Preservation Of Interests - General Provisions - CA Civil Law

Section § 880.310

If you have an interest in real property that might expire based on a certain deadline and can prevent this by recording a notice that you intend to keep it, you must do so before it actually expires. Recording this notice too late won't save your interest. Although recording this notice suggests you have not abandoned your interest, it doesn't stop a court from deciding otherwise based on other laws. It also doesn’t validate an interest if it's already invalid. It just shifts the burden of proof onto someone else to show you've given up your claim.

(a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to preserve the interest, a person may preserve the person’s interest from expiration by recording a notice of intent to preserve the interest before the interest expires pursuant to this title. Recordation of a notice of intent to preserve an interest in real property after the interest has expired pursuant to this title does not preserve the interest.

(b) Recordation of a notice of intent to preserve an interest in real property does not preclude a court from determining that an interest has been abandoned or is otherwise unenforceable pursuant to other law, whether before or after the notice of intent to preserve the interest is recorded, and does not validate or make enforceable a claim or interest that is otherwise invalid or unenforceable. Recordation of a notice of intent to preserve an interest in real property creates a presumption affecting the burden of proof that the person who claims the interest has not abandoned and does not intend to abandon the interest.

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(Added by Stats. 1982, Ch. 1268, Sec. 1.)

Section § 880.320

If you want to keep your claim on a piece of real estate, you can file a notice. The person who files it can either be the one claiming the property or someone else who has permission to act for the claimant. This is also possible if the claimant is part of a group with unclear identity when filing the notice.

A notice of intent to preserve an interest in real property may be recorded by any of the following persons:

(a) A person who claims the interest.

(b) Another person acting on behalf of a claimant if the person is authorized to act on behalf of the claimant or if the claimant is one of a class whose identity cannot be established or is uncertain at the time of recording the notice of intent to preserve the interest.

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(Added by Stats. 1982, Ch. 1268, Sec. 1.)

Section § 880.330

If you want to keep your claim to a piece of real estate in California, you must file a formal written notice called a 'notice of intent to preserve an interest in real property'. This notice must be signed and verified, and if someone else is signing for you, they need to state their authority to do so. The notice must include your name and address (or all claimants' names and addresses if there are multiple people involved), a description of what kind of interest you're claiming and a reference to the document where your claim is recorded, and a legal description of the property involved.

Subject to all statutory requirements for recorded documents:

(a) A notice of intent to preserve an interest in real property shall be in writing and signed and verified by or on behalf of the claimant. If the notice is made on behalf of a claimant, the notice shall include a statement of the authority of the person making the notice.

(b) The notice shall contain all of the following information:

(1) The name and mailing address of the claimant. If the notice is made by or on behalf of more than one claimant the notice shall contain the name and mailing address of each claimant.

(2) A statement of the character of interest claimed. The statement shall include a reference by record location to the recorded document that creates or evidences the interest in the claimant.

(3) A legal description of the real property in which the interest is claimed. The description may be the same as that contained in the recorded document that creates or evidences the interest in the claimant.

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(Added by Stats. 1982, Ch. 1268, Sec. 1.)

Section § 880.340

This law section is about how to properly record a notice if you want to keep your interest in a piece of real estate from being lost. It gives a template for how this notice should look and what details it must include, like the name and address of the person claiming interest, a description of the property, and the type of interest they have. Whoever files the notice has to swear that the information is accurate and not meant to falsely harm someone else's claim to the property. A certificate of acknowledgment is also needed, which serves as a formal confirmation of the document's authenticity.

Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following form:

RECORDING INFORMATION

Recording requested by:

FOR USE OF COUNTY
RECORDER

After recording return to:

Indexing instructions.
This notice must be
indexed as follows:

Grantor and grantee
index—each claimant
is a grantor.

NOTICE OF INTENT TO PRESERVE INTEREST

This notice is intended to preserve an interest in real property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title).

Claimant

Name:

Mailing address:
(must be given for each claimant)

Interest

Character (e.g., power of
termination):

Record location of document
creating or evidencing
interest in claimant:

Real Property

Legal description (may be same
as in recorded document
creating or evidencing
interest in claimant):

I assert under penalty of perjury that this notice is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this notice is true. If this notice is made on behalf of a claimant, I assert under penalty of perjury that I am authorized to act on behalf of the claimant.

Signed:

(claimant)

(person acting on behalf

of claimant)

Date:

Certificate of acknowledgment required.

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(Amended by Stats. 2012, Ch. 94, Sec. 1. (AB 1642) Effective January 1, 2013.)

Section § 880.350

If you want to keep your claim on a piece of real estate, you need to file a notice in the county where that property is located. The notice will be listed under your name in the county's official records, specifically in the section where property transactions are recorded. If multiple people are claiming an interest in the same property, each one needs to file separately, and each will be listed as if they were the original owner.

(a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated.

(b) The county recorder shall index a notice of intent to preserve an interest in real property in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the claimant under the notice shall be deemed to be the grantor. If a notice of intent to preserve is recorded by or on behalf of more than one claimant, each claimant shall be deemed to be a grantor and a separate index entry shall be made for each claimant.

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(Added by Stats. 1982, Ch. 1268, Sec. 1.)

Section § 880.360

This law says you can't file a notice to preserve your interest in a property just to wrongly imply that the property's ownership is in dispute, which is called slandering the title. If a court finds you did this, you'll have to pay the legal costs, including attorney fees, and any damages caused by your actions.

A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in an action or proceeding to establish or quiet title determines that a person recorded a notice of intent to preserve an interest for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording.

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(Added by Stats. 1982, Ch. 1268, Sec. 1.)

Section § 880.370

This law section states that if you need to file a notice to keep your stake in a piece of real estate and the deadline for that notice falls before, on, or within five years after the day this law takes effect, you actually have until five years after the law starts to file it.

If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on, or within five years after the operative date of the statute, the period is extended until five years after the operative date of the statute.

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(Added by Stats. 1982, Ch. 1268, Sec. 1.)