CHAPTER 1. Transfers in General

Chapter 1 enacted 1872.

§§ 1039–1090.5 · 33 sections

1. 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…
2. 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.
3. 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…
4. 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.
5. 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…
6. 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…
7. 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…