Section § 885.010

Explanation

This section explains what a 'power of termination' is in property law. It's a right to end someone's ownership of property if they break certain conditions. This right can be called many things, such as 'right of entry' or 'right of reentry', but they all mean the same thing here. The section also says that having this power is considered an interest in the property. Lastly, when this law talks about terms like 'right of repossession', it means the power to take back property after conditions aren't met.

(a)CA Civil Law Code § 885.010(a) As used in this chapter:
(1)CA Civil Law Code § 885.010(a)(1) “Power of termination” means the power to terminate a fee simple estate in real property to enforce a restriction in the form of a condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as a power of termination, right of entry or reentry, right of possession or repossession, reserved power of revocation, or otherwise, and includes a possibility of reverter that is deemed to be and is enforceable as a power of termination pursuant to Section 885.020.
(2)CA Civil Law Code § 885.010(a)(2) “Power of termination” includes the power created in a transferee to terminate a fee simple estate in real property to enforce a restriction on the use of the real property in the form of a limitation or condition subsequent to which the fee simple estate is subject, whether the power is characterized in the instrument that creates or evidences it as an executory interest, executory limitation, or otherwise, and includes the interest known at common law as an executory interest preceded by a fee simple determinable.
(b)CA Civil Law Code § 885.010(b) A power of termination is an interest in the real property.
(c)CA Civil Law Code § 885.010(c) For the purpose of applying this chapter to other statutes relating to powers of termination, the terms “right of reentry,” “right of repossession for breach of condition subsequent,” and comparable terms used in the other statutes mean “power of termination” as defined in this section.

Section § 885.015

Explanation

This law section states that certain rules do not apply when it comes to ending certain property interests. Specifically, it doesn't cover situations where the right to end an interest is based on whether oil, gas, or other minerals are continuously produced or removed, or if it concerns improvements or fixtures on the land that are owned separately and depend on maintaining a lease or other property interest.

This chapter does not apply to any of the following:
(a)CA Civil Law Code § 885.015(a) A power of termination conditioned upon the continued production or removal of oil or gas or other minerals.
(b)CA Civil Law Code § 885.015(b) A power of termination as to separately owned improvements or fixtures conditioned upon the continued leasehold or possessory interest in the underlying land.

Section § 885.020

Explanation

This law eliminates the old property interests called 'fees simple determinable' and 'possibilities of reverter.' Instead, these are now called 'fee simple subject to a condition subsequent' and 'power of termination,' respectively. This means that property ownership is more stable and clear, with conditions on losing property rights handled more consistently.

Fees simple determinable and possibilities of reverter are abolished. Every estate that would be at common law a fee simple determinable is deemed to be a fee simple subject to a restriction in the form of a condition subsequent. Every interest that would be at common law a possibility of reverter is deemed to be and is enforceable as a power of termination.

Section § 885.030

Explanation

In California, the right to cancel a land deal or agreement, known as a 'power of termination,' generally expires after 30 years. This time limit depends on when a document showing you have this right is recorded. If you file a notice saying you want to keep this power, it also lets the power last another 30 years. This rule stands even if a document says otherwise, unless that document sets an earlier end date.

(a)CA Civil Law Code § 885.030(a) A power of termination of record expires at the later of the following times:
(1)CA Civil Law Code § 885.030(a)(1) Thirty years after the date the instrument reserving, transferring, or otherwise evidencing the power of termination is recorded.
(2)CA Civil Law Code § 885.030(a)(2) Thirty years after the date a notice of intent to preserve the power of termination is recorded, if the notice is recorded within the time prescribed in paragraph (1).
(3)CA Civil Law Code § 885.030(a)(3) Thirty years after the date an instrument reserving, transferring, or otherwise evidencing the power of termination or a notice of intent to preserve the power of termination is recorded, if the instrument or notice is recorded within 30 years after the date such an instrument or notice was last recorded.
(b)CA Civil Law Code § 885.030(b) This section applies notwithstanding any provision to the contrary in the instrument reserving, transferring, or otherwise evidencing the power of termination or in another recorded document unless the instrument or other recorded document provides an earlier expiration date.

Section § 885.040

Explanation

This law explains when a 'power of termination' becomes obsolete and therefore expires. A power of termination allows someone to reclaim property if certain conditions are not met. The power is considered obsolete if it no longer benefits its holder, doesn't fulfill its intended purpose, or if enforcing it would be unfair due to changed circumstances. However, this power doesn't expire during the grantor's lifetime if it's from a gift to a public entity or tax-exempt organization without payment.

