2007 California Civil Code Article 4. Effect Of Recording, Or The Want Thereof

CA Codes (civ:1213-1220)

1213.  Every conveyance of real property or an estate for years
therein acknowledged or proved and certified and recorded as
prescribed by law from the time it is filed with the recorder for
record is constructive notice of the contents thereof to subsequent
purchasers and mortgagees; and a certified copy of such a recorded
conveyance may be recorded in any other county and when so recorded
the record thereof shall have the same force and effect as though it
was of the original conveyance and where the original conveyance has
been recorded in any county wherein the property therein mentioned is
not situated a certified copy of the recorded conveyance may be
recorded in the county where such property is situated with the same
force and effect as if the original conveyance had been recorded in
that county.



1214.  Every conveyance of real property or an estate for years
therein, other than a lease for a term not exceeding one year, is
void as against any subsequent purchaser or mortgagee of the same
property, or any part thereof, in good faith and for a valuable
consideration, whose conveyance is first duly recorded, and as
against any judgment affecting the title, unless the conveyance shall
have been duly recorded prior to the record of notice of action.



1215.  The term "conveyance," as used in Sections 1213 and 1214,
embraces every instrument in writing by which any estate or interest
in real property is created, aliened, mortgaged, or incumbered, or by
which the title to any real property may be affected, except wills.



1216.  No power contained in an instrument to convey or execute
instruments affecting real property which has been recorded is
revoked by any act of the party by whom it was executed, unless the
instrument containing such revocation is also acknowledged or proved,
certified and recorded, in the same office in which the instrument
containing the power was recorded.



1217.  An unrecorded instrument is valid as between the parties
thereto and those who have notice thereof.



1218.  A certified copy of an instrument affecting the title to real
property, once recorded, or a certified copy of the record of such
instrument may be recorded in any other county, and, when so
recorded, the record thereof has the same force and effect as though
it was of the original instrument.



1219.  Oil and gas leases may be acknowledged or proved, certified
and recorded in like manner and with like effect, as grants of real
property; provided, however, that an oil and gas lease may be
recorded and constructive notice of the same and the contents thereof
given in the following manner:
   Any person may record in the office of county recorder of any
county fictitious oil and gas leases.  Such fictitious oil and gas
leases need not be acknowledged, or proved, or certified, to be
recorded or entitled to record.  Such oil and gas leases shall have
noted upon the face thereof that they are fictitious.  The county
recorder shall index and record such fictitious oil and gas leases in
the same manner as other oil and gas leases are recorded, and shall
note on all indices and records of the same that they are fictitious.
  Thereafter, any of the provisions of any such recorded fictitious
oil and gas lease may be included for any and all purposes in any oil
and gas lease by reference therein to any such provisions, without
setting the same forth in full; provided, such fictitious oil and gas
lease is of record in the county in which the oil and gas lease
adopting or including by reference any of the provisions thereof is
recorded.  Such reference shall contain a statement, as to each
county in which the oil and gas lease containing such a reference is
recorded, of the date such fictitious oil and gas lease was recorded,
the county recorder's office wherein it is recorded, and the book or
volume and the first page of the records or the recorder's
instrument number in the recorder's office wherein and at which any
such fictitious oil and gas lease was recorded, and a statement by
paragraph numbers or any other method that will definitely identify
the same, of the specific provisions of any such fictitious oil and
gas lease that are being so adopted and included therein.  The
recording of any such oil and gas lease which has included therein
any such provisions by reference as aforesaid shall operate as
constructive notice of the whole thereof including the terms, as a
part of the written contents of any such oil and gas lease, of any
such provisions so included by reference as though the same were
written in full therein.  The parties bound or to be bound by
provisions so adopted and included by reference shall be bound
thereby in the same manner and with like effect for all purposes as
though such provisions had been and were set forth in full in any
such oil and gas lease.
   Whenever a document or paper is presented for recordation on which
is set forth, apart and separated from any other writing, typing or
printing thereon (1) an oil and gas lease that refers to and
incorporates therein provisions of a fictitious oil and gas lease as
provided herein, or (2) an oil and gas lease that refers to and
incorporates therein provisions of some other instrument theretofore
recorded in the office of any county recorder, and (3)  such oil and
gas lease, set forth on such document or paper, is, of itself,
entitled to recordation, then any such other writing, typing or
printing on such document or paper, whether on the reverse side from
where such oil and gas lease is set forth or on the same side thereof
or on the following pages, shall not be recorded by the county
recorder to whom such document or paper is presented for recordation
if such other writing, typing or printing is preceded by the words or
clearly marked, "do not record" or "not to be recorded" or the like.
  In such case the county recorder shall record only the oil and gas
lease set forth on such paper or document and shall not be liable for
so doing, any other provisions of law to the contrary
notwithstanding.


1220.  Contracts for the purchase or sale of standing timber or
trees, for severance or otherwise, and all instruments in writing by
which any estate or interest in, or right to cut, standing timber or
trees is created, aliened, mortgaged or encumbered or by which the
title to any standing timber or trees may be affected, may be
acknowledged or proved, certified and recorded in like manner and
with like effect, as grants of real property, and all statutory
provisions relating to the recordation or nonrecordation of
conveyances of real property and to the effect thereof shall apply to
such contracts and instruments with like effect.
   Any such contracts for purchase and sale or instruments in writing
affecting the title to standing timber or trees, executed and
delivered before the effective date of the amendment of this section
at the 1959 Regular Session of the Legislature but unrecorded before
such date, shall become subject to all statutory provisions relating
to the recordation or nonrecordation of conveyances of real property
and to the effect thereof one year from said effective date.