Estates in Real PropertyEstates in General
Section § 761
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.
Section § 762
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 § 763
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.
Section § 764
Section § 765
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.
Section § 766
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 § 767
Section § 768
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.
Section § 769
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.'
Section § 773
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).
Section § 778
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.
Section § 779
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.
Section § 780
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.
Section § 781
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.
Section § 782
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.
Section § 782.5
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.
Section § 783
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.
Section § 783.1
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.
Section § 784
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.