A transfer of real property passes all easements attached thereto, and creates in favor thereof an easement to use other real property of the person whose estate is transferred in the same manner and to the same extent as such property was obviously and permanently used by the person whose estate is transferred, for the benefit thereof, at the time when the transfer was agreed upon or completed.
Article 2Effect of Transfer
Section § 1104
When someone transfers ownership of a property, all rights to use parts of surrounding land that come with it, known as easements, are included. The new owner can use these easements just like the old owner did at the time of the transfer.
easements real property transfer ownership rights attached easements property use land use rights permanent use transfer of ownership estate transfer property benefit surrounding land use new owner rights old owner use estate easements real estate transaction
Section § 1105
When someone gives real estate to another person, it's generally assumed that they are giving full ownership unless the details specifically say they meant to give something less.
A fee simple title is presumed to be intended to pass by a grant of real property, unless it appears from the grant that a lesser estate was intended.
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Section § 1106
If someone tries to sell or give away full ownership of a property, even if they don't own it yet, and later they do get ownership rights, that ownership automatically goes to the person they first tried to give or sell the property to, or to the people who take over from that person.
Where a person purports by proper instrument to grant real property in fee simple, and subsequently acquires any title, or claim of title thereto, the same passes by operation of law to the grantee, or his successors.
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Section § 1107
This law means that once someone gives or transfers real estate to someone else, the transfer is final and cannot be disputed by the person who transferred it or anyone who later tries to claim from them. The only exception is for someone who buys or gets a right to the property honestly and pays for it, and whose claim is officially recorded first.
Every grant of an estate in real property is conclusive against the grantor, also against every one subsequently claiming under him, except a purchaser or incumbrancer who in good faith and for a valuable consideration acquires a title or lien by an instrument that is first duly recorded.
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Section § 1108
If someone who owns property for a limited time, like for life or for years, tries to give away more ownership than they actually have, they don't lose their rights to the property. Instead, the person receiving the property only gets as much of it as the original owner is legally allowed to give.
A grant made by the owner of an estate for life or years, purporting to transfer a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer.
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Section § 1109
If someone receives property through a grant that has specific conditions, and they fail to meet those conditions, they have to give the property back to the original giver or their heirs. This must be done through a formal document that can be recorded officially.
Where a grant is made upon condition subsequent, and is subsequently defeated by the non-performance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant, duly acknowledged for record.
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Section § 1111
This section says that if someone transfers the right to collect rent (also known as 'rents'), or transfers future interests in property (called 'reversions' or 'remainders'), it's valid without the tenant having to formally acknowledge the new owner. However, if a tenant paid rent to the original landlord before learning about this transfer, they won't be penalized or worried about any repercussions from the new owner.
Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants; but no tenant who, before notice of the grant, shall have paid rent to the grantor, must suffer any damage thereby.
rents reversions remainders tenant attornment rent payment protection property interests landlord tenant grantor new owner rent transfers landlord transfer property rights tenant notice real estate grant
Section § 1113
This law states that when someone uses the word "grant" in a property transfer document for passing ownership, it automatically includes certain promises unless explicitly stated otherwise. First, it means the seller hasn't sold the property to anyone else before. Second, it asserts that the property is free of any hidden burdens or claims caused by them. These promises are legally binding and can be enforced as if they were written down in the agreement.
From the use of the word “grant” in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance:
1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;
2. That such estate is at the time of the
execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him.
Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance.
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Section § 1115
This law does away with lineal and collateral warrantees, which are types of guarantees related to property ownership. However, if someone makes an agreement or promise about the ownership or title of a property, their heirs or people who inherit from them are responsible for fulfilling those promises, specifically up to the value of the property they inherited, as required by law.
Lineal and collateral warrantees, with all their incidents, are abolished; but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the manner prescribed by law.
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Section § 1133
This law section requires that before selling or leasing a subdivision parcel that is under a blanket encumbrance, the seller or lessor must inform the buyer or lessee about the potential risk of foreclosure due to that encumbrance. The buyer or lessee needs to sign a notice acknowledging this risk. A subdivision refers to any land, improved or not, divided for sale or lease, including condominium projects and housing cooperatives. If this notice isn't signed, the sale or lease remains valid, but failing to follow these rules can result in fines and liability for damages, along with potential attorney fees.
(a)CA Civil Law Code § 1133(a) If a lot, parcel, or unit of a subdivision is subject to a blanket encumbrance, as defined in Section 11013 of the Business and Professions Code, but is exempt from a requirement of compliance with Section 11013.2 of the Business and Professions Code, the subdivider, his or her agent, or representative, shall not sell, or lease for a term exceeding five years, the lot, parcel, or unit, nor cause
it to be sold, or leased for a term exceeding five years, until the prospective purchaser or lessee of the lot, parcel, or unit has been furnished with and has signed a true copy of the following notice:
BUYER/LESSEE IS AWARE OF THE FACT THAT THE LOT, PARCEL, OR UNIT WHICH HE OR SHE IS PROPOSING TO PURCHASE OR LEASE IS SUBJECT TO A DEED OF TRUST, MORTGAGE, OR OTHER LIEN KNOWN AS A “BLANKET ENCUMBRANCE.”
IF BUYER/LESSEE PURCHASES OR LEASES THIS LOT, PARCEL, OR UNIT, HE OR SHE COULD LOSE THAT INTEREST THROUGH FORECLOSURE OF THE BLANKET ENCUMBRANCE OR OTHER LEGAL PROCESS EVEN THOUGH BUYER/LESSEE IS NOT DELINQUENT IN HIS OR HER PAYMENTS OR OTHER OBLIGATIONS UNDER THE MORTGAGE, DEED OF TRUST, OR LEASE.
