2007 California Civil Code Title 3. Transfer Of Obligations

CA Codes (civ:1457-1471)

1457.  The burden of an obligation may be transferred with the
consent of the party entitled to its benefit, but not otherwise,
except as provided by Section 1466.



1458.  A right arising out of an obligation is the property of the
person to whom it is due, and may be transferred as such.



1459.  A non-negotiable written contract for the payment of money or
personal property may be transferred by indorsement, in like manner
with negotiable instruments.  Such indorsement shall transfer all the
rights of the assignor under the instrument to the assignee, subject
to all equities and defenses existing in favor of the maker at the
time of the indorsement.



1460.  Certain covenants, contained in grants of estates in real
property, are appurtenant to such estates, and pass with them, so as
to bind the assigns of the covenantor and to vest in the assigns of
the covenantee, in the same manner as if they had personally entered
into them.  Such convenants are said to run with the land.




1461.  The only covenants which run with the land are those
specified in this Title, and those which are incidental thereto.



1462.  Every covenant contained in a grant of an estate in real
property, which is made for the direct benefit of the property, or
some part of it then in existence, runs with the land.



1463.  The last section includes covenants "of warranty," "for quiet
enjoyment," or for further assurance on the part of a grantor, and
covenants for the payment of rent, or of taxes or assessments upon
the land, on the part of a grantee.


1465.  A covenant running with the land binds those only who acquire
the whole estate of the covenantor in some part of the property.



1466.  No one, merely by reason of having acquired an estate subject
to a covenant running with the land, is liable for a breach of the
covenant before he acquired the estate, or after he has parted with
it or ceased to enjoy its benefits.



1467.  Where several persons, holding by several titles, are subject
to the burden or entitled to the benefit of a covenant running with
the land, it must be apportioned among them according to the value of
the property subject to it held by them respectively, if such value
can be ascertained, and if not, then according to their respective
interests in point of quantity.



1468.  Each covenant, made by an owner of land with the owner of
other land or made by a grantor of land with the grantee of land
conveyed, or made by the grantee of land conveyed with the grantor
thereof, to do or refrain from doing some act on his own land, which
doing or refraining is expressed to be for the benefit of the land of
the convenantee, runs with both the land owned by or granted to the
covenantor and the land owned by or granted to the covenantee and
shall, except as provided by Section 1466, or as specifically
provided in the instrument creating such covenant, and
notwithstanding the provisions of Section 1465, benefit or be binding
upon each successive owner, during his ownership, of any portion of
such land affected thereby and upon each person having any interest
therein derived through any owner thereof where all of the following
requirements are met:
   (a) The land of the covenantor which is to be affected by such
covenants, and the land of covenantee to be benefited, are
particularly described in the instrument containing such covenants;
   (b) Such successive owners of the land are in such instrument
expressed to be bound thereby for the benefit of the land owned by,
granted by, or granted to the covenantee;
   (c) Each such act relates to the use, repair, maintenance or
improvement of, or payment of taxes and assessments on, such land or
some part thereof, or if the land owned by or granted to each
consists of undivided interests in the same parcel or parcels, the
suspension of the right of partition or sale in lieu of partition for
a period which is reasonable in relation to the purpose of the
covenant;
   (d) The instrument containing such covenants is recorded in the
office of the recorder of each county in which such land or some part
thereof is situated.
   Where several persons are subject to the burden of any such
covenant, it shall be apportioned among them pursuant to Section
1467, except that where only a portion of such land is so affected
thereby, such apportionment shall be only among the several owners of
such portion.  This section shall apply to the mortgagee, trustee or
beneficiary of a mortgage or deed of trust upon such land or any
part thereof while but only while he, in such capacity, is in
possession thereof.


1469.  Each covenant made by the lessor in a lease of real property
to do any act or acts on other real property which is owned by the
lessor and is contiguous (except for intervening public streets,
alleys or sidewalks) to the real property demised to the lessee
shall, except as provided by Section 1466, be binding upon each
successive owner, during his ownership, of any portion of such
contiguous real property affected thereby where all of the following
requirements are met:
   (a) Such contiguous real property is particularly described in the
lease;
   (b) Such successive owners are in the lease expressed to be bound
thereby for the benefit of the demised real property;
   (c) Each such act relates to the use, repair, maintenance or
improvement of, or payment of taxes and assessments on, such
contiguous real property or some part thereof;
   (d) The lease is recorded in the same manner as grants of real
property, in the office of the recorder of each county in which such
contiguous real property or some part thereof is situate.  Such lease
shall include the description of any such contiguous land described
in any unrecorded instrument, the contents of which unrecorded
instrument are incorporated by reference in such recorded lease.
   Where several persons are subject to the burden of any such
covenant, it shall be apportioned among them pursuant to Section
1467, except that where only a portion of such contiguous real
property is so affected thereby, such apportionment shall be only
among the several owners of such portion.  This section shall apply
to the mortgagee, trustee or beneficiary of a mortgage or deed of
trust upon such contiguous real property or any part thereof while
but only while he, in such capacity, is in possession thereof.




