reglab/statecodes huggingface dataset:
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2 - Modifications of Ownership › ARTICLE 3 - Duration of Leases › Section 719.

719. Notwithstanding the 55-year limitation imposed by Section 718, property owned by, or held by, or under the management and control of, any city, or any department or board thereof, may be leased for a period which exceeds 55 years but does not exceed 99 years, if all of the following conditions are met:
(a) The lease shall be subject to periodic review by the city and shall take into consideration the then current market conditions. The local legislative body may, prior to final execution of the lease, establish the lease provisions which will periodically be reviewed, and determine when those provisions are to be reviewed.
(b) Any lease entered into by any city pursuant to this section shall be authorized by an ordinance adopted by the legislative body. The ordinance shall be subject to referendum in the manner prescribed by law for ordinances of cities.
(c) Prior to adopting an ordinance authorizing a lease, the legislative body shall hold a public hearing. Notice of the time and place of the hearing shall be published pursuant to Section 6066 of the Government Code, in one or more newspapers of general circulation within the city and shall be mailed to any person requesting special notice, to any present tenant of the public property, and to all owners of land adjoining the property.
(d) Any lease shall be awarded to the bidder which, in the determination of the legislative body, offers the greatest economic return to the city, after competitive bidding conducted in the manner determined by the legislative body. Notice inviting bids shall be published pursuant to Section 6066 in one or more newspapers of general circulation within the city.
(e) The provisions of subdivisions (b), (c), and (d) of this section do not apply to any charter city, which may utilize a procedure as specified by charter or adopted by ordinance in accordance with its charter.
(f) This section shall not apply to leases of property acquired for park purposes; to leases for the purpose of producing mineral, oil, gas, or other hydrocarbon substances; nor to leases of tidelands or submerged lands or improvements thereon.
(Added by Stats. 1983, Ch. 720, Sec. 1.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2 - Modifications of Ownership › ARTICLE 4 - Accumulations › Section 722.

722. Dispositions of the income of property to accrue and to be received at any time subsequent to the execution of the instrument creating such disposition are governed by the rules relating to future interests.
(Amended by Stats. 1991, Ch. 156, Sec. 12.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2 - Modifications of Ownership › ARTICLE 4 - Accumulations › Section 723.

723. All directions for the accumulation of the income of property, except such as are allowed by this Title, are void.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2 - Modifications of Ownership › ARTICLE 4 - Accumulations › Section 724.

724. (a)  An accumulation of the income of property may be directed by any will, trust or transfer in writing sufficient to pass the property or create the trust out of which the fund is to arise, for the benefit of one or more persons, objects or purposes, but may not extend beyond the time permitted for the vesting of future interests.
(b) Notwithstanding subdivision (a), the income arising from real or personal property held in a trust forming part of a profit-sharing plan of an employer for the exclusive benefit of its employees or their beneficiaries or forming part of a retirement plan formed primarily for the purpose of providing benefits for employees on or after retirement may be permitted to accumulate until the fund is sufficient, in the opinion of the trustee or trustees, to accomplish the purposes of the trust.
(Amended by Stats. 1991, Ch. 156, Sec. 13.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2 - Modifications of Ownership › ARTICLE 4 - Accumulations › Section 725.

725. If the direction for an accumulation of the income of property is for a longer term than is limited in the last section, the direction only, whether separable or not from the other provisions of the instrument, is void as respects the time beyond the limit prescribed in said last section, and no other part of such instrument is affected by the void portion of such direction.
(Amended by Stats. 1929, Ch. 143.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2 - Modifications of Ownership › ARTICLE 4 - Accumulations › Section 726.

726. When one or more persons for whose benefit an accumulation of income has been directed is or are destitute of other sufficient means of support or education, the proper court, upon application, may direct a suitable sum to be applied thereto out of the fund directed to be accumulated for the benefit of such person or persons.
(Amended by Stats. 1929, Ch. 143.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.01.

731.01. Nothing in this chapter shall affect the provisions of the Personal Income Tax Law and the Bank and Corporation Tax Law.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.02.

