reglab/housing_qa huggingface dataset:
CA Civ Code § 882.040 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 2 - Ancient Mortgages and Deeds of Trust|Section 882.040.

882.040.  (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all mortgages, deeds of trust, and other instruments that create a security interest in real property to secure a debt or other obligation, whether executed or recorded before, on, or after the operative date.(b) This chapter shall not cause the lien of a mortgage, deed of trust, or other security interest in real property to expire or become unenforceable before the passage of five years after the operative date of this chapter.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 884.010 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 4 - Unexercised Options|Section 884.010.

884.010.  If a recorded instrument creates or gives constructive notice of an option to purchase real property, the option expires of record if no conveyance, contract, or other instrument that gives notice of exercise or extends the option is recorded within the following times:(a) If the expiration date of the option is ascertainable from the recorded instrument, six months after that expiration date.(b) If the expiration date of the option is not ascertainable from the recorded instrument or the recorded instrument indicates that the option provides no expiration date, six months after the date the instrument that creates or gives constructive notice of the option is recorded. (c) This section shall become operative on January 1, 2013.(Repealed (in Sec. 2) and added by Stats. 2011, Ch. 46, Sec. 3. (SB 284) Effective January 1, 2012. Section operative January 1, 2013, by its own provisions.)
CA Civ Code § 884.020 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 4 - Unexercised Options|Section 884.020.

884.020.  Upon the expiration of record of an option to purchase real property, the recorded instrument that creates or gives constructive notice of the option ceases to be notice to any person or to put any person on inquiry with respect to the exercise or existence of the option or of any contract, conveyance, or other writing that may have been executed pursuant to the option.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 884.030 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 4 - Unexercised Options|Section 884.030.

884.030.  (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded instruments that create or give constructive notice of options to purchase real property, whether executed or recorded before, on, or after the operative date.(b) This chapter shall not cause an option that expires according to its terms within one year before, on, or within one year after the operative date of this chapter to expire of record until one year after the operative date.(c) This chapter shall not cause an option that provides no expiration date and that is recorded before the operative date of this chapter to expire of record until five years after the operative date of this chapter.(d) Nothing in this chapter affects a recorded instrument that has ceased to be notice to any person or put any person on inquiry with respect to the exercise or existence of an option pursuant to former Section 1213.5 before the operative date of this chapter.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 885.010 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.010.

885.010.  (a) As used in this chapter: (1) “Power of termination” means the power to terminate a fee simple estate in real property to enforce a restriction in the form of a condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as a power of termination, right of entry or reentry, right of possession or repossession, reserved power of revocation, or otherwise, and includes a possibility of reverter that is deemed to be and is enforceable as a power of termination pursuant to Section 885.020. (2) “Power of termination” includes the power created in a transferee to terminate a fee simple estate in real property to enforce a restriction on the use of the real property in the form of a limitation or condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as an executory interest, executory limitation, or otherwise, and includes the interest known at common law as an executory interest preceded by a fee simple determinable. (b) A power of termination is an interest in the real property.(c) For the purpose of applying this chapter to other statutes relating to powers of termination, the terms “right of reentry,” “right of repossession for breach of condition subsequent,” and comparable terms used in the other statutes mean “power of termination” as defined in this section.(Amended by Stats. 1991, Ch. 156, Sec. 15.)
CA Civ Code § 885.015 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.015.

885.015.  This chapter does not apply to any of the following:(a) A power of termination conditioned upon the continued production or removal of oil or gas or other minerals. (b) A power of termination as to separately owned improvements or fixtures conditioned upon the continued leasehold or possessory interest in the underlying land.(Amended by Stats. 1991, Ch. 156, Sec. 16.)
CA Civ Code § 885.020 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.020.

885.020.  Fees simple determinable and possibilities of reverter are abolished. Every estate that would be at common law a fee simple determinable is deemed to be a fee simple subject to a restriction in the form of a condition subsequent. Every interest that would be at common law a possibility of reverter is deemed to be and is enforceable as a power of termination.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 885.030 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.030.

885.030.  (a) A power of termination of record expires at the later of the following times:(1) Thirty years after the date the instrument reserving, transferring, or otherwise evidencing the power of termination is recorded.(2) Thirty years after the date a notice of intent to preserve the power of termination is recorded, if the notice is recorded within the time prescribed in paragraph (1).(3) Thirty years after the date an instrument reserving, transferring, or otherwise evidencing the power of termination or a notice of intent to preserve the power of termination is recorded, if the instrument or notice is recorded within 30 years after the date such an instrument or notice was last recorded.(b) This section applies notwithstanding any provision to the contrary in the instrument reserving, transferring, or otherwise evidencing the power of termination or in another recorded document unless the instrument or other recorded document provides an earlier expiration date.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 885.040 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.040.

