General ProvisionsApplication of Title

Section § 880.240

Explanation

This section specifies certain property interests that are not subject to expiration under the California laws concerning property records.

First, if someone is in possession or use of a property, or if someone claims through them, their interest won't expire if it could be identified by a normal inspection.

Second, any United States or federal law interests in property are protected from state recording requirements unless federal law states otherwise.

Third, interests held by the state or local government entities in property do not expire.

Lastly, conservation easements are also protected from expiration.

The following interests are not subject to expiration or expiration of record pursuant to this title:
(a)CA Civil Law Code § 880.240(a) The interest of a person in possession (including use or occupancy) of real property and the interest of a person under whom a person in possession claims, to the extent the possession would have been revealed by reasonable inspection or inquiry.
(b)CA Civil Law Code § 880.240(b) An interest of the United States or pursuant to federal law in real property that is not subjected by federal law to the recording requirements of the state and that has not terminated under federal law.
(c)CA Civil Law Code § 880.240(c) An interest of the state or a local public entity in real property.
(d)CA Civil Law Code § 880.240(d) A conservation easement pursuant to Chapter 4 (commencing with Section 815) of Title 2.
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Section § 880.250

Explanation

This law states that the time limits for taking action related to a real property interest are fixed and do not change due to a person's disability, lack of knowledge, or other exceptions that usually extend deadlines. Once an interest expires, it cannot be revived based on any statute of limitations.

(a)CA Civil Law Code § 880.250(a) The times prescribed in this title for expiration or expiration of record of an interest in real property or for enforcement, for bringing an action, or for doing any other required act are absolute and apply notwithstanding any disability or lack of knowledge of any person or any provisions for tolling a statute of limitation and notwithstanding any longer time applicable pursuant to any statute of limitation.
(b)CA Civil Law Code § 880.250(b) Nothing in this title extends the period for enforcement, for bringing an action, or for doing any other required act, or revives an interest in real property that expires and is unenforceable, pursuant to any applicable statute of limitation.
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Section § 880.260

Explanation

This law states that if someone takes legal action to deal with an interest in real estate, and they officially record a notice about this legal action, that interest won't expire or become unenforceable while the action is happening. Legal action can include special proceedings or even arbitration.

An interest in real property, as specified in this title, does not expire or expire of record and is not unenforceable pursuant to this title at the time prescribed in this title if within the time an action is commenced to enforce, establish, clear title to, or otherwise affect the interest and a notice of the pendency of the action is recorded as provided by law. For the purpose of this section, action includes special proceeding and arbitration proceeding.
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