reglab/statecodes huggingface dataset:
2023 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 882.020.

882.020. (a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosure commenced, power of sale exercised, or any other means asserted after, the later of the following times:
(1) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date.
(2) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the recorded evidence of indebtedness, or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, 60 years after the date the instrument that created the security interest was recorded.
(3) If a notice of intent to preserve the security interest is recorded within the time prescribed in paragraph (1) or (2), 10 years after the date the notice is recorded.
(b) For the purpose of this section, a power of sale is deemed to be exercised upon recordation of the deed executed pursuant to the power of sale.
(c) The times prescribed in this section may be extended in the same manner and to the same extent as a waiver made pursuant to Section 360.5 of the Code of Civil Procedure, except that an instrument is effective to extend the prescribed times only if it is recorded before expiration of the prescribed times.
(Amended by Stats. 2006, Ch. 575, Sec. 1. Effective January 1, 2007.)
2023 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 882.030.

882.030. Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien unenforceable by any means commenced or asserted thereafter and is equivalent for all purposes to a certificate of satisfaction, reconveyance, release, or other discharge of the security interest, and execution and recording of a certificate of satisfaction, reconveyance, release, or other discharge is not necessary to terminate or evidence the termination of the security interest. Nothing in this section precludes execution and recording at any time of a certificate of satisfaction, reconveyance, release, or other discharge.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
2023 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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 1 - General Provisions › Section 883.110.

883.110. As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 1 - General Provisions › Section 883.120.

883.120. (a) This chapter does not apply to a mineral right reserved to the United States (whether in a patent, pursuant to federal law, or otherwise) or to an oil or gas lease, mining claim, or other mineral right of a person entitled pursuant thereto, to the extent provided in Section 880.240.
(b) This chapter does not apply to a mineral right of the state or a local public entity, or of any other person, to the extent provided in Section 880.240.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 1 - General Provisions › Section 883.130.

883.130. Nothing in this chapter limits or affects the common law governing abandonment of a mineral right or any other procedure provided by statute for clearing an abandoned mineral right from title to real property.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 1 - General Provisions › Section 883.140.

883.140. (a) As used in this section:
(1) “Lessee” includes an assignee or other successor in interest of the lessee.
(2) “Lessor” includes a successor in interest or heir or grantee of the lessor.
(b) If the term of a mineral right lease has expired or a mineral right lease has been abandoned by the lessee, the lessee shall, within 30 days after demand therefor by the lessor, execute, acknowledge, and deliver, or cause to be recorded, a deed quitclaiming all interest in and to the mineral rights covered by the lease. If the expiration or abandonment covers less than the entire interest of the lessee, the lessee shall execute, acknowledge, and deliver an appropriate instrument or notice of surrender or termination that covers the interest that has expired or been abandoned.
(c) If the lessee fails to comply with the requirements of this section, the lessee is liable for all damages sustained by the lessor as a result of the failure, including, but not limited to, court costs and reasonable attorney’s fees in an action to clear title to the lessor’s interest. The lessee shall also forfeit to the lessor the sum of one hundred fifty dollars ($150).
(d) Nothing in this section makes a quitclaim deed or other instrument or notice of surrender or termination, or a demand therefor, a condition precedent to an action to clear title to the lessor’s interest.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.210.

883.210. The owner of real property subject to a mineral right may bring an action to terminate the mineral right pursuant to this article if the mineral right is dormant.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.220.

883.220. For the purpose of this article, a mineral right is dormant if all of the following conditions are satisfied for a period of 20 years immediately preceding commencement of the action to terminate the mineral right:
(a) There is no production of the minerals and no exploration, drilling, mining, development, or other operations that affect the minerals, whether on or below the surface of the real property or on other property, whether or not unitized or pooled with the real property.
(b) No separate property tax assessment is made of the mineral right or, if made, no taxes are paid on the assessment.
(c) No instrument creating, reserving, transferring, or otherwise evidencing the mineral right is recorded.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.230.

883.230. (a) An owner of a mineral right may at any time record a notice of intent to preserve the mineral right.
(b) In lieu of the statement of the character of the interest claimed and the record location of the documents creating or evidencing the mineral rights 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 a mineral right may refer generally and without specificity to any or all mineral rights claimed by claimant in any real property situated in the county.
(c) A mineral right is not dormant for the purpose of this article if:
(1) A notice of intent to preserve the mineral right is recorded within 20 years immediately preceding commencement of the action to terminate the mineral right.
(2) A notice of intent to preserve the mineral right is recorded pursuant to Section 883.250 after commencement of the action to terminate the mineral right.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.240.

