CHAPTER 1. Estates in General
Chapter 1 enacted 1872.
§§ 761–784 · 19 sections
- § 761 Estates in real property, in respect to the duration of their enjoyment are either: l. Estates of inheritance or perpetual estates; 2. Estates for life; 3.…
- § [762.] Section Seven Hundred and Sixty-two. Every estate of inheritance is a fee, and every such estate, when not defeasible or conditional, is a fee simple or an…
- § 763 Estates tail are abolished, and every estate which would be at common law adjudged to be a fee tail is a fee simple; and if no valid remainder is limited…
- § 764 Where a remainder in fee is limited upon any estate, which would by the common law be adjudged a fee tail, such remainder is valid as a contingent limitation…
- § 765 Estates of inheritance and for life are called estates of freehold; estates for years are chattels real; and estates at will are chattel interests, but are not…
- § [766.] Section Seven Hundred and Sixty-six. An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.
- § 767 A future estate may be limited by the act of the party to commence in possession at a future day, either without the intervention of a precedent estate, or on…
- § 768 A reversion is the residue of an estate left by operation of law in the grantor or his successors, or in the successors of a testator, commencing in possession…
- § 769 When a future estate, other than a reversion, is dependent on a precedent estate, it may be called a remainder, and may be created and transferred by that name.
- § 773 Subject to the rules of this title, and of Part 1 of this division, a freehold estate, as well as a chattel real, may be created to commence at a future day;…
- § 778 A remainder may be limited on a contingency which, in case it should happen, will operate to abridge or determine the precedent estate; and every such…
- § 779 When a remainder is limited to the heirs, or heirs of the body, of a person to whom a life estate in the same property is given, the persons who, on the…
- § 780 When a remainder on an estate for life or for years is not limited on a contingency defeating or avoiding such precedent estate, it is to be deemed intended to…
- § 781 A general or special power of appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed.
- § 782 (a) Any provision in any deed of real property in California, whether executed before or after the effective date of this section, that purports to restrict…
- § 782.5 (a) Any deed or other written instrument that relates to title to real property, or any written covenant, condition, or restriction annexed or made a part of,…
- § 783 A condominium is an estate in real property described in Section 4125 or 6542. A condominium may, with respect to the duration of its enjoyment, be either (1)…
- § 783.1 In a stock cooperative, as defined in Section 4190 or 6566, both the separate interest, as defined in paragraph (4) of subdivision (a) of Section 4185 or in…
- § 784 “Restriction,” when used in a statute that incorporates this section by reference, means a limitation on, or provision affecting, the use of real property in a…