885.040.  (a) If a power of termination becomes obsolete, the power expires. (b) As used in this section, a power of termination is obsolete if any of the following circumstances applies:(1) The restriction to which the fee simple estate is subject is of no actual and substantial benefit to the holder of the power.(2) Enforcement of the power would not effectuate the purpose of the restriction to which the fee simple estate is subject.(3) It would be otherwise inequitable to enforce the power because of changed conditions or circumstances.(c) No power of termination shall expire under this section during the life of the grantor if it arises from a grant by a natural person without consideration to a public entity or to a society, corporation, institution, or association exempt by the laws of this state from taxation.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 885.050 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.050.

885.050.  A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise shall be of record. The notice shall be given, and any civil action shall be commenced, within five years after breach of the restriction to which the fee simple estate is subject, or such longer period as may be agreed to by the parties by a waiver or extension recorded before expiration of that period.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 885.060 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.060.

885.060.  (a) Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the power of record and a quitclaim of the power to the owner of the fee simple estate, and execution and recording of a termination and quitclaim is not necessary to terminate or evidence the termination of the power.(b) Expiration of a power of termination pursuant to this chapter terminates the restriction to which the fee simple estate is subject and makes the restriction unenforceable by any other means, including, but not limited to, injunction and damages.(c) However, subdivision (b) does not apply to a restriction for which a power of termination has expired under this chapter if the restriction is also an equitable servitude alternatively enforceable by injunction. Such an equitable servitude shall remain enforceable by injunction and any other available remedies, but shall not be enforceable by a power of termination. This subdivision does not constitute a change in, but is declaratory of, the existing law. However, nothing in this subdivision shall be construed to make enforceable any restriction prohibited or made unenforceable by other provisions of law, including Section 53.(Amended by Stats. 1990, Ch. 1114, Sec. 1.)
CA Civ Code § 885.070 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 5 - Powers of Termination|Section 885.070.

885.070.  (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all powers of termination, whether executed or recorded before, on, or after the operative date. (b) If breach of the restriction to which the fee simple estate is subject occurred before the operative date of this chapter and the power of termination is not exercised before the operative date of this chapter, the power of termination shall be exercised, or in the case of a power of termination of record, exercised of record, within the earlier of the following times: (1) The time that would be applicable pursuant to the law in effect immediately prior to the operative date of this chapter. (2) Five years after the operative date of this chapter. (c) As used in this section, “operative date” means the operative date of this chapter as enacted or, with respect to any amendment of a section of this chapter, the operative date of the amendment.(Amended by Stats. 1991, Ch. 156, Sec. 17.)
CA Civ Code § 886.010 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 6 - Unperformed Contracts for Sale of Real Property|Section 886.010.

886.010.  As used in this chapter:(a) “Contract for sale of real property” means an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which requires conveyance of title within one year from the date of formation of the contract, whether designated in the agreement a “contract for sale of real property,” “land sale contract,” “deposit receipt,” “agreement for sale,” “agreement to convey,” or otherwise.(b) “Recorded contract for sale of real property” includes the entire terms of a contract for sale of real property that is recorded in its entirety or is evidenced by a recorded memorandum or short form of the contract.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 886.020 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 6 - Unperformed Contracts for Sale of Real Property|Section 886.020.

886.020.  If the party to whom title to real property is to be conveyed pursuant to a recorded contract for the sale of real property fails to satisfy the specified conditions set forth in the contract and does not seek performance of the contract or restitution of amounts paid under the contract, the party shall, upon demand therefor made after the operative date of this chapter, execute a release of the contract, duly acknowledged for record, to the party who agreed to convey title. Willful violation of this section by the party to whom title is to be conveyed without good cause makes the party liable for the damages the party who agreed to convey title sustains by reason of the violation, including but not limited to court costs and reasonable attorney’s fees in an action to clear title to the real property. Nothing in this section makes a release or a demand therefor a condition precedent to an action to clear title to the real property.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 886.030 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 6 - Unperformed Contracts for Sale of Real Property|Section 886.030.