731.02. This chapter shall apply to all transactions by which a principal was established without the interposition of a trust on or after September 13, 1941, or is hereafter so established. Transactions by which a principal is held in trust are governed by Chapter 3 (commencing with Section 16300) of Part 4 of Division 9 of the Probate Code.
(Amended by Stats. 1986, Ch. 820, Sec. 3. Operative July 1, 1987, by Sec. 43 of Ch. 820.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.03.

731.03. (a) “Principal” as used in this chapter means any realty or personalty which has been so set aside or limited by the owner thereof or a person thereto legally empowered that it and any substitutions for it are eventually to be conveyed, delivered, or paid to a person, while the return therefrom or use thereof or any part of such return or use is in the meantime to be taken or received by or held for accumulation for the same or another person;
(b) “Income” as used in this chapter means the return derived from principal;
(c) “Tenant” as used in this chapter means the person to whom income is presently or currently payable, or for whom it is accumulated or who is entitled to the beneficial use of the principal presently and for a time prior to its distribution;
(d) “Remainderman” as used in this chapter means the person ultimately entitled to the principal, whether named or designated by the terms of the transaction by which the principal was established or determined by operation of law.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.04.

731.04. This chapter shall govern the ascertainment of income and principal and the apportionment of receipts and expenses between tenants and remaindermen in all cases where a principal has been established without the interposition of a trust, except that in the establishment of the principal, provision may be made touching all matters covered by this chapter, and the person establishing the principal may himself direct the manner of ascertainment of income and principal and the apportionment of receipts and expenses or grant discretion to the tenant or other person to do so, and such provision and direction, where not otherwise contrary to law shall control notwithstanding this chapter. The exercise by the tenant or other designated person, of such discretionary power if in good faith and according to his best judgment, shall be conclusive, irrespective of whether it may be in accordance with the determination which the court having jurisdiction would have made.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.05.

731.05. (a) All receipts of money or other property paid or delivered as rent of realty or hire of personalty, or interest on money loaned, or interest on or the rental or use value of property wrongfully withheld or tortiously damaged or otherwise in return for the use of principal, shall be deemed income unless otherwise expressly provided in this chapter. Dividends on corporate shares, payable in stock or otherwise, shall be deemed income except as provided in Section 731.07.
(b) All receipts of money or other property paid or delivered as the consideration for the sale or other transfer, not a leasing or letting, of property forming a part of principal, or as a repayment of loans, or in liquidation of the assets of a corporation, or as the proceeds of property taken on eminent domain proceedings where separate awards to tenant and remainderman are not made, or as proceeds of insurance upon property forming a part of the principal except where such insurance has been issued for the benefit of either tenant or remainderman alone, or otherwise as a refund or replacement or change in form of principal, shall be deemed principal unless otherwise expressly provided in this chapter. Any profit or loss resulting upon any change in form of principal shall inure to or fall upon principal, except in the case of property referred to and defined by Section 731.14, in which case the provisions of Section 731.14 shall govern.
(c) All income, after payment of expenses properly chargeable to it, shall be paid and delivered to the tenant or retained by him if already in his possession or held for accumulation where legally so directed by the terms of the transaction by which the principal was established; while the principal shall be held for ultimate distribution as determined by the terms of the transaction by which it was established or by law, except in the case of property referred to and defined by Section 731.14, in which case the provisions of Section 731.14 shall govern.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.06.

731.06. Whenever a tenant’s right to income shall cease by death, or in any other manner, all payments theretofore actually paid to the tenant shall belong to the tenant or to his personal representative; all income actually received after such termination shall be paid to the person next entitled to income by the terms of the transaction by which the principal was established.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.08.

731.08. Where any part of the principal consists of bonds or other obligations for the payment of money, they shall be deemed principal at their inventory value as fixed by the appraiser or appraisers regularly appointed by the court, or, in default thereof, at their market value at the time the principal was established, or at their cost where purchased later, regardless of their par or maturity value; and upon their respective maturities or upon their sale or other disposition any loss or gain realized thereon shall fall upon or inure to the principal, except in the case of property referred to and defined by Section 731.14, in which case the provisions of Section 731.14 shall govern. Where any part of the principal consists of a bond or other obligation for the payment of money, bearing no stated interest but redeemable at maturity or a future time at an amount in excess of the amount in consideration of which it was issued, such accretion, as when realized, shall inure to income.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.09.

