of a condition, and, on delivery by the depositary, it will take…
- § 1057.3 (a) It shall be the obligation of a buyer and seller who enter into a contract to purchase and sell real property to ensure that all funds deposited into an…
- § 1057.5 Except for the normal compensation of his own employees, no person acting as an escrow agent whether required to be licensed as such or not, shall pay over to…
- § 1057.6 In an escrow transaction for the purchase or simultaneous exchange of real property, where a policy of title insurance will not be issued to the buyer or to…
- § 1057.7 All written escrow instructions executed by a buyer or seller, whether prepared by a person subject to Division 6 (commencing with Section 17000) of the…
- § 1058 Redelivering a grant of real property to the grantor, or canceling it, does not operate to retransfer the title.
- § 1058.5 (a) A notice of nonacceptance of a recorded deed executed by a holder of a security interest, which notice identifies the security interest, contains a legal…
- § 1059 Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered in the following cases: 1. Where…
ARTICLE 4. Interpretation of Grants §§ 1066–1072 · 6 sections
- § 1066 Grants are to be interpreted in like manner with contracts in general, except so far as is otherwise provided in this Article.
- § 1067 A clear and distinct limitation in a grant is not controlled by other words less clear and distinct.
- § 1068 If the operative words of a grant are doubtful, recourse may be had to its recitals to assist the construction.
- § 1069 A grant is to be interpreted in favor of the grantee, except that a reservation in any grant, and every grant by a public officer or body, as such, to a…
- § 1070 If several parts of a grant are absolutely irreconcilable, the former part prevails.
- § 1072 Words of inheritance or succession are not requisite to transfer a fee in real property.
ARTICLE 5. Effect of Transfer §§ 1084–1085 · 2 sections
- § 1084 The transfer of a thing transfers also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing…
- § 1085 A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a…
ARTICLE 6. Agency Listings for the Transfer of Certain Property §§ 1086–1089.5 · 5 sections
- § 1086 (a) For purposes of this article, the definitions contained in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and…
- § 1087 A multiple listing service (MLS) is a facility of cooperation of agents and appraisers, operating through an intermediary that does not itself act as an agent…
- § 1088 (a) A listing may not be placed in a multiple listing service unless authorized or directed by the seller in the listing. (b) If an agent or appraiser places a…
- § 1089 The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
- § 1089.5 Subject to the limitations, conditions, and requirements of Chapter 18 (commencing with Section 10000) of Part 5 of Division 7 of the Probate Code, this…
ARTICLE 7. Unlawful Influence of Appraisers § 1090.5 · 1 section
- § 1090.5 (a) No person with an interest in a real estate transaction involving a valuation shall improperly influence or attempt to improperly influence the…
CHAPTER 2. Transfer of Real Property §§ 1091–1134 · 83 sections
ARTICLE 1. Mode of Transfer §§ 1091–1099 · 10 sections
- § 1091 An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument…
- § 1092 A grant of an estate in real property may be made in substance as follows: “I, AB, grant to CD all that real property situated in (insert name of county)…
- § 1093 Absent the express written statement of the grantor contained therein, the consolidation of separate and distinct legal descriptions of real property contained…
- § 1095 When an attorney in fact executes an instrument transferring an estate in real property, he must subscribe the name of his principal to it, and his own name as…
- § 1096 Any person in whom the title of real estate is vested, who shall afterwards, from any cause, have his or her name changed, must, in any conveyance of said real…
- § 1097 No vendor or lessor of a single family residential property shall contract for or exact any fee in excess of ten dollars ($10) for the act of signing and…
- § 1098 (a) A “transfer fee” is any fee payment requirement imposed within a covenant, restriction, or condition contained in any deed, contract, security instrument,…
- § 1098.5 (a) For transfer fees, as defined in Section 1098, imposed prior to January 1, 2008, the receiver of the fee, as a condition of payment of the fee on or after…
- § 1098.6 (a) (1) On or after January 1, 2019, a transfer fee shall not be created. (2) This subdivision does not apply to excepted transfer fee covenants as defined by…
- § 1099 (a) As soon as practical before transfer of title of any real property or the execution of a real property sales contract as defined in Section 2985, the…
ARTICLE 1.4. Installation of Water Use Efficiency Improvements §§ 1101.1–1101.9 · 9 sections
- § 1101.1 The Legislature finds and declares all of the following: (a) Adequate water supply reliability for all uses is essential to the future economic and…
- § 1101.2 Except as provided in Section 1101.7, this article shall apply to residential and commercial real property built and available for use on or before January 1,…
- § 1101.3 For the purposes of this article: (a) “Commercial real property” means any real property that is improved with, or consisting of, a building that is intended…
- § 1101.4 (a) For all building alterations or improvements to single-family residential real property, as a condition for issuance of a certificate of final completion…
