CHAPTER 4. Recording Transfers

Chapter 4 enacted 1872.

§§ 1169–1220 · 38 sections

1. 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.
2. 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…
3. 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,…