2009 California Civil Code - Section 880.310-880.370 :: Article 3. Preservation Of Interests

CIVIL CODE
SECTION 880.310-880.370

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.

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.

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.

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 a grantor.
NOTICE OF INTENT TO PRESERVE INTEREST
This notice is intended to preserve an interest in real property
from extinguishment pursuant to Title 5 (commencing with Section
880.020) of Part 2 of Division 2 of the Civil Code (Marketable
Record Title).
Claimant Name:
Mailing address:
(must be given for each claimant)
Interest Character (e.g., power of termination):
Record location of document creating or
evidencing interest in claimant:
Real Property Legal description (may be same as in
recorded document creating or evidencing
interest in claimant):
I assert under penalty of perjury that this notice is not
recorded for the purpose of slandering title to real property
and I am informed and believe that the information contained
in this notice is true. If this notice is made on behalf of a
claimant, I assert under penalty of perjury that I am authorized
to act on behalf of the claimant.
Signed: __________________________ Date: __________________
(claimant)
__________________________
(person acting on behalf
of claimant)
State of __________________,
County of _________________, ss.
On this _____ day of ________, in the year _____, before me
(here insert name and quality of officer), personally appeared
______________, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is
subscribed to this instrument, and acknowledged that he (she
or they) executed it.
Signed: ________________________ Official Seal:
Office: ________________________

880.350.  (a) A notice of intent to preserve an interest in real
property shall be recorded in the county in which the real property
is situated.
   (b) The county recorder shall index a notice of intent to preserve
an interest in real property in the index of grantors and grantees.
The index entry shall be for the grantor, and for the purpose of this
index, the claimant under the notice shall be deemed to be the
grantor. If a notice of intent to preserve is recorded by or on
behalf of more than one claimant, each claimant shall be deemed to be
a grantor and a separate index entry shall be made for each
claimant.

880.360.  A person shall not record a notice of intent to preserve
an interest in real property for the purpose of slandering title to
the real property. If the court in an action or proceeding to
establish or quiet title determines that a person recorded a notice
of intent to preserve an interest for the purpose of slandering
title, the court shall award against the person the cost of the
action or proceeding, including a reasonable attorney's fee, and the
damages caused by the recording.

880.370.  If the period prescribed by statute during which a notice
of intent to preserve an interest in real property must be recorded
expires before, on, or within five years after the operative date of
the statute, the period is extended until five years after the
operative date of the statute.


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