- § 1101.5 (a) On or before January 1, 2019, all noncompliant plumbing fixtures in any multifamily residential real property and in any commercial real property shall be…
- § 1101.6 The duty of an owner or building permit applicant to comply with the requirements of this article shall be postponed for one year from the date of issuance of…
- § 1101.7 This article shall not apply to any of the following: (a) Registered historical sites. (b) Real property for which a licensed plumber certifies that, due to…
- § 1101.8 A city, county, or city and county, or a retail water supplier may do either of the following: (a) Enact local ordinances or establish policies that promote…
- § 1101.9 Any city, county, or city and county that has adopted an ordinance requiring retrofit of noncompliant plumbing fixtures prior to July 1, 2009, shall be exempt…
ARTICLE 1.5. Disclosures Upon Transfer of Residential Property §§ 1102–1102.19 · 33 sections
- § 1102 (a) Except as provided in Section 1102.2, this article applies to any transfer by sale, exchange, real property sales contract as defined in Section 2985,…
- § 1102.1 (a) In enacting Chapter 817 of the Statutes of 1994, it was the intent of the Legislature to clarify and facilitate the use of the real estate disclosure…
- § 1102.2 This article does not apply to the following: (a) Sales or transfers that are required to be preceded by the furnishing to a prospective buyer of a copy of a…
- § 1102.3 The seller of any single-family real property subject to this article shall deliver to the prospective buyer the completed written statement required by this…
- § 1102.3a (a) The transferor of any manufactured home or mobilehome subject to this article shall deliver to the prospective transferee the written statement required by…
- § 1102.4 (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to…
- § 1102.5 (a) If information disclosed in accordance with this article is subsequently rendered inaccurate as a result of any act, occurrence, or agreement subsequent to…
- § 1102.6 (a) The disclosures required by this article pertaining to the property proposed to be transferred are set forth in, and shall be made on a copy of, the…
- § 1102.6a (a) On and after July 1, 1990, any city or county may elect to require disclosures on the form set forth in subdivision (b) in addition to those disclosures…
- § 1102.6b (a) This section applies to all sales of real property for which all of the following apply: (1) The sale is subject to this article. (2) The property being…
- § 1102.6c (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of the seller of any real property subject to…
- § 1102.6d Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the…
- § 1102.6e If a property being transferred on or after January 1, 2008, is subject to a transfer fee, as defined in Section 1098, the transferor shall provide, at the…
- § 1102.6f (a) On or after January 1, 2021, in addition to any other disclosure required pursuant to this article, the seller of any real property subject to this article…
- § 1102.6g (a) After July 1, 2022, every contract for the sale of real property shall contain, in no less than 8-point type, the following notice: “Any appraisal of the…
- § 1102.6h (a) A seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date…
- § 1102.6i (a) Except as provided in subdivision (b), on or after January 1, 2026, in addition to any other disclosure required pursuant to this article, the seller of…
- § 1102.6j On or after January 1, 2026, the seller of a single-family residential property subject to this article shall disclose, in writing, the existence of any state…
- § 1102.6k (a) In addition to any other disclosure required pursuant to this article, it shall be the sole responsibility of a seller of a single-family residential…
- § 1102.7 Each disclosure required by this article and each act which may be performed in making the disclosure, shall be made in good faith. For purposes of this…
- § 1102.8 The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or…
- § 1102.9 Any disclosure made pursuant to this article may be amended in writing by the seller or his or her agent, but the amendment shall be subject to Section 1102.3…
- § 1102.10 Delivery of disclosures required by this article shall be by personal delivery to the tranferee or by mail to the prospective transferee. For the purposes of…
- § 1102.11 Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and…
- § 1102.12 (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by…
- § 1102.13 No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any…
- § 1102.15 The seller of residential real property subject to this article who has actual knowledge of any former federal or state ordnance locations within the…
- § 1102.155 (a) (1) The seller of single-family residential real property subject to this article shall disclose, in writing, that Section 1101.4 requires that California…
- § 1102.156 On or after January 1, 2025, in addition to any other disclosure required pursuant to this article, a seller of any real property who received domestic water…
- § 1102.16 The disclosure of the existence of any window security bars and any safety release mechanism on those window security bars shall be made pursuant to Section…
- § 1102.17 The seller of residential real property subject to this article who has actual knowledge that the property is adjacent to, or zoned to allow, an industrial use…
- § 1102.18 The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
- § 1102.19 (a) On and after July 1, 2021, a seller of a real property subject to this article that is located in a high or very high fire hazard severity zone, as…
