California Civil Code. California
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Название: California Civil Code
Автор: California
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392109821
isbn:
(b) It is the purpose of the Legislature in enacting this title to simplify and facilitate real property title transactions in furtherance of public policy by enabling persons to rely on record title to the extent provided in this title, with respect to the property interests specified in this title, subject only to the limitations expressly provided in this title and notwithstanding any provision or implication to the contrary in any other statute or in the common law. This title shall be liberally construed to effect the legislative purpose.
(Amended by Stats. 2011, Ch. 46, Sec. 1. Effective January 1, 2012.)
880.030. Nothing in this title shall be construed to:
(a) Limit application of the principles of waiver and estoppel, laches, and other equitable principles.
(b) Affect the operation of any statute governing the effect of recording or failure to record, except as specifically provided in this title.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
ARTICLE 2. Application of Title [880.240 — 880.260]
(Article 2 added by Stats. 1982, Ch. 1268, Sec. 1.)
880.240. The following interests are not subject to expiration or expiration of record pursuant to this title:
(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) 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) An interest of the state or a local public entity in real property.
(d) A conservation easement pursuant to Chapter 4 (commencing with Section 815) of Title 2.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
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) 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.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
880.260. 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.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
ARTICLE 3. Preservation of Interests [880.310 — 880.370]
(Article 3 added by Stats. 1982, Ch. 1268, Sec. 1.)
880.310. (a) If the time within which an interest in real property expires pursuant to this title depends upon recordation of a notice of intent to preserve the interest, a person may preserve the person’s interest from expiration by recording a notice of intent to preserve the interest before the interest expires pursuant to this title. Recordation of a notice of intent to preserve an interest in real property after the interest has expired pursuant to this title does not preserve the interest.
(b) Recordation of a notice of intent to preserve an interest in real property does not preclude a court from determining that an interest has been abandoned or is otherwise unenforceable pursuant to other law, whether before or after the notice of intent to preserve the interest is recorded, and does not validate or make enforceable a claim or interest that is otherwise invalid or unenforceable. Recordation of a notice of intent to preserve an interest in real property creates a presumption affecting the burden of proof that the person who claims the interest has not abandoned and does not intend to abandon the interest.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
880.320. A notice of intent to preserve an interest in real property may be recorded by any of the following persons:
(a) A person who claims the interest.
(b) Another person acting on behalf of a claimant if the person is authorized to act on behalf of the claimant or if the claimant is one of a class whose identity cannot be established or is uncertain at the time of recording the notice of intent to preserve the interest.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
880.330. Subject to all statutory requirements for recorded documents:
(a) A notice of intent to preserve an interest in real property shall be in writing and signed and verified by or on behalf of the claimant. If the notice is made on behalf of a claimant, the notice shall include a statement of the authority of the person making the notice.
(b) The notice shall contain all of the following information:
(1) The name and mailing address of the claimant. If the notice is made by or on behalf of more than one claimant the notice shall contain the name and mailing address of each claimant.
(2) A statement of the character of interest claimed. The statement shall include a reference by record location to the recorded document that creates or evidences the interest in the claimant.
(3) A legal description of the real property in which the interest is claimed. The description may be the same as that contained in the recorded document that creates or evidences the interest in the claimant.
(Added by Stats. 1982, Ch. 1268, Sec. 1.)
880.340. Subject to all statutory requirements for recorded documents, a notice of intent to preserve an interest in real property shall be in substantially the following form:
RECORDING INFORMATION
Recording requested by: FOR USE OF
COUNTY
RECORDER
After recording return to: Indexing
instructions.
This notice must
be
indexed as follows:
Grantor and
grantee
index — each
claimant
is СКАЧАТЬ