California Civil Code. California

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СКАЧАТЬ execution and recording of a termination and quitclaim is not necessary to terminate or evidence the termination of the power.

      (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) 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.

      (Amended by Stats. 1990, Ch. 1114, Sec. 1.)

      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) 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) The time that would be applicable pursuant to the law in effect immediately prior to the operative date of this chapter.

      (2) Five years after the operative date of this chapter.

      (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.

      (Amended by Stats. 1991, Ch. 156, Sec. 17.)

      CHAPTER 6. Unperformed Contracts for Sale of Real Property [886.010 — 886.050]

      (Chapter 6 added by Stats. 1982, Ch. 1268, Sec. 1.)

      886.010. As used in this chapter:

      (a) “Contract for sale of real property” means an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which requires conveyance of title within one year from the date of formation of the contract, whether designated in the agreement a “contract for sale of real property,” “land sale contract,” “deposit receipt,” “agreement for sale,” “agreement to convey,” or otherwise.

      (b) “Recorded contract for sale of real property” includes the entire terms of a contract for sale of real property that is recorded in its entirety or is evidenced by a recorded memorandum or short form of the contract.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      886.020. If the party to whom title to real property is to be conveyed pursuant to a recorded contract for the sale of real property fails to satisfy the specified conditions set forth in the contract and does not seek performance of the contract or restitution of amounts paid under the contract, the party shall, upon demand therefor made after the operative date of this chapter, execute a release of the contract, duly acknowledged for record, to the party who agreed to convey title. Willful violation of this section by the party to whom title is to be conveyed without good cause makes the party liable for the damages the party who agreed to convey title sustains by reason of the violation, including but not limited to court costs and reasonable attorney’s fees in an action to clear title to the real property. Nothing in this section makes a release or a demand therefor a condition precedent to an action to clear title to the real property.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      886.030. (a) Except as otherwise provided in this section, a recorded contract for sale of real property expires of record at the later of the following times:

      (1) Five years after the date for conveyance of title provided in the contract or, if no date for conveyance of title is provided in the contract, five years after the last date provided in the contract for satisfaction of the specified conditions set forth in the contract.

      (2) If there is a recorded extension of the contract within the time prescribed in paragraph (1), five years after the date for conveyance of title provided in the extension or, if no date for conveyance of title is provided in the extension, five years after the last date provided in the extension for satisfaction of the specified conditions set forth in the contract.

      (b) The time prescribed in this section may be waived or extended only by an instrument that is recorded before expiration of the prescribed times.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      886.040. Upon the expiration of record of a recorded contract for sale of real property pursuant to this chapter, the contract has no effect, and does not constitute an encumbrance or cloud, on the title to the real property as against a person other than a party to the contract.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      886.050. (a) Except as otherwise provided in this section, this chapter applies on the operative date to all recorded contracts for sale of real property, whether recorded before, on, or after the operative date.

      (b) This chapter shall not cause a recorded contract for sale of real property to expire of record before the passage of two years after the operative date of this chapter.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      CHAPTER 7. Abandoned Easements [887.010 — 887.090]

      (Chapter 7 added by Stats. 1985, Ch. 157, Sec. 2.)

      887.010. As used in this chapter, “easement” means a burden or servitude upon land, whether or not attached to other land as an incident or appurtenance, that allows the holder of the burden or servitude to do acts upon the land.

      (Added by Stats. 1985, Ch. 157, Sec. 2.)

      887.020. This chapter does not apply to an easement that is part of a unified or reciprocal system for the mutual benefit of multiple parties.

      (Added by Stats. 1985, Ch. 157, Sec. 2.)

      887.030. This chapter supplements and does not limit or otherwise affect the common law governing abandonment of an easement or any other procedure provided by statute or otherwise for clearing an abandoned easement from title to real property.

      (Added by Stats. 1985, Ch. 157, Sec. 2.)

      887.040. (a) The owner of real property subject to an easement may bring an action to establish the abandonment of the easement and to clear record title of the easement.

      (b) The action shall be brought in the superior court of the county in which the real property subject to the easement is located.

      (c) The action shall be brought in the same manner and shall be subject to the same procedure as an action to quiet title pursuant to Chapter 4 (commencing with Section СКАЧАТЬ