731.09. (a) Whenever a tenant is authorized by the terms of the transaction by which the principal was established or by law, to use any part of the principal in the continuance of a business which the original owner of the property comprising the principal had been carrying on, the net profits of such business attributable to such principal shall be deemed income.
(b) Where such business consists of buying and selling property, the net profits for any period shall be ascertained by deducting from the gross returns during, and the inventory value of the property at the end of, such period, the expenses during, and the inventory value of the property at the beginning of, such period.
(c) Where such business does not consist of buying and selling property, the net income shall be computed in accordance with the customary practice of such business, but not in such way as to decrease the principal.
(d) Any increase in the value of the principal used in such business shall be deemed principal, and all losses in any one calendar year, after the income from such business for that year has been exhausted, shall fall upon principal.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.10.

731.10. Where any part of the principal consists of animals employed in business, the provisions of Section 731.09 shall apply; and in other cases where the animals are held as a part of the principal partly or wholly because of the offspring or increase which they are expected to produce, all offspring or increase shall be deemed principal to the extent necessary to maintain the original number of such animals and the remainder shall be deemed income; and in all other cases such offspring or increase shall be deemed income.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.11.

731.11. (a) Where any part of the principal consists of property in lands from which may be taken timber, minerals, oils, gas, or other natural resources, and the tenant in possession is not under a duty to change the form of the investment of the principal, or (the duty to change the form of the investment being absent) is authorized by law or by the terms of the transaction by which the principal was established, to lease or otherwise develop such natural resources, and no provision is made for the disposition of the net proceeds thereof after the payment of expenses and carrying charges on such property, such proceeds shall be deemed income, whether received as rent or bonus on a lease or as a consideration, by way of royalties or otherwise for the permanent severance of such natural resources from the lands. A duty to change the form of the investment shall be negatived, and authority to develop such natural resources shall be deemed to exist (not excluding other cases where appropriate intent is manifested) where: (1) the resources or the right to exploit them is specifically devised or granted, or (2) where development or exploitation of the resources had begun prior to the transaction by which the principal was established, or (3) where by the terms of that transaction a general authority to lease or otherwise develop is conferred, or (4) where the lands are directed to be retained. The fact that such property received upon creation of the principal does not fall within the category of investments which the tenant or a trustee would be authorized to make under the law or the terms of the particular instrument by which the principal is established, nor the conferring of a mere authority, as distinguished from a direction, to sell such property, shall not be deemed to evidence an intent that the form of the investment shall be changed.
(b) Where any part of the principal consists of property in lands containing such natural resources, and the conditions under which the proceeds thereof become income shall not exist, then in the absence of the expression of contrary intent in the terms of the transaction by which the principal was established, all such proceeds from such resources, not in excess of 5 percent per annum of the inventory value of such resources as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof their fair market value at the time the principal was established, or their cost if acquired later, shall be deemed income and the remainder principal.
(c) Nothing in this section shall be construed to abrogate or extend any right which may otherwise have accrued by law to a tenant to develop or work such natural resources for his own benefit.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.12.

731.12. Where any part of the principal consists of property subject to depletion, such as leaseholds, patents, copyrights, and royalty rights, and the tenant in possession is not under a duty to change the form of the investment of the principal, the full amount of rents, royalties, or income from the property shall be income to the tenant; but where the tenant is under a duty to change the form of the investment, either at once or as soon as a reasonable price, not representing an undue sacrifice of value, may be obtained, then the rents, royalties or income from such property not in excess of 5 percent per annum of its inventory value as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof its market value at the time the principal was established or at its cost where purchased later, shall be deemed income and the remainder principal.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.13.

