Marketable Record TitlePowers of Termination
Section § 885.010
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.
Section § 885.015
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.
Section § 885.020
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.
Section § 885.030
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.
Section § 885.040
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.
Section § 885.050
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.
Section § 885.060
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.
Section § 885.070
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.