Section § 1457

Explanation

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.

The burden of an obligation may be transferred with the consent of the party entitled to its benefit, but not otherwise, except as provided by Section 1466.

Section § 1458

Explanation

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.

A right arising out of an obligation is the property of the person to whom it is due, and may be transferred as such.

Section § 1459

Explanation

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all your rights in that contract, but they also get any problems or defenses that already existed for the person who originally made the contract when it was transferred.

A non-negotiable written contract for the payment of money or personal property may be transferred by indorsement, in like manner with negotiable instruments. Such indorsement shall transfer all the rights of the assignor under the instrument to the assignee, subject to all equities and defenses existing in favor of the maker at the time of the indorsement.

Section § 1459.5

Explanation

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.

(a)CA Civil Law Code § 1459.5(a) A plaintiff who prevails on a cause of action against a defendant named pursuant to Part 433 of Title 16 of the Code of Federal Regulations or any successor thereto, or pursuant to the contractual language required by that part or any successor thereto, may claim attorney’s fees, costs, and expenses from that defendant to the fullest extent permissible if the plaintiff had prevailed on that cause of action against the seller.
(b)CA Civil Law Code § 1459.5(b) Any waiver of subdivision (a) is contrary to public policy and is void and unenforceable.

Section § 1460

Explanation

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.'

Certain covenants, contained in grants of estates in real property, are appurtenant to such estates, and pass with them, so as to bind the assigns of the covenantor and to vest in the assigns of the covenantee, in the same manner as if they had personally entered into them. Such convenants are said to run with the land.

Section § 1461

Explanation

This law says that the only promises that stick to property ownership are the ones listed in this title and any related promises.

The only covenants which run with the land are those specified in this Title, and those which are incidental thereto.

Section § 1462

Explanation

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.

Every covenant contained in a grant of an estate in real property, which is made for the direct benefit of the property, or some part of it then in existence, runs with the land.

Section § 1463

Explanation

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.

The last section includes covenants “of warranty,” “for quiet enjoyment,” or for further assurance on the part of a grantor, and covenants for the payment of rent, or of taxes or assessments upon the land, on the part of a grantee.

Section § 1465

Explanation

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.

A covenant running with the land binds those only who acquire the whole estate of the covenantor in some part of the property.

Section § 1466

Explanation

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.

No one, merely by reason of having acquired an estate subject to a covenant running with the land, is liable for a breach of the covenant before he acquired the estate, or after he has parted with it or ceased to enjoy its benefits.

Section § 1467

Explanation

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.

Where several persons, holding by several titles, are subject to the burden or entitled to the benefit of a covenant running with the land, it must be apportioned among them according to the value of the property subject to it held by them respectively, if such value can be ascertained, and if not, then according to their respective interests in point of quantity.

Section § 1468

Explanation

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.

Each covenant, made by an owner of land with the owner of other land or made by a grantor of land with the grantee of land conveyed, or made by the grantee of land conveyed with the grantor thereof, to do or refrain from doing some act on his own land, which doing or refraining is expressed to be for the benefit of the land of the convenantee, runs with both the land owned by or granted to the covenantor and the land owned by or granted to the covenantee and shall, except as provided by Section 1466, or as specifically provided in the instrument creating such covenant, and notwithstanding the provisions of Section 1465, benefit or be binding upon each successive owner, during his ownership, of any portion of such land affected thereby and upon each person having any interest therein derived through any owner thereof where all of the following requirements are met:
(a)CA Civil Law Code § 1468(a) The land of the covenantor which is to be affected by such covenants, and the land of covenantee to be benefited, are particularly described in the instrument containing such covenants;
(b)CA Civil Law Code § 1468(b) Such successive owners of the land are in such instrument expressed to be bound thereby for the benefit of the land owned by, granted by, or granted to the covenantee;
(c)CA Civil Law Code § 1468(c) Each such act relates to the use, repair, maintenance or improvement of, or payment of taxes and assessments on, such land or some part thereof, or if the land owned by or granted to each consists of undivided interests in the same parcel or parcels, the suspension of the right of partition or sale in lieu of partition for a period which is reasonable in relation to the purpose of the covenant;
(d)CA Civil Law Code § 1468(d) The instrument containing such covenants is recorded in the office of the recorder of each county in which such land or some part thereof is situated.
Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such land is so affected thereby, such apportionment shall be only among the several owners of such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such land or any part thereof while but only while he, in such capacity, is in possession thereof.

Section § 1469

Explanation

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.

Each covenant made by the lessor in a lease of real property to do any act or acts on other real property which is owned by the lessor and is contiguous (except for intervening public streets, alleys or sidewalks) to the real property demised to the lessee shall, except as provided by Section 1466, be binding upon each successive owner, during his ownership, of any portion of such contiguous real property affected thereby where all of the following requirements are met:
(a)CA Civil Law Code § 1469(a) Such contiguous real property is particularly described in the lease;
(b)CA Civil Law Code § 1469(b) Such successive owners are in the lease expressed to be bound thereby for the benefit of the demised real property;
(c)CA Civil Law Code § 1469(c) Each such act relates to the use, repair, maintenance or improvement of, or payment of taxes and assessments on, such contiguous real property or some part thereof;
(d)CA Civil Law Code § 1469(d) The lease is recorded in the same manner as grants of real property, in the office of the recorder of each county in which such contiguous real property or some part thereof is situate. Such lease shall include the description of any such contiguous land described in any unrecorded instrument, the contents of which unrecorded instrument are incorporated by reference in such recorded lease.
Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such contiguous real property is so affected thereby, such apportionment shall be only among the several owners of such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such contiguous real property or any part thereof while but only while he, in such capacity, is in possession thereof.