883.240. (a) An action to terminate a mineral right pursuant to this article shall be brought in the superior court of the county in which the real property subject to the mineral right is located.
(b) 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. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.250.

883.250. In an action to terminate a mineral right pursuant to this article, the court shall permit the owner of the mineral right to record a late notice of intent to preserve the mineral right 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 mineral right 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. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.260.

883.260. A mineral right terminated pursuant to this article is unenforceable and is deemed to have expired. A court order terminating a mineral right pursuant to this article is equivalent for all purposes to a conveyance of the mineral right to the owner of the real property.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 5 - MARKETABLE RECORD TITLE › CHAPTER 3 - Mineral Rights › ARTICLE 2 - Termination of Dormant Mineral Right › Section 883.270.

883.270. Subject to Section 880.370 (grace period for recording notice), this article applies to all mineral rights, whether executed or recorded before, on, or after January 1, 1985.
(Added by Stats. 1984, Ch. 240, Sec. 2.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 6 - RENT SKIMMING › Section 890.

890. (a) (1) “Rent skimming” means using revenue received from the rental of a parcel of residential real property at any time during the first year period after acquiring that property without first applying the revenue or an equivalent amount to the payments due on all mortgages and deeds of trust encumbering that property.
(2) For purposes of this section, “rent skimming” also means receiving revenue from the rental of a parcel of residential real property where the person receiving that revenue, without the consent of the owner or owner’s agent, asserted possession or ownership of the residential property, whether under a false claim of title, by trespass, or any other unauthorized means, rented the property to another, and collected rents from the other person for the rental of the property. This paragraph does not apply to any tenant, subtenant, lessee, sublessee, or assignee, nor to any other hirer having a lawful occupancy interest in the residential dwelling.
(b) “Multiple acts of rent skimming” means knowingly and willfully rent skimming with respect to each of five or more parcels of residential real property acquired within any two-year period.
(c) “Person” means any natural person, any form of business organization, its officers and directors, and any natural person who authorizes rent skimming or who, being in a position of control, fails to prevent another from rent skimming.
(Amended by Stats. 1998, Ch. 193, Sec. 1. Effective January 1, 1999.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 6 - RENT SKIMMING › Section 892.

892. (a) Any person who engages in multiple acts of rent skimming is subject to criminal prosecution. Each act of rent skimming comprising the multiple acts of rent skimming shall be separately alleged. A person found guilty of five acts shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year, by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. A person found guilty of additional acts shall be separately punished for each additional act by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year, by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) If a defendant has been once previously convicted of a violation of subdivision (a), any subsequent knowing and willful act of rent skimming shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or by imprisonment in a county jail for not more than one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(c) A prosecution for a violation of this section shall be commenced within three years after the date of the acquisition of the last parcel of property that was the subject of the conduct for which the defendant is prosecuted.
(d)  The penalties under this section are in addition to any other remedies or penalties provided by law for the conduct proscribed by this section.
(Amended by Stats. 2011, Ch. 15, Sec. 31. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 6 - RENT SKIMMING › Section 893.

893. (a) It is an affirmative defense for a natural person who is a defendant in a civil action brought under Section 891, or a criminal action brought under Section 892, if all of the following occurred:
(1) The defendant used the rental revenue due but not paid to holders of mortgages or deeds of trust to make payments to any of the following:
(A) Health care providers, as defined in paragraph (2) of subdivision (c) of Section 6146 of the Business and Professions Code, for the unforeseen and necessary medical treatment of the defendant or his or her spouse, parents, or children.
(B) Licensed contractors or material suppliers to correct the violation of any statute, ordinance, or regulation relating to the habitability of the premises.
(2) The defendant made the payments within 30 days of receiving the rental revenue.
(3) The defendant had no other source of funds from which to make the payments.
(b) The defendant has the burden of producing evidence of each element of the defense specified in subdivision (a) in a criminal action under Section 892 and the burden of proof of each element of the defense in a civil action under Section 891.
(Added by Stats. 1986, Ch. 838, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 6 - RENT SKIMMING › Section 894.

894. If any provision of this title or the application thereof to any person or circumstances is held to be unconstitutional, the remainder of the title and the application of its provisions to other persons and circumstances shall not be affected thereby.
(Added by Stats. 1986, Ch. 838, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 1 - Definitions › Section 895.

