Obligations in GeneralTransfer of Obligations
Section § 1457
If you want to transfer an obligation, you need the permission of the person who benefits from it. There are exceptions, but those are covered under a different section.
Section § 1458
This law says that if you have a right because of an obligation someone owes you, that right belongs to you. You can also transfer that right to someone else.
Section § 1459
If you have a contract that can't be negotiated (meaning you can't simply trade it like cash), you can still transfer it to someone else by signing it over to them, just like you would with a check. This transfer gives the new person all your rights in that contract, but they also get any problems or defenses that already existed for the person who originally made the contract when it was transferred.
Section § 1459.5
If you win a lawsuit against a company that was named according to certain federal rules about commercial contracts, you can make them pay for your attorney's fees and other legal costs. Also, this right can't be waived away—any agreement trying to do that isn't valid.
Section § 1460
This section explains that certain promises, called covenants, attached to real estate are automatically transferred to anyone who later owns the property. These covenants affect both the original owner who made the promise and anyone who buys the property, as if they personally agreed to them. This is known as 'running with the land.'
Section § 1461
This law says that the only promises that stick to property ownership are the ones listed in this title and any related promises.
Section § 1462
This law says that if there is an agreement or promise in a property deed meant to benefit that property directly, it stays attached to the property even as it changes owners. It "runs with the land," meaning future property owners must also honor it.
Section § 1463
This section outlines certain promises, known as covenants, that are typically included in property agreements. These can involve the grantor (the person giving the property) promising that they have the right to transfer the property and that no one will disturb the grantee's (the person receiving the property) use of it. It also involves the grantee agreeing to pay things like rent or taxes on the property.
Section § 1465
This law explains that a promise attached to a piece of land, known as a 'covenant running with the land,' only applies to those who buy the entire interest or ownership from the original owner in that part of the property.
Section § 1466
This law says that if you buy a property that comes with certain promises or obligations tied to the land (known as 'covenants'), you are not responsible for any violations of those promises that happened before you owned the property or after you have sold it or stopped benefiting from it.
Section § 1467
When different people own parts of a property under different titles and are either benefiting from or responsible for a long-term agreement (covenant) related to the property, the benefits or responsibilities need to be divided among them. This division should be based on how valuable each of their property pieces is, if that value can be determined. If not, it should be based on the size of their property portions.
Section § 1468
This law basically says that when a landowner makes an agreement (covenant) with another landowner to either do something or not do something on their land, it can apply to future owners of both properties. For this to happen, the agreement must specifically describe the lands involved, state that future owners are bound by it, involve land use or maintenance, and be officially recorded in the county records. If multiple people are affected, the responsibility is shared among them. This can also apply to lenders like mortgage holders while they have control over the property.
Section § 1469
This law states that if a landlord (lessor) promises to do certain things on nearby land they own (next to the tenant's property), those promises must be followed by future property owners if certain conditions are met. These conditions include clearly describing the nearby land in the lease, stating in the lease that future owners are bound by the promises, ensuring the actions relate to things like use, repair, or taxes, and recording the lease properly. If multiple people share the burden of these promises, they will divide them fairly, especially if only parts of the land are affected. Mortgages or trustees involved with the land must also comply when in possession of it.
Section § 1470
When a property owner (lessor) makes a promise in a lease not to use nearby property they own in a way that goes against the lease terms, this promise can extend to future owners of that nearby property. However, for this to happen, the nearby property must be clearly described in the lease, future owners must be noted as being bound by the lease for the benefit of the rented property, and the lease must be officially recorded in the local recorder's office. If multiple people own or have an interest in the affected property, responsibility is shared among them. This rule also applies to lenders or trustees who are in possession of the property.
Section § 1471
This law says that if a landowner makes a promise (covenant) to do or not do something on their land for the benefit of another person, that promise remains attached to the land even if ownership changes. For this permanent attachment to hold, certain conditions must be met, like precisely describing the land, stating that future owners are also bound, ensuring the promise relates to land use for health or environmental reasons due to hazardous materials, and recording it under the title "Environmental Restriction" with the county. Additionally, if multiple people are affected, the responsibility is shared, and this rule also applies to mortgage holders when they control the land. County recorders might inform the California Environmental Protection Agency about these covenants, and they can charge a fee for their services without liability if they don't inform the agency.