Section § 1470

Explanation

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.

Each covenant made by the lessor in a lease of real property not to use or permit to be used contrary to the terms of such lease any other real property which is owned by the lessor and is contiguous (except for intervening public streets, alleys or sidewalks) to the real property demised to the lessee shall, except as provided by Section 1466, be binding upon each successive owner, during his ownership, of any portion of such contiguous real property affected thereby and upon each person having any interest therein derived through any owner thereof where all of the following requirements are met:
(a)CA Civil Law Code § 1470(a) Such contiguous real property is particularly described in the lease;
(b)CA Civil Law Code § 1470(b) Such successive owners and persons having any such interest are in the lease expressed to be bound thereby for the benefit of the demised real property;
(c)CA Civil Law Code § 1470(c) The lease is recorded in the same manner as grants of real property, in the office of the recorder of each county in which such contiguous real property or some part thereof is situate. Such lease shall include therein the description of any such contiguous land described in any unrecorded instrument, the contents of which unrecorded instrument are incorporated by reference in such recorded lease.
Where several persons are subject to the burden of any such covenant, it shall be apportioned among them pursuant to Section 1467, except that where only a portion of such contiguous real property is so affected thereby, such apportionment shall be only among the several owners of, and persons having any such interest in, such portion. This section shall apply to the mortgagee, trustee or beneficiary of a mortgage or deed of trust upon such contiguous real property or any part thereof while and only while he, in such capacity, is in possession thereof.

Section § 1471

Explanation

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.

(a)CA Civil Law Code § 1471(a) Notwithstanding Section 1468 or any other provision of law, a covenant made by an owner of land or by the grantee of land to do or refrain from doing some act on his or her own land, which doing or refraining is expressed to be for the benefit of the covenantee, regardless of whether or not it is for the benefit of land owned by the covenantee, shall run with the land owned by or granted to the covenantor if all the following requirements are met:
(1)CA Civil Law Code § 1471(a)(1) The land of the covenantor that is to be affected by the covenant is particularly described in the instrument containing the covenant.
(2)CA Civil Law Code § 1471(a)(2) The successive owners of the land are expressed to be bound thereby for the benefit of the covenantee in the instrument containing the covenant.
(3)CA Civil Law Code § 1471(a)(3) Each act that the owner or grantee will do or refrain from doing relates to the use of land and each act is reasonably necessary to protect present or future human health or safety or the environment as a result of the presence on the land of hazardous materials, as defined in Section 25260 of the Health and Safety Code.
(4)CA Civil Law Code § 1471(a)(4) The instrument containing the covenant is recorded in the office of the recorder of each county in which the land or some portion thereof is situated and the instrument includes in its title the words: “Environmental Restriction.”
(b)CA Civil Law Code § 1471(b) Except as provided by Section 1466 or as specifically provided in the instrument creating a covenant made pursuant to this section, the covenant shall be binding upon each successive owner, during his or her ownership, of any portion of the land affected thereby and upon each person having any interest therein derived through any owner thereof.
(c)CA Civil Law Code § 1471(c) If several persons are subject to the burden of a covenant recorded pursuant to this section, it shall be apportioned among them pursuant to Section 1467, except if only a portion of the land is so affected thereby, the apportionment shall be only among the several owners of that portion.
(d)CA Civil Law Code § 1471(d) This section shall apply to the mortgagee, trustee, or beneficiary of a mortgage or deed of trust upon the land or any part thereof while, but only while, he or she, in that capacity, is in possession thereof.
(e)Copy CA Civil Law Code § 1471(e)
(1)Copy CA Civil Law Code § 1471(e)(1) If an instrument containing a covenant is recorded pursuant to paragraph (4) of subdivision (a) as an “Environmental Restriction,” in accordance with this section, the office of the recorder of the county may send a certified copy of the instrument to the California Environmental Protection Agency, for posting on its Web site, for informational purposes only, pursuant to Section 57012 of the Health and Safety Code, unless the instrument indicates that it is required by a board or department specified in paragraphs (1) to (3), inclusive, of subdivision (d) of Section 57012 of the Health and Safety Code.
(2)CA Civil Law Code § 1471(e)(2) Notwithstanding any provision of law, the office of the recorder of the county and any of its employees shall not be subject to any liability under any state law or in any action for damages if the office of the recorder does not send a certified copy of the instrument pursuant to paragraph (1).
(f)CA Civil Law Code § 1471(f) The office of the recorder of the county may assess a reasonable fee, as determined by resolution of its governing body, to cover the costs of taking the action authorized by subdivision (e).