895. (a) “Structure” means any residential dwelling, other building, or improvement located upon a lot or within a common area.
(b) “Designed moisture barrier” means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer’s recommendations.
(c) “Actual moisture barrier” means any component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture.
(d) “Unintended water” means water that passes beyond, around, or through a component or the material that is designed to prevent that passage.
(e) “Close of escrow” means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, “close of escrow” means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association’s ability to decide whether to initiate a claim under this title, whichever is later.
(f) “Claimant” or “homeowner” includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development, any association as defined in Section 4080.
(Amended by Stats. 2012, Ch. 181, Sec. 29. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 2 - Actionable Defects › Section 897.

897. The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 900.

900. As to fit and finish items, a builder shall provide a homebuyer with a minimum one-year express written limited warranty covering the fit and finish of the following building components. Except as otherwise provided by the standards specified in Chapter 2 (commencing with Section 896), this warranty shall cover the fit and finish of cabinets, mirrors, flooring, interior and exterior walls, countertops, paint finishes, and trim, but shall not apply to damage to those components caused by defects in other components governed by the other provisions of this title. Any fit and finish matters covered by this warranty are not subject to the provisions of this title. If a builder fails to provide the express warranty required by this section, the warranty for these items shall be for a period of one year.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 901.

901. A builder may, but is not required to, offer greater protection or protection for longer time periods in its express contract with the homeowner than that set forth in Chapter 2 (commencing with Section 896). A builder may not limit the application of Chapter 2 (commencing with Section 896) or lower its protection through the express contract with the homeowner. This type of express contract constitutes an “enhanced protection agreement.”
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 902.

902. If a builder offers an enhanced protection agreement, the builder may choose to be subject to its own express contractual provisions in place of the provisions set forth in Chapter 2 (commencing with Section 896). If an enhanced protection agreement is in place, Chapter 2 (commencing with Section 896) no longer applies other than to set forth minimum provisions by which to judge the enforceability of the particular provisions of the enhanced protection agreement.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 903.

903. If a builder offers an enhanced protection agreement in place of the provisions set forth in Chapter 2 (commencing with Section 896), the election to do so shall be made in writing with the homeowner no later than the close of escrow. The builder shall provide the homeowner with a complete copy of Chapter 2 (commencing with Section 896) and advise the homeowner that the builder has elected not to be subject to its provisions. If any provision of an enhanced protection agreement is later found to be unenforceable as not meeting the minimum standards of Chapter 2 (commencing with Section 896), a builder may use this chapter in lieu of those provisions found to be unenforceable.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 904.

904. If a builder has elected to use an enhanced protection agreement, and a homeowner disputes that the particular provision or time periods of the enhanced protection agreement are not greater than, or equal to, the provisions of Chapter 2 (commencing with Section 896) as they apply to the particular deficiency alleged by the homeowner, the homeowner may seek to enforce the application of the standards set forth in this chapter as to those claimed deficiencies. If a homeowner seeks to enforce a particular standard in lieu of a provision of the enhanced protection agreement, the homeowner shall give the builder written notice of that intent at the time the homeowner files a notice of claim pursuant to Chapter 4 (commencing with Section 910).
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 7 - REQUIREMENTS FOR ACTIONS FOR CONSTRUCTION DEFECTS › CHAPTER 3 - Obligations › Section 905.

905. If a homeowner seeks to enforce Chapter 2 (commencing with Section 896), in lieu of the enhanced protection agreement in a subsequent litigation or other legal action, the builder shall have the right to have the matter bifurcated, and to have an immediately binding determination of his or her responsive pleading within 60 days after the filing of that pleading, but in no event after the commencement of discovery, as to the application of either Chapter 2 (commencing with Section 896) or the enhanced protection agreement as to the deficiencies claimed by the homeowner. If the builder fails to seek that determination in the timeframe specified, the builder waives the right to do so and the standards set forth in this title shall apply. As to any nonoriginal homeowner, that homeowner shall be deemed in privity for purposes of an enhanced protection agreement only to the extent that the builder has recorded the enhanced protection agreement on title or provided actual notice to the nonoriginal homeowner of the enhanced protection agreement. If the enhanced protection agreement is not recorded on title or no actual notice has been provided, the standards set forth in this title apply to any nonoriginal homeowners’ claims.
(Added by Stats. 2002, Ch. 722, Sec. 3. Effective January 1, 2003.)