731.13. (a) Where any part of a principal in the possession of a tenant consists of realty or personalty which for more than a year and until disposed of as hereinafter stated has not produced an average net income of at least 1 percent per annum of its inventory value as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof its market value at the time the principal was established or of its cost where purchased or otherwise acquired later, and the tenant is under a duty to change the form of the investment as soon as a reasonable price, not representing an undue sacrifice of value, may be obtained and such change is delayed, but is made before the principal is finally distributed, then the tenant shall be entitled to share in the net proceeds received from the property as delayed income to the extent hereinafter stated.
(b) Such income shall be the difference between the net proceeds received from the property and the amount which, had it been placed at simple interest at the rate of 5 percent per annum for the period during which the change was delayed, would have produced the net proceeds at the time of change, but in no event shall such income be more than the amount by which the net proceeds exceed the inventory value of the property as fixed by the appraiser or appraisers regularly appointed by the court, or in default thereof its market value at the time the principal was established or its cost where purchased later. The net proceeds shall consist of the gross proceeds received from the property less any expenses incurred in disposing of it and less all carrying charges which have been paid out of principal during the period while it has been unproductive.
(c) The change shall be taken to have been delayed from the time when the duty to make it first arose, which shall be presumed in the absence of evidence to the contrary, to be one year after the tenant first received the property if then unproductive, otherwise one year after it became unproductive.
(d) If the tenant has received any income from the property or has had any beneficial use thereof during the period while the change has been delayed, his share of the delayed income shall be reduced by the amount of such income received or the value of the use had.
(e) As between successive tenants, or a tenant and a remainderman, delayed income shall be apportioned in the same manner as provided for income by Section 731.06.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 2.6 - Legal Estates Principal and Income Law › Section 731.15.

731.15. (a) All ordinary expenses incurred in connection with the principal or with its administration and management, including regularly recurring taxes assessed against any portion of the principal, water rates, premiums on insurance taken upon the estates of both tenant and remainderman, interest on mortgages on the principal, ordinary repairs, compensation of assistants and court costs on regular accountings, except attorneys’ fees, shall be paid out of income. But such expenses where incurred in disposing of, or as carrying charges on, unproductive property as defined in Section 731.13, shall be paid out of principal, subject to the provisions of subdivision (b) of Section 731.13. Attorneys’ fees for ordinary or current services shall be paid one-half out of income; one-half out of principal or in such other proportion as the court may direct.
(b) Attorneys’ fees and other costs incurred in maintaining or defending any action to protect the property or assure the title thereof, unless due to the fault or cause of the tenant, costs of, or assessments for, improvements to property forming part of the principal, brokers’ commissions, title charges, and other costs incurred in connection with purchasing, selling, or leasing property, or investing or reinvesting principal, and all other expenses, except as specified in subdivision (a) of this section, shall be paid out of principal. Any tax levied by any authority, federal, state, or foreign, upon profit or gain defined under the terms of subdivision (b) of Section 731.05 shall be paid out of principal, notwithstanding such tax may be denominated a tax upon income by the taxing authority.
(Added by Stats. 1968, Ch. 193.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 3 - Rights of Owners › Section 733.

733. When, in consequence of a valid limitation of a future interest, there is a suspension of the power of alienation or of the ownership during the continuation of which the income is undisposed of, and no valid direction for its accumulation is given, such income belongs to the persons presumptively entitled to the next eventual interest.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 4 - Termination of Ownership › Section 739.

739. A future interest, depending on the contingency of the death of any person without successors, heirs, issue, or children, is defeated by the birth of a posthumous child of such person, capable of taking by succession.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 4 - Termination of Ownership › Section 740.

740. A future interest may be defeated in any manner or by any act or means which the party creating such interest provided for or authorized in the creation thereof; nor is a future interest, thus liable to be defeated, to be on that ground adjudged void in its creation.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 4 - Termination of Ownership › Section 741.

741. No future interest can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent interest, nor by any destruction of such precedent interest by forfeiture, surrender, merger, or otherwise, except as provided by the next section, or where a forfeiture is imposed by statute as a penalty for the violation thereof.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 2 - OWNERSHIP › CHAPTER 4 - Termination of Ownership › Section 742.

742. No future interest, valid in its creation, is defeated by the determination of the precedent interest before the happening of the contingency on which the future interest is limited to take effect; but should such contingency afterwards happen, the future interest takes effect in the same manner and to the same extent as if the precedent interest had continued to the same period.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 3 - GENERAL DEFINITIONS › Section 748.

