Official Writings Affecting Property - - CA Evidence

Section § 1600

This law states that if a document, like a deed, that claims to establish or affect property ownership is recorded in an official public office, it is assumed to be true evidence of the original document's content, signature, and delivery. This is valid only if the document was legally allowed to be recorded there. Additionally, this assumption changes who has to prove the truth or falsity of the document in any dispute.

(a) The record of an instrument or other document purporting to establish or affect an interest in property is prima facie evidence of the existence and content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed if:

(1) The record is in fact a record of an office of a public entity; and

(2) A statute authorized such a document to be recorded in that office.

(b) The presumption established by this section is a presumption affecting the burden of proof.

property interest document authenticity recording office public entity record prima facie evidence burden of proof execution of document presumption of validity recorded document verification legal presumption property deed recording public record legitimacy original document content statutory authorization delivery proof

(Amended by Stats. 1967, Ch. 650.)

Section § 1601

This law explains how you can prove the content of official records that were lost or destroyed in a disaster, like a fire. If you can show that the records are missing, you can use copies of titles and documents, certified as correct by professionals in the title business, as evidence. It doesn't matter if these copies were made before or after the loss. You don't need additional proof of loss beyond the fact the original cannot be found. However, if you plan to use such evidence in a trial, you must inform other parties in writing and give them a chance to inspect the evidence and any related documents.

(a) Subject to subdivisions (b) and (c), when in any action it is desired to prove the contents of the official record of any writing lost or destroyed by conflagration or other public calamity, after proof of such loss or destruction, the following may, without further proof, be admitted in evidence to prove the contents of such record:

(1) Any abstract of title made and issued and certified as correct prior to such loss or destruction, and purporting to have been prepared and made in the ordinary course of business by any person engaged in the business of preparing and making abstracts of title prior to such loss or destruction; or

(2) Any abstract of title, or of any instrument affecting title, made, issued, and certified as correct by any person engaged in the business of insuring titles or issuing abstracts of title to real estate, whether the same was made, issued, or certified before or after such loss or destruction and whether the same was made from the original records or from abstract and notes, or either, taken from such records in the preparation and upkeeping of its plant in the ordinary course of its business.

(b) No proof of the loss of the original writing is required other than the fact that the original is not known to the party desiring to prove its contents to be in existence.

(c) Any party desiring to use evidence admissible under this section shall give reasonable notice in writing to all other parties to the action who have appeared therein, of his intention to use such evidence at the trial of the action, and shall give all such other parties a reasonable opportunity to inspect the evidence, and also the abstracts, memoranda, or notes from which it was compiled, and to take copies thereof.

official record loss contents of record abstract of title destroyed records conflagration public calamity certified abstracts proof of loss title insurance evidence in trial notify parties inspect evidence real estate records disaster recovery certification of correctness

(Enacted by Stats. 1965, Ch. 299.)

Section § 1603

This law states that if a deed for real property seems to be executed by an authorized official following a court's legal procedures, and it’s acknowledged and recorded in the proper county, it serves as initial evidence that the property was transferred to the person named in the deed. This sets up a presumption that influences who has to prove what in a legal dispute about the property.

A deed of conveyance of real property, purporting to have been executed by a proper officer in pursuance of legal process of any of the courts of record of this state, acknowledged and recorded in the office of the recorder of the county wherein the real property therein described is situated, or the record of such deed, or a certified copy of such record, is prima facie evidence that the property or interest therein described was thereby conveyed to the grantee named in such deed. The presumption established by this section is a presumption affecting the burden of proof.

deed of conveyance real property transfer prima facie evidence property records court officer property presumption burden of proof recorded deed certified copy legal process official execution county recorder property grantee court of record real estate documentation

(Amended by Stats. 1967, Ch. 650.)

Section § 1604

This law says that if you have a purchase or location certificate for land in California, it serves as initial proof that you own the land. However, someone else can challenge this certificate by showing that the land was in their possession or used for mining when the certificate was issued.

A certificate of purchase, or of location, of any lands in this state, issued or made in pursuance of any law of the United States or of this state, is prima facie evidence that the holder or assignee of such certificate is the owner of the land described therein; but this evidence may be overcome by proof that, at the time of the location, or time of filing a preemption claim on which the certificate may have been issued, the land was in the adverse possession of the adverse party, or those under whom he claims, or that the adverse party is holding the land for mining purposes.

certificate of purchase land ownership prima facie evidence land location certificate adverse possession preemption claim mining purposes land dispute ownership challenge United States law California law land certificate holder proof of ownership land described certificate holder rights

(Enacted by Stats. 1965, Ch. 299.)

Section § 1605

This law says that if you have duplicate copies and authenticated translations of original Spanish or Mexican land claim documents, these can be used as evidence just like the originals. These documents must be prepared under official supervision, authenticated by the Surveyor-General or Keeper of Archives, and filed with the county recorder.

Duplicate copies and authenticated translations of original Spanish title papers relating to land claims in this state, derived from the Spanish or Mexican governments, prepared under the supervision of the Keeper of Archives, authenticated by the Surveyor-General or his successor and by the Keeper of Archives, and filed with a county recorder, in accordance with Chapter 281 of the Statutes of 1865–66, are admissible as evidence with like force and effect as the originals and without proving the execution of such originals.

Spanish title papers Mexican title papers land claims duplicates authenticated translations Keeper of Archives Surveyor-General county recorder Chapter 281 Statutes 1865–66 admissible evidence land documents originals Spanish government Mexican government

(Amended by Stats. 1967, Ch. 650.)