PART 1. PROPERTY IN GENERAL [654. - 749.]
Part 1 enacted 1872.
§§ 654–749 · 86 sections
TITLE 1. NATURE OF PROPERTY §§ 654–663 · 9 sections
- § 654 The ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others. In this Code, the thing of which there may be…
- § 655 There may be ownership of all inanimate things which are capable of appropriation or of manual delivery; of all domestic animals; of all obligations; of such…
- § 656 Animals wild by nature are the subjects of ownership, while living, only when on the land of the person claiming them, or when tamed, or taken and held in…
- § 657 Property is either: l. Real or immovable; or, 2. Personal or movable.
- § 658 Real or immovable property consists of: l. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land; 4. That which is…
- § 659 Land is the material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance, and includes free or…
- § 660 A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines, or shrubs; or imbedded in it, as in the case of…
- § 662 A thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit, as in the case of a way, or watercourse, or…
- § 663 Every kind of property that is not real is personal.
TITLE 2. OWNERSHIP §§ 669–742 · 75 sections
CHAPTER 1. Owners [669. - [671.]] §§ 669–[671.] · 3 sections
- § 669 All property has an owner, whether that owner is the State, and the property public, or the owner an individual, and the property private. The State may also…
- § [670.] Section Six Hundred and Seventy. The State is the owner of all land below tide water, and below ordinary high-water mark, bordering upon tide water within the…
- § [671.] Any person, regardless of their citizenship status, may take, hold, and dispose of property, real or personal, within this state.
CHAPTER 2. Modifications of Ownership §§ 678–726 · 50 sections
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.
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…
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…
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,…
CHAPTER 2.6. Legal Estates Principal and Income Law §§ 731–731.15 · 16 sections
- § 731 This chapter may be cited as the Legal Estates Principal and Income Law.
- § 731.01 Nothing in this chapter shall affect the provisions of the Personal Income Tax Law and the Bank and Corporation Tax Law.
- § 731.02 This chapter shall apply to all transactions by which a principal was established without the interposition of a trust on or after September 13, 1941, or is…
- § 731.03 (a) “Principal” as used in this chapter means any realty or personalty which has been so set aside or limited by the owner thereof or a person thereto legally…
- § 731.04 This chapter shall govern the ascertainment of income and principal and the apportionment of receipts and expenses between tenants and remaindermen in all…
- § 731.05 (a) All receipts of money or other property paid or delivered as rent of realty or hire of personalty, or interest on money loaned, or interest on or the…
- § 731.06 Whenever a tenant’s right to income shall cease by death, or in any other manner, all payments theretofore actually paid to the tenant shall belong to the…
- § 731.07 (a) All dividends on shares of a corporation forming a part of the principal which are payable (1) In shares of the declaring corporation of the same kind and…
- § 731.08 Where any part of the principal consists of bonds or other obligations for the payment of money, they shall be deemed principal at their inventory value as…
- § 731.09 (a) Whenever a tenant is authorized by the terms of the transaction by which the principal was established or by law, to use any part of the principal in the…
- § 731.10 Where any part of the principal consists of animals employed in business, the provisions of Section 731.09 shall apply; and in other cases where the animals…
- § 731.11 (a) Where any part of the principal consists of property in lands from which may be taken timber, minerals, oils, gas, or other natural resources, and the…
- § 731.12 Where any part of the principal consists of property subject to depletion, such as leaseholds, patents, copyrights, and royalty rights, and the tenant in…
- § 731.13 (a) Where any part of a principal in the possession of a tenant consists of realty or personalty which for more than a year and until disposed of as…
- § 731.14 (a) Where any part of the principal in possession of the tenant consists of an obligation for the payment of money secured by a mortgage or other hypothecation…
- § 731.15 (a) All ordinary expenses incurred in connection with the principal or with its administration and management, including regularly recurring taxes assessed…
CHAPTER 3. Rights of Owners §§ 732–733 · 2 sections
CHAPTER 4. Termination of Ownership §§ 739–742 · 4 sections
- § 739 A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a…
- § 740 A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation…
- § 741 No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of…
- § 742 No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the…
TITLE 3. GENERAL DEFINITIONS §§ 748–749 · 2 sections
- § 748 The income of property, as the term is used in this Part of the Code, includes the rents and profits of real property, the interest of money, dividends upon…
- § 749 The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will,…