748. The income of property, as the term is used in this Part of the Code, includes the rents and profits of real property, the interest of money, dividends upon stock, and other produce of personal property.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 1 - PROPERTY IN GENERAL › TITLE 3 - GENERAL DEFINITIONS › Section 749.

749. The delivery of the grant, where a limitation, condition, or future interest is created by grant, and the death of the testator, where it is created by will, is to be deemed the time of the creation of the limitation, condition, or interest, within the meaning of this Part of the Code.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 1 - GENERAL PROVISIONS › Section [755.].

[755.]  Section Seven Hundred and Fifty-five. Real property within the State is governed by the law of this State, except where the title is in the United States.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 761.

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. Estates for years; or,
4. Estates at will.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section [762.].

[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 absolute fee.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 763.

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 thereon, is a fee simple absolute.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 764.

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 upon a fee, and vests in possession on the death of the first taker, without issue living at the time of his death.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 765.

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 subject to enforcement of a money judgment.
(Amended by Stats. 1982, Ch. 497, Sec. 2. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section [766.].

[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.
(Amended by Code Amendments 1873-74, Ch. 612.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 767.

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 the termination, by lapse of time or otherwise, of a precedent estate created at the same time.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 768.

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 on the determination of a particular estate granted or devised.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 769.

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.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 773.

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; an estate for life may be created in a term of years, and a remainder limited thereon; a remainder of a freehold or chattel real, either contingent or vested, may be created, expectant on the determination of a term of years; and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed by the statutory rule against perpetuities in Article 2 (commencing with Section 21205) of Chapter 1 of Part 2 of Division 11 of the Probate Code.
(Amended by Stats. 1991, Ch. 156, Sec. 14.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 778.

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 remainder is to be deemed a conditional limitation.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 779.

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 termination of the life estate, are the successors or heirs of the body of the owner for life, are entitled to take by virtue of the remainder so limited to them, and not as mere successors of the owner for life.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 780.

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 take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 781.

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.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 782.

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 the right of any persons to sell, lease, rent, use, or occupy the property to persons having any characteristic listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, by providing for payment of a penalty, forfeiture, reverter, or otherwise, is void.
(b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of this code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of this code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a).
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 22) by Stats. 2013, Ch. 605, Sec. 10. (SB 752) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 782.5.

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, by reference or otherwise, any deed or instrument that relates to title to real property, which contains any provision that purports to forbid, restrict, or condition the right of any person or persons to sell, buy, lease, rent, use, or occupy the property on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with respect to any person or persons, shall be deemed to be revised to omit that provision.
(b) Notwithstanding subdivision (a), with respect to familial status, subdivision (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in subdivision (a) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of this code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of this code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to subdivision (a).
(c) This section shall not be construed to limit or expand the powers of a court to reform a deed or other written instrument.
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 23) by Stats. 2013, Ch. 605, Sec. 11. (SB 752) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 783.

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) an estate of inheritance or perpetual estate, (2) an estate for life, (3) an estate for years, such as a leasehold or a subleasehold, or (4) any combination of the foregoing.
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 24) by Stats. 2013, Ch. 605, Sec. 12. (SB 752) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 783.1.

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 paragraph (3) of subdivision (a) of Section 6564, and the correlative interest in the stock cooperative corporation, however designated, are interests in real property.
(Amended (as amended by Stats. 2012, Ch. 181, Sec. 25) by Stats. 2013, Ch. 605, Sec. 13. (SB 752) Effective January 1, 2014.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 1 - Estates in General › Section 784.

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 deed, declaration, or other instrument, whether in the form of a covenant, equitable servitude, condition subsequent, negative easement, or other form of restriction.
(Added by Stats. 1998, Ch. 14, Sec. 1. Effective January 1, 1999.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2 - Termination of Estates › Section 789.

789. A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 30 days, to be specified in the notice.
(Amended by Stats. 2002, Ch. 664, Sec. 32. Effective January 1, 2003.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2 - Termination of Estates › Section 789.3.