ARTICLE 1.7. Disclosure of Natural and Environmental Hazards, Right-to-Farm, and Other Disclosures Upon Transfer of Residential Property §§ 1103–1103.15 · 14 sections
- § 1103 (a) For purpose of this article, the definitions in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code…
- § 1103.1 (a) This article does not apply to the following sales: (1) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a…
- § 1103.2 (a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: NATURAL…
- § 1103.3 (a) The seller of any real property subject to this article shall deliver to the prospective buyer the written statement required by this article, as follows:…
- § 1103.4 (a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to…
- § 1103.5 (a) After a seller and his or her agent comply with Section 1103.2, they shall be relieved of further duty under this article with respect to those items of…
- § 1103.7 Each disclosure required by this article and each act that may be performed in making the disclosure shall be made in good faith. For purposes of this article,…
- § 1103.8 (a) The specification of items for disclosure in this article does not limit or abridge any obligation for disclosure created by any other provision of law or…
- § 1103.9 Any disclosure made pursuant to this article may be amended in writing by the seller or the seller’s agent, but the amendment shall be subject to Section…
- § 1103.10 Delivery of disclosures required by this article shall be by personal delivery to the transferee or by mail to the prospective transferee. For the purposes of…
- § 1103.11 Any person or entity, other than a real estate licensee licensed pursuant to Part 1 (commencing with Section 10000) of Division 4 of the Business and…
- § 1103.12 (a) If more than one licensed real estate broker is acting as an agent in a transaction subject to this article, the broker who has obtained the offer made by…
- § 1103.13 No transfer subject to this article shall be invalidated solely because of the failure of any person to comply with any provision of this article. However, any…
- § 1103.15 The provisions of subdivision (d) of Section 1102.1 shall apply to this article.
ARTICLE 1.8. Buyer’s Choice Act §§ 1103.20–1103.22 · 3 sections
- § 1103.20 This article shall be known, and may be cited, as the Buyer’s Choice Act.
- § 1103.21 (a) The Legislature finds and declares: (1) Sales of foreclosed properties have become a dominant portion of homes on the resale real estate market. (2) The…
- § 1103.22 (a) A seller of residential real property improved by four or fewer dwelling units shall not require directly or indirectly, as a condition of selling the…
ARTICLE 2. Effect of Transfer §§ 1104–1134 · 14 sections
- § 1104 A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose…
- § 1105 A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.
- § 1106 Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same…
- § 1107 Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or…
- § 1108 A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture…
- § 1109 Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold…
- § [1110.] Section Eleven Hundred and Ten. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the…
- § 1111 Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant,…
- § [1112.] Section Eleven Hundred and Twelve. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the…
- § 1113 From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on…
- § [1114.] Section Eleven Hundred and Fourteen. The term “incumbrances” includes taxes, assessments, and all liens upon real property.
- § 1115 Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in…
- § 1133 (a) If a lot, parcel, or unit of a subdivision is subject to a blanket encumbrance, as defined in Section 11013 of the Business and Professions Code, but is…
- § 1134 (a) As soon as practicable before transfer of title for the first sale of a unit in a residential condominium, community apartment project, or stock…
CHAPTER 3. Transfer of Personal Property §§ 1135–1148 · 5 sections
ARTICLE 1. Mode of Transfer §§ 1135–1140 · 2 sections
- § 1135 An interest in a ship can be transferred only by operation of law, or by written instrument, subscribed by the person making the transfer, or by his agent.
- § 1140 (a) For purposes of this section: (1) The term “customer” means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a…
ARTICLE 3. Gifts §§ 1146–1148 · 3 sections
- § 1146 A gift is a transfer of personal property, made voluntarily, and without consideration.
- § 1147 A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given, nor, if it is capable of delivery, unless there is an…
- § 1148 A gift, other than a gift in view of impending death, cannot be revoked by the giver.
CHAPTER 4. Recording Transfers §§ 1169–1220 · 38 sections
ARTICLE 2. Mode of Recording §§ 1169–1173 · 5 sections
- § 1169 Instruments entitled to be recorded must be recorded by the County Recorder of the county in which the real property affected thereby is situated.
- § [1170.] Section Eleven Hundred and Seventy. An instrument is deemed to be recorded when, being duly acknowledged or proved and certified, it is deposited in the…
- § 1171 Grants, absolute in terms, are to be recorded in one set of books, and mortgages in another.
- § 1172 The duties of county recorders, in respect to recording instruments, are prescribed by the Government Code.
- § 1173 The mode of recording transfers of ships registered under the laws of the United States is regulated by Acts of Congress.