886.030.  (a) Except as otherwise provided in this section, a recorded contract for sale of real property expires of record at the later of the following times:(1) Five years after the date for conveyance of title provided in the contract or, if no date for conveyance of title is provided in the contract, five years after the last date provided in the contract for satisfaction of the specified conditions set forth in the contract.(2) If there is a recorded extension of the contract within the time prescribed in paragraph (1), five years after the date for conveyance of title provided in the extension or, if no date for conveyance of title is provided in the extension, five years after the last date provided in the extension for satisfaction of the specified conditions set forth in the contract.(b) The time prescribed in this section may be waived or extended only by an instrument that is recorded before expiration of the prescribed times.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 886.040 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 6 - Unperformed Contracts for Sale of Real Property|Section 886.040.

886.040.  Upon the expiration of record of a recorded contract for sale of real property pursuant to this chapter, the contract has no effect, and does not constitute an encumbrance or cloud, on the title to the real property as against a person other than a party to the contract.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 886.050 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 6 - Unperformed Contracts for Sale of Real Property|Section 886.050.

886.050.  (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded contracts for sale of real property, whether recorded before, on, or after the operative date.(b) This chapter shall not cause a recorded contract for sale of real property to expire of record before the passage of two years after the operative date of this chapter.(Added by Stats. 1982, Ch. 1268, Sec. 1.)
CA Civ Code § 887.010 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.010.

887.010.  As used in this chapter, “easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.020 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.020.

887.020.  This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.030 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.030.

887.030.  This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute or otherwise for clearing an abandoned easement from title to real property.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.040 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.040.

887.040.  (a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the easement.(b) The action shall be brought in the superior court of the county in which the real property subject to the easement is located.(c) The action shall be brought in the same manner and shall be subject to the same procedure as an action to quiet title pursuant to Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure, to the extent applicable.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.050 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.050.

887.050.  (a) For purposes of this chapter, an easement is abandoned if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to establish abandonment of the easement:(1) The easement is not used at any time.(2) No separate property tax assessment is made of the easement or, if made, no taxes are paid on the assessment.(3) No instrument creating, reserving, transferring, or otherwise evidencing the easement is recorded.(b) This section applies notwithstanding any provision to the contrary in the instrument creating, reserving, transferring, or otherwise evidencing the easement or in another recorded document, unless the instrument or other document provides an earlier expiration date.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.060 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.060.

887.060.  (a) The owner of an easement may at any time record a notice of intent to preserve the easement.(b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the easement claimed, as otherwise required by paragraph (2) of subdivision (b) of Section 880.330, and in lieu of the legal description of the real property in which the interest is claimed, as otherwise required by paragraph (3) of subdivision (b) of Section 880.330, and notwithstanding the provisions of Section 880.340, or any other provision in this title, a notice of intent to preserve an easement may refer generally and without specificity to any or all easements claimed by the claimant in any real property situated in the county.(c) An easement is not abandoned for purposes of this chapter if either of the following occurs:(1) A notice of intent to preserve the easement is recorded within 20 years immediately preceding commencement of the action to establish the abandonment of the easement.(2) A notice of intent to preserve the easement is recorded pursuant to Section 887.070 after commencement of the action to establish the abandonment of the easement and before judgment is entered in the action.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.070 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.070.

887.070.  In an action to establish the abandonment of an easement pursuant to this chapter, the court shall permit the owner of the easement to record a late notice of intent to preserve the easement as a condition of dismissal of the action, upon payment into court for the benefit of the owner of the real property the litigation expenses attributable to the easement or portion thereof as to which the notice is recorded. As used in this section, the term “litigation expenses” means recoverable costs and expenses reasonably and necessarily incurred in preparation for the action, including a reasonable attorney’s fee.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.080 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.080.

887.080.  An abandoned easement is unenforceable and is deemed to have expired. A court order establishing abandonment of an easement pursuant to this chapter is equivalent for all purposes to a conveyance of the easement to the owner of the real property.(Added by Stats. 1985, Ch. 157, Sec. 2.)
CA Civ Code § 887.090 (2021)
2021 California Code|Civil Code - CIV|DIVISION 2 - PROPERTY|PART 2 - REAL OR IMMOVABLE PROPERTY|TITLE 5 - MARKETABLE RECORD TITLE|CHAPTER 7 - Abandoned Easements|Section 887.090.

887.090.  Subject to Sections 880.370 (grace period for recording notice) and 887.020, this chapter applies to all easements, whether executed or recorded before, on, or after January 1, 1986.(Added by Stats. 1985, Ch. 157, Sec. 2.)