789.3. (a) A landlord shall not with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his residence willfully cause, directly or indirectly, the interruption or termination of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, telephone, elevator, or refrigeration, whether or not the utility service is under the control of the landlord.
(b) In addition, a landlord shall not, with intent to terminate the occupancy under any lease or other tenancy or estate at will, however created, of property used by a tenant as his or her residence, willfully:
(1) Prevent the tenant from gaining reasonable access to the property by changing the locks or using a bootlock or by any other similar method or device;
(2) Remove outside doors or windows; or
(3) Remove from the premises the tenant’s personal property, the furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3.
Nothing in this subdivision shall be construed to prevent the lawful eviction of a tenant by appropriate legal authorities, nor shall anything in this subdivision apply to occupancies defined by subdivision (b) of Section 1940.
(c) Any landlord who violates this section shall be liable to the tenant in a civil action for all of the following:
(1) Actual damages of the tenant.
(2) An amount not to exceed one hundred dollars ($100) for each day or part thereof the landlord remains in violation of this section. In determining the amount of such award, the court shall consider proof of such matters as justice may require; however, in no event shall less than two hundred fifty dollars ($250) be awarded for each separate cause of action. Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to a separate award of damages.
(d) In any action under subdivision (c) the court shall award reasonable attorney’s fees to the prevailing party. In any such action the tenant may seek appropriate injunctive relief to prevent continuing or further violation of the provisions of this section during the pendency of the action. The remedy provided by this section is not exclusive and shall not preclude the tenant from pursuing any other remedy which the tenant may have under any other provision of law.
(Amended by Stats. 1979, Ch. 333.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2 - Termination of Estates › Section 790.

790. After such notice has been served, and the period specified by such notice has expired, but not before, the landlord may reënter, or proceed according to law to recover possession.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2 - Termination of Estates › Section 791.

791. Whenever the right of reentry is given to a grantor or a lessor in any grant or lease or otherwise, such reentry may be made at any time after the right has accrued, upon three days’ notice, as provided in sections 1161 and 1162, Code of Civil Procedure; provided, however, that the said three days’ notice shall not be required in cases where the hiring of real property is for a term not specified by the parties and where such hiring was terminated under and in accordance with the provisions of section 1946 of the Civil Code.
(Amended by Stats. 1931, Ch. 1033.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2 - Termination of Estates › Section 792.

792. Summary proceedings for obtaining possession of real property forcibly entered, or forcibly and unlawfully detained, are provided for in Sections 1159 to 1175, both inclusive, of the Code of Civil Procedure.
(Enacted 1872.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2 - Termination of Estates › Section 793.

793. An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, after the right to re-enter has accrued, without the notice prescribed in section seven hundred and ninety-one.
(Amended by Stats. 1905, Ch. 438.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.5 - Mobilehome Residency Law › ARTICLE 1 - General › Section 798.

798. This chapter shall be known and may be cited as the “Mobilehome Residency Law.”
(Amended by Stats. 1992, Ch. 958, Sec. 1. Effective September 28, 1992.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.5 - Mobilehome Residency Law › ARTICLE 1 - General › Section 798.1.

798.1. Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
(Added by Stats. 1978, Ch. 1031.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.5 - Mobilehome Residency Law › ARTICLE 1 - General › Section 798.2.

798.2. “Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park.
(Added by Stats. 1978, Ch. 1031.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.5 - Mobilehome Residency Law › ARTICLE 1 - General › Section 798.3.

798.3. (a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
(b) “Mobilehome,” for purposes of this chapter, other than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met:
(1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991.
(2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992.
“Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20).
(Amended by Stats. 2005, Ch. 595, Sec. 1. Effective January 1, 2006.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.5 - Mobilehome Residency Law › ARTICLE 1 - General › Section 798.4.

798.4. “Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
(Added by Stats. 1978, Ch. 1031.)
2023 California Code › Civil Code - CIV › DIVISION 2 - PROPERTY › PART 2 - REAL OR IMMOVABLE PROPERTY › TITLE 2 - ESTATES IN REAL PROPERTY › CHAPTER 2.5 - Mobilehome Residency Law › ARTICLE 1 - General › Section 798.6.

798.6. “Park” is a manufactured housing community as defined in Section 18210.7 of the Health and Safety Code, or a mobilehome park.
(Amended by Stats. 2007, Ch. 596, Sec. 1. Effective January 1, 2008.)