ARTICLE 3. Proof and Acknowledgment of Instruments §§ 1180–1207 · 25 sections
- § 1180 The proof or acknowledgment of an instrument may be made at any place within this state before a justice, retired justice, or Clerk/Executive Officer of the…
- § 1181 The proof or acknowledgment of an instrument may be made before a notary public at any place within this state, or within the county or city and county in this…
- § 1181.1 (a) Section 1181 shall not be construed to authorize any person, other than a notary public authorized by the Secretary of State to perform online… see note
- § 1182 The proof or acknowledgment of an instrument may be taken without this state, but within the United States, and within the jurisdiction of the officer, by any…
- § 1183 (a) The proof or acknowledgment of an instrument may be taken without the United States, by any of the following: (1) A minister, commissioner, or chargè…
- § 1183.5 Any officer on active duty or performing inactive-duty training in the armed forces having the general powers of a notary public pursuant to Section 936 or…
- § 1184 When any of the officers mentioned in Sections 1180, 1181, 1182, and 1183 are authorized by a law to appoint a deputy, the acknowledgment or proof may be taken…
- § 1185 (a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is…
- § 1188 An officer taking the acknowledgment of an instrument shall endorse thereon or attach thereto a certificate pursuant to Section 1189.
- § 1189 (a) (1) Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box…
- § 1190 The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form…
- § 1193 Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures,…
- § 1195 (a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following: (1) By the party executing it, or either of them. (2)…
- § 1196 A witness shall be proved to be a subscribing witness by the oath of a credible witness who provides the officer with any document satisfying the requirements…
- § 1197 The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person…
- § 1198 The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following…
- § [1199.] Section Eleven Hundred and Ninety-nine. The evidence taken under the preceding section must satisfactorily prove to the officer the following facts: One—The…
- § 1200 An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required by…
- § 1201 Officers authorized to take the proof of instruments are authorized in such proceedings: 1. To administer oaths or affirmations, as prescribed in Section 2093,…
- § 1202 When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the…
- § 1203 Any person interested under an instrument entitled to be proved for record, may institute an action in the superior court against the proper parties to obtain…
- § 1204 A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached…
- § 1205 The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed,…
- § 1206 All conveyances of real property made before this Code goes into effect, and acknowledged or proved according to the laws in force at the time of such making…
- § 1207 Any instrument affecting the title to real property, 90 days after the same has been copied into the proper book of record, kept in the office of any county…
ARTICLE 4. Effect of Recording, or the Want Thereof §§ 1213–1220 · 8 sections
- § 1213 Every conveyance of real property or an estate for years therein acknowledged or proved and certified and recorded as prescribed by law from the time it is…
- § 1214 Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent…
- § 1215 The term “conveyance,” as used in Sections 1213 and 1214, embraces every instrument in writing by which any estate or interest in real property is created,…
- § 1216 No power contained in an instrument to convey or execute instruments affecting real property which has been recorded is revoked by any act of the party by whom…
- § 1217 An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
- § 1218 A certified copy of an instrument affecting the title to real property, once recorded, or a certified copy of the record of such instrument may be recorded in…
- § 1219 Oil and gas leases may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property. However, an oil and…
- § 1220 Contracts for the purchase or sale of standing timber or trees, for severance or otherwise, and all instruments in writing by which any estate or interest in,…
CHAPTER 5. Unlawful Transfers §§ 1227–1231 · 5 sections
- § 1227 Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with…
- § 1228 No instrument is to be avoided under the last section, in favor of a subsequent purchaser or incumbrancer having notice thereof at the time his purchase was…
- § 1229 Where a power to revoke or modify an instrument affecting the title to, or the enjoyment of, an estate in real property, is reserved to the grantor, or given…
- § 1230 Where a person having a power of revocation, within the provisions of the last section, is not entitled to execute it until after the time at which he makes…
- § 1231 Other provisions concerning unlawful transfers are contained in Part II, Division Fourth, of this Code, concerning the Special Relations of Debtor and Creditor.
TITLE 8. WATER RIGHTS §§ 1414–1422 · 9 sections
- § 1414 As between appropriators, the one first in time is the first in right.
- § 1415 A person desiring to appropriate water must post a notice, in writing, in a conspicuous place at the point of intended diversion, stating therein: 1. That he…
- § 1416 Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water,…
- § 1417 By “completion” is meant conducting the waters to the place of intended use.
- § 1418 By a compliance with the above rules the claimant’s right to the use of the water relates back to the time the notice was posted.
- § 1419 A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith.
- § 1420 Persons who have heretofore claimed the right to water, and who have not constructed works in which to divert it, and who have not diverted nor applied it to…
- § 1421 The Recorder of each county must keep a book, in which he must record the notices provided for in this Title.
- § 1422 If the place of intended diversion or any part of the route of intended conveyance of water so claimed, be within, and a part of, any national park, forest…