(a)CA Civil Law Code § 885.040(a) If a power of termination becomes obsolete, the power expires.
(b)CA Civil Law Code § 885.040(b) As used in this section, a power of termination is obsolete if any of the following circumstances applies:
(1)CA Civil Law Code § 885.040(b)(1) The restriction to which the fee simple estate is subject is of no actual and substantial benefit to the holder of the power.
(2)CA Civil Law Code § 885.040(b)(2) Enforcement of the power would not effectuate the purpose of the restriction to which the fee simple estate is subject.
(3)CA Civil Law Code § 885.040(b)(3) It would be otherwise inequitable to enforce the power because of changed conditions or circumstances.
(c)CA Civil Law Code § 885.040(c) No power of termination shall expire under this section during the life of the grantor if it arises from a grant by a natural person without consideration to a public entity or to a society, corporation, institution, or association exempt by the laws of this state from taxation.

Section § 885.050

Explanation

This law says that if you have a 'power of termination'—which is the right to take back property when certain rules are broken—you must act on it through a notice or a lawsuit. If this power is officially recorded, then your action to exercise it must also be recorded. You only have five years to take action after the rule is broken, unless you and the other party agree to give you more time, but this agreement must be recorded before the five years are up.

A power of termination shall be exercised only by notice or by civil action and, if the power of termination is of record, the exercise shall be of record. The notice shall be given, and any civil action shall be commenced, within five years after breach of the restriction to which the fee simple estate is subject, or such longer period as may be agreed to by the parties by a waiver or extension recorded before expiration of that period.

Section § 885.060

Explanation

This law section explains that when a power of termination (a right to end an interest in property) expires, it can't be enforced anymore, just like if it had been officially terminated or handed back to the property owner. You don't need to file any paperwork to prove the power ended. When such a power expires, any restrictions linked to the property also end, and you can't enforce those restrictions through lawsuits or any other legal action. However, if a restriction is also an equitable servitude (a type of rule or limitation on property use) that can be enforced by court order, it remains enforceable except by power of termination. This section doesn't change existing law but clarifies it, and it doesn't make any prohibited restrictions enforceable.

(a)CA Civil Law Code § 885.060(a) Expiration of a power of termination pursuant to this chapter makes the power unenforceable and is equivalent for all purposes to a termination of the power of record and a quitclaim of the power to the owner of the fee simple estate, and execution and recording of a termination and quitclaim is not necessary to terminate or evidence the termination of the power.
(b)CA Civil Law Code § 885.060(b) Expiration of a power of termination pursuant to this chapter terminates the restriction to which the fee simple estate is subject and makes the restriction unenforceable by any other means, including, but not limited to, injunction and damages.
(c)CA Civil Law Code § 885.060(c) However, subdivision (b) does not apply to a restriction for which a power of termination has expired under this chapter if the restriction is also an equitable servitude alternatively enforceable by injunction. Such an equitable servitude shall remain enforceable by injunction and any other available remedies, but shall not be enforceable by a power of termination. This subdivision does not constitute a change in, but is declaratory of, the existing law. However, nothing in this subdivision shall be construed to make enforceable any restriction prohibited or made unenforceable by other provisions of law, including Section 53.

Section § 885.070

Explanation

This law applies to powers of termination related to property, regardless of whether they were set up before, on, or after the law's start date. If a property's restriction was violated before the law's start date and the power to end ownership wasn't used before then, it must still be exercised by the earlier of these two options: the deadline under old law rules or within five years from when the law started. "Operative date" refers to when this law or any amendments to it took effect.

(a)CA Civil Law Code § 885.070(a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all powers of termination, whether executed or recorded before, on, or after the operative date.
(b)CA Civil Law Code § 885.070(b) If breach of the restriction to which the fee simple estate is subject occurred before the operative date of this chapter and the power of termination is not exercised before the operative date of this chapter, the power of termination shall be exercised, or in the case of a power of termination of record, exercised of record, within the earlier of the following times:
(1)CA Civil Law Code § 885.070(b)(1) The time that would be applicable pursuant to the law in effect immediately prior to the operative date of this chapter.
(2)CA Civil Law Code § 885.070(b)(2) Five years after the operative date of this chapter.
(c)CA Civil Law Code § 885.070(c) As used in this section, “operative date” means the operative date of this chapter as enacted or, with respect to any amendment of a section of this chapter, the operative date of the amendment.