______ ________________
DateSignature of
Buyer or Lessee
______ ________________
DateSignature of
Buyer or Lessee
(b)CA Civil Law Code § 1133(b) “Subdivision,” as used in subdivision (a), means improved or unimproved land that is divided or proposed to be divided for the purpose of sale, lease, or financing, whether immediate or future, into two or more lots, parcels, or units and includes a condominium project, as defined in Section 4125 or 6542, a community apartment project, as defined in Section 4105, a stock cooperative, as defined in Section 4190 or 6566, and a limited equity housing cooperative, as defined in Section 4190.
(c)CA Civil Law Code § 1133(c) The failure of the buyer or lessee to sign the notice shall not invalidate any grant, conveyance, lease, or encumbrance.
(d)CA Civil Law Code § 1133(d) Any person or entity
who willfully violates the provisions of this section shall be liable to the purchaser of a lot or unit which is subject to the provisions of this section for actual damages, and, in addition thereto, shall be guilty of a public offense punishable by a fine in an amount not to exceed five hundred dollars ($500). In an action to enforce the liability or fine, the prevailing party shall be awarded reasonable attorney’s fees.
subdivision parcel blanket encumbrance inform buyer risk of foreclosure buyer acknowledgement land division condominium projects housing cooperatives notice requirement buyer liability seller obligations failure to sign actual damages public offense attorney's fees
Section § 1134
Before selling a converted residential unit like a condo, the seller has to tell the buyer about any major problems or say they found none after a proper inspection. Major systems include things like the roof, plumbing, or electrical. If the buyer gets this disclosure after agreeing to the purchase, they have a short time to back out. If someone doesn't follow these rules, they might have to pay for any damage caused by their failure. However, even if these steps are skipped, the sale itself isn’t automatically void. And this requirement doesn’t replace other legal obligations for disclosure.
(a)CA Civil Law Code § 1134(a) As soon as practicable before transfer of title for the first sale of a unit in a residential condominium, community apartment project, or stock cooperative which was converted from an existing dwelling to a condominium project, community apartment project, or stock cooperative, the owner or subdivider, or agent of the owner or subdivider, shall deliver to a prospective buyer a written statement listing all substantial defects or malfunctions in the major systems in the unit and common areas of the premises, or a written statement disclaiming knowledge of any such substantial defects or malfunctions. The disclaimer may be
delivered only after the owner or subdivider has inspected the unit and the common areas and has not discovered a substantial defect or malfunction which a reasonable inspection would have disclosed.
(b)CA Civil Law Code § 1134(b) If any disclosure required to be made by this section is delivered after the execution of an agreement to purchase, the buyer shall have three days after delivery in person or five days after delivery by deposit in the mail, to terminate his or her agreement by delivery of written notice of that termination to the owner, subdivider, or agent. Any disclosure delivered after the execution of an agreement to purchase shall contain a statement describing the buyer’s right, method and time to rescind as prescribed by this subdivision.
(c)CA Civil Law Code § 1134(c) For the purposes of this section:
(1)CA Civil Law Code § 1134(c)(1) “Major systems” includes, but is not limited
to, the roof, walls, floors, heating, air conditioning, plumbing, electrical systems or components of a similar or comparable nature, and recreational facilities.
(2)CA Civil Law Code § 1134(c)(2) Delivery to a prospective buyer of the written statement required by this section shall be deemed effected when delivered personally or by mail to the prospective buyer or to an agent thereof, or to a spouse unless the agreement provides to the contrary. Delivery shall also be made to additional prospective buyers who have made a request therefor in writing.
(3)CA Civil Law Code § 1134(c)(3) “Prospective buyer” includes any person who makes an offer to purchase a unit in the condominium, community apartment project, or stock cooperative.
(d)CA Civil Law Code § 1134(d) Any person who willfully fails to carry out the requirements of this section shall be liable in the amount of actual damages suffered by the
buyer.
(e)CA Civil Law Code § 1134(e) Nothing in this section shall preclude the injured party from pursuing any remedy available under any other provision of law.
(f)CA Civil Law Code § 1134(f) No transfer of title to a unit subject to the provisions of this chapter shall be invalid solely because of the failure of any person to comply with the requirements of this section.
(g)CA Civil Law Code § 1134(g) The written statement required by this section shall not abridge or limit any other obligation of disclosure created by any other provision of law or which is or may be required to avoid fraud, deceit, or misrepresentation in the transaction.
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Section § [1110.]
This law section states that if a document claims to give ownership of real estate but only under certain conditions, the new owner only gets the property once those conditions are met.
Section Eleven Hundred and Ten. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition.
real property grant condition precedent estate performance of condition conditional grant property ownership real estate transfer legal condition title transfer
Section § [1112.]
If you sell land that's next to a highway, the person buying it also owns the land up to the middle of the highway, unless the agreement says differently.
Section Eleven Hundred and Twelve. A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front to the center thereof, unless a different intent appears from the grant.
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Section § [1114.]
This law defines the term 'incumbrances' as including taxes, special charges (called assessments), and any claims or demands (known as liens) that are attached to real property, which means land or buildings.
Section Eleven Hundred and Fourteen. The term “incumbrances” includes taxes, assessments, and all liens upon real property.
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