1470.  Each covenant made by the lessor in a lease of real property
not to use or permit to be used contrary to the terms of such lease
any other real property which is owned by the lessor and is
contiguous (except for intervening public streets, alleys or
sidewalks) to the real property demised to the lessee shall, except
as provided by Section 1466, be binding upon each successive owner,
during his ownership, of any portion of such contiguous real property
affected thereby and upon each person having any interest therein
derived through any owner thereof where all of the following
requirements are met:
   (a) Such contiguous real property is particularly described in the
lease;
   (b) Such successive owners and persons having any such interest
are in the lease expressed to be bound thereby for the benefit of the
demised real property;
   (c) The lease is recorded in the same manner as grants of real
property, in the office of the recorder of each county in which such
contiguous real property or some part thereof is situate.  Such lease
shall include therein the description of any such contiguous land
described in any unrecorded instrument, the contents of which
unrecorded instrument are incorporated by reference in such recorded
lease.
   Where several persons are subject to the burden of any such
covenant, it shall be apportioned among them pursuant to Section
1467, except that where only a portion of such contiguous real
property is so affected thereby, such apportionment shall be only
among the several owners of, and persons having any such interest in,
such portion.  This section shall apply to the mortgagee, trustee or
beneficiary of a mortgage or deed of trust upon such contiguous real
property or any part thereof while and only while he, in such
capacity, is in possession thereof.


1471.  (a) Notwithstanding Section 1468 or any other provision of
law, a covenant made by an owner of land or by the grantee of land to
do or refrain from doing some act on his or her own land, which
doing or refraining is expressed to be for the benefit of the
covenantee, regardless of whether or not it is for the benefit of
land owned by the covenantee, shall run with the land owned by or
granted to the covenantor if all the following requirements are met:

   (1) The land of the covenantor that is to be affected by the
covenant is particularly described in the instrument containing the
covenant.
   (2) The successive owners of the land are expressed to be bound
thereby for the benefit of the covenantee in the instrument
containing the covenant.
   (3) Each act that the owner or grantee will do or refrain from
doing relates to the use of land and each act is reasonably necessary
to protect present or future human health or safety or the
environment as a result of the presence on the land of hazardous
materials, as defined in Section 25260 of the Health and Safety Code.

   (4) The instrument containing the covenant is recorded in the
office of the recorder of each county in which the land or some
portion thereof is situated and the instrument includes in its title
the words:  "Environmental Restriction."
   (b) Except as provided by Section 1466 or as specifically provided
in the instrument creating a covenant made pursuant to this section,
the covenant shall be binding upon each successive owner, during his
or her ownership, of any portion of the land affected thereby and
upon each person having any interest therein derived through any
owner thereof.
   (c) If several persons are subject to the burden of a covenant
recorded pursuant to this section, it shall be apportioned among them
pursuant to Section 1467, except if only a portion of the land is so
affected thereby, the apportionment shall be only among the several
owners of that portion.
   (d) This section shall apply to the mortgagee, trustee, or
beneficiary of a mortgage or deed of trust upon the land or any part
thereof while, but only while, he or she, in that capacity, is in
possession thereof.
   (e) (1) If an instrument containing a covenant is recorded
pursuant to paragraph (4) of subdivision (a) as an "Environmental
Restriction," in accordance with this section, the office of the
recorder of the county may send a certified copy of the instrument to
the California Environmental Protection Agency, for posting on its
Web site, for informational purposes only, pursuant to Section 57012
of the Health and Safety Code, unless the instrument indicates that
it is required by a board or department specified in paragraphs (1)
to (3), inclusive, of subdivision (d) of Section 57012 of the Health
and Safety Code.
   (2) Notwithstanding any provision of law, the office of the
recorder of the county and any of its employees shall not be subject
to any liability under any state law or in any action for damages if
the office of the recorder does not send a certified copy of the
instrument pursuant to paragraph (1).
   (f) The office of the recorder of the county may assess a
reasonable fee, as determined by resolution of its governing body, to
cover the costs of taking the action authorized by subdivision (e).