Section § 761

Explanation

This law explains that ownership in real estate can be grouped into four main categories based on how long you can enjoy the property. These are: ownership passed down through inheritance or forever, ownership for someone's lifetime, ownership for a specific number of years, and ownership that lasts as long as both owner and tenant agree.

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.

Section § 762

Explanation

This section is saying that when you own property that you can pass on to your heirs, it's called a 'fee.' If this ownership isn't going to end or change based on conditions, it's an absolute ownership known as 'fee simple.'

 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.

Section § 763

Explanation

This law says that in California, the old type of property ownership called 'estates tail' no longer exists. Instead, any estate that was once considered a 'fee tail' is now classified as a 'fee simple'. If there aren't any specific instructions about who will inherit the property next, it becomes 'fee simple absolute', which means the owner has the fullest ownership rights possible.

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.

Section § 764

Explanation
This law states that if someone has set up a future interest in property (remainder in fee) that would traditionally be restricted by a type of interest known as a fee tail, the future interest is still valid. It will take effect if the original person holding the property dies without leaving any descendants.
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.

Section § 765

Explanation

This section explains different types of property interests. "Estates of inheritance" and "estates for life" are considered freeholds, meaning they give indefinite rights to the property. "Estates for years" are known as chattels real, a type of personal property interest with a fixed duration. "Estates at will" are temporary property interests that can be ended at any time, and they're not subject to money judgments, meaning creditors can't go after them to satisfy debts.

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.

Section § 766

Explanation

This law section explains that if someone owns a property interest that lasts for the life of another person, it's considered a type of ownership called a "freehold." It doesn't matter if this right is passed down to heirs or set up in another way.

 Section Seven Hundred and Sixty-six. An estate during the life of a third person, whether limited to heirs or otherwise, is a freehold.

Section § 767

Explanation
This law explains that a future estate, which is a legal interest in property that starts in the future, can be designed to begin either immediately or after another estate ends. The other estate, known as a precedent estate, might end due to the passage of time or other reasons.
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.

Section § 768

Explanation

This law explains that a reversion happens when a property owner or their heirs automatically regain possession of the property after a temporary estate or lease ends. It's like a 'boomerang' where the property comes back to the original owner or their successors once the set term or condition of the current user's right is over.

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.

Section § 769

Explanation

If there's an estate that's going to come into effect in the future and it's dependent on another existing estate, it's called a remainder. This type of future interest can be created and transferred using the term 'remainder.'

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.

Section § 773

Explanation

This section explains that different types of property interests, like permanent ownership (freehold) and temporary possession (chattel real), can be set up to start in the future. You can also give someone the right to use property for life even within a fixed period, and the ownership after they die (remainder) can be planned. These future interests can depend on certain conditions happening, but any condition must fit within the time limits set by California's rules against keeping property tied up for too long (perpetuities).

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.

Section § 778

Explanation

This law explains that future interest in property, known as a remainder, can depend on an event happening. If that event occurs, it might shorten or end the previous estate (interest). This type of remainder is considered a conditional limitation.

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.

Section § 779

Explanation

This law explains that when someone gets a life estate in a property, and the future interest (remainder) is set to go to their 'heirs' or 'heirs of the body,' those heirs will directly inherit the property after the life estate ends. They inherit based on the remainder and not just because they are the life estate owner's heirs.

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.

Section § 780

Explanation

This section states that if a future interest in property (called a remainder) follows a life estate or a lease of a certain number of years, and it isn't dependent on any specific conditions being met, it is assumed that the remainder will only begin after the current estate period ends, either when the person holding the life estate dies or when the lease term runs out.

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.

Section § 781

Explanation

This law means that if someone has the right to decide who receives property in the future (power of appointment), it won't stop the property from going to someone else if they don't use that right.

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.

Section § 782

Explanation

This law makes it clear that any rule in property deeds that tries to limit who can buy, rent, or live on a property in California based on certain personal characteristics (like race or religion) is not legal and has no effect. However, this does not apply to housing specifically for older people, and there are other sections of the law that address senior housing needs. The law also references certain exclusions related to familial status and different housing codes.

(a)CA Civil Law Code § 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)CA Civil Law Code § 782(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).

Section § 782.5

Explanation

This law says that if any document about property ownership includes terms that discriminate against people based on things like race, sex, religion, or other protected categories, those terms must be removed. However, this doesn't apply to housing specifically for older people, which may have certain restrictions based on age or family status. The law doesn't change the ability of the courts to adjust property documents as needed.

(a)CA Civil Law Code § 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)CA Civil Law Code § 782.5(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)CA Civil Law Code § 782.5(c) This section shall not be construed to limit or expand the powers of a court to reform a deed or other written instrument.

Section § 783

Explanation

This section explains that a condominium is a type of property ownership, which can be held in different forms based on duration. These forms include owning it forever, owning it for a person's lifetime, owning it for a set number of years like in a lease, or a mix of these types.

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.

Section § 783.1

Explanation

This law explains that in a type of housing arrangement called a stock cooperative, both your ownership rights in your unit and your related ownership in the cooperative corporation are considered real estate property.

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.

Section § 784

Explanation

This section explains that the term 'restriction' refers to any rule or condition that limits how real property can be used. This can be found in documents like deeds or declarations and can appear as different types of legal terms such as covenants or easements.

“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.