2009 California Civil Code - Section 1104-1134 :: Article 2. Effect Of Transfer

CIVIL CODE
SECTION 1104-1134

1104.  A transfer of real property passes all easements attached
thereto, and creates in favor thereof an easement to use other real
property of the person whose estate is transferred in the same manner
and to the same extent as such property was obviously and
permanently used by the person whose estate is transferred, for the
benefit thereof, at the time when the transfer was agreed upon or
completed.

1105.  A fee simple title is presumed to be intended to pass by a
grant of real property, unless it appears from the grant that a
lesser estate was intended.

1106.  Where a person purports by proper instrument to grant real
property in fee simple, and subsequently acquires any title, or claim
of title thereto, the same passes by operation of law to the
grantee, or his successors.

1107.  Every grant of an estate in real property is conclusive
against the grantor, also against every one subsequently claiming
under him, except a purchaser or incumbrancer who in good faith and
for a valuable consideration acquires a title or lien by an
instrument that is first duly recorded.

1108.  A grant made by the owner of an estate for life or years,
purporting to transfer a greater estate than he could lawfully
transfer, does not work a forfeiture of his estate, but passes to the
grantee all the estate which the grantor could lawfully transfer.

1109.  Where a grant is made upon condition subsequent, and is
subsequently defeated by the non-performance of the condition, the
person otherwise entitled to hold under the grant must reconvey the
property to the grantor or his successors, by grant, duly
acknowledged for record.

[1110.]  Section Eleven Hundred and Ten. An instrument purporting to
be a grant of real property, to take effect upon condition
precedent, passes the estate upon the performance of the condition.

1111.  Grants of rents or of reversions or of remainders are good
and effectual without attornments of the tenants; but no tenant who,
before notice of the grant, shall have paid rent to the grantor, must
suffer any damage thereby.

[1112.]  Section Eleven Hundred and Twelve. A transfer of land,
bounded by a highway, passes the title of the person whose estate is
transferred to the soil of the highway in front to the center
thereof, unless a different intent appears from the grant.

1113.  From the use of the word "grant" in any conveyance by which
an estate of inheritance or fee simple is to be passed, the following
covenants, and none other, on the part of the grantor for himself
and his heirs to the grantee, his heirs, and assigns, are implied,
unless restrained by express terms contained in such conveyance:
   1. That previous to the time of the execution of such conveyance,
the grantor has not conveyed the same estate, or any right, title, or
interest therein, to any person other than the grantee;
   2. That such estate is at the time of the execution of such
conveyance free from incumbrances done, made, or suffered by the
grantor, or any person claiming under him.
   Such covenants may be sued upon in the same manner as if they had
been expressly inserted in the conveyance.

[1114.]  Section Eleven Hundred and Fourteen. The term "incumbrances"
includes taxes, assessments, and all liens upon real property.

1115.  Lineal and collateral warrantees, with all their incidents,
are abolished; but the heirs and devisees of every person who has
made any covenant or agreement in reference to the title of, in, or
to any real property, are answerable upon such covenant or agreement
to the extent of the land descended or devised to them, in the cases
and in the manner prescribed by law.

1133.  (a) If a lot, parcel, or unit of a subdivision is subject to
a blanket encumbrance, as defined in Section 11013 of the Business
and Professions Code, but is exempt from a requirement of compliance
with Section 11013.2 of the Business and Professions Code, the
subdivider, his or her agent, or representative, shall not sell, or
lease for a term exceeding five years, the lot, parcel, or unit, nor
cause it to be sold, or leased for a term exceeding five years, until
the prospective purchaser or lessee of the lot, parcel, or unit has
been furnished with and has signed a true copy of the following
notice:

   BUYER/LESSEE IS AWARE OF THE FACT THAT THE LOT, PARCEL, OR UNIT
WHICH HE OR SHE IS PROPOSING TO PURCHASE OR LEASE IS SUBJECT TO A
DEED OF TRUST, MORTGAGE, OR OTHER LIEN KNOWN AS A "BLANKET
ENCUMBRANCE".
   IF BUYER/LESSEE PURCHASES OR LEASES THIS LOT, PARCEL, OR UNIT, HE
OR SHE COULD LOSE THAT INTEREST THROUGH FORECLOSURE OF THE BLANKET
ENCUMBRANCE OR OTHER LEGAL PROCESS EVEN THOUGH BUYER/LESSEE IS NOT
DELINQUENT IN HIS OR HER PAYMENTS OR OTHER OBLIGATIONS UNDER THE
MORTGAGE, DEED OF TRUST, OR LEASE.
______   ________________
Date      Signature of
        Buyer or Lessee

   (b) "Subdivision," as used in subdivision (a), means improved or
unimproved land that is divided or proposed to be divided for the
purpose of sale, lease, or financing, whether immediate or future,
into two or more lots, parcels, or units and includes a condominium
project, as defined in subdivision (f) of Section 1351, a community
apartment project, as defined in subdivision (d) of Section 1351, a
stock cooperative, as defined in subdivision (m) of Section 1351, and
a limited equity housing cooperative, as defined in subdivision (m)
of Section 1351.
   (c) The failure of the buyer or lessee to sign the notice shall
not invalidate any grant, conveyance, lease, or encumbrance.
   (d) Any person or entity who willfully violates the provisions of
this section shall be liable to the purchaser of a lot or unit which
is subject to the provisions of this section, for actual damages, and
in addition thereto, shall be guilty of a public offense punishable
by a fine in an amount not to exceed five hundred dollars ($500). In
an action to enforce such liability or fine, the prevailing party
shall be awarded reasonable attorney's fees.

1134.  (a) As soon as practicable before transfer of title for the
first sale of a unit in a residential condominium, community
apartment project, or stock cooperative which was converted from an
existing dwelling to a condominium project, community apartment
project, or stock cooperative, the owner or subdivider, or agent of
the owner or subdivider, shall deliver to a prospective buyer a
written statement listing all substantial defects or malfunctions in
the major systems in the unit and common areas of the premises, or a
written statement disclaiming knowledge of any such substantial
defects or malfunctions. The disclaimer may be delivered only after
the owner or subdivider has inspected the unit and the common areas
and has not discovered a substantial defect or malfunction which a
reasonable inspection would have disclosed.
   (b) If any disclosure required to be made by this section is
delivered after the execution of an agreement to purchase, the buyer
shall have three days after delivery in person or five days after
delivery by deposit in the mail, to terminate his or her agreement by
delivery of written notice of that termination to the owner,
subdivider, or agent. Any disclosure delivered after the execution of
an agreement to purchase shall contain a statement describing the
buyer's right, method and time to rescind as prescribed by this
subdivision.
   (c) For the purposes of this section:
   (1) "Major systems" includes, but is not limited to, the roof,
walls, floors, heating, air conditioning, plumbing, electrical
systems or components of a similar or comparable nature, and
recreational facilities.
   (2) Delivery to a prospective buyer of the written statement
required by this section shall be deemed effected when delivered
personally or by mail to the prospective buyer or to an agent
thereof, or to a spouse unless the agreement provides to the
contrary. Delivery shall also be made to additional prospective
buyers who have made a request therefor in writing.
   (3) "Prospective buyer" includes any person who makes an offer to
purchase a unit in the condominium, community apartment project, or
stock cooperative.
   (d) Any person who willfully fails to carry out the requirements
of this section shall be liable in the amount of actual damages
suffered by the buyer.
   (e) Nothing in this section shall preclude the injured party from
pursuing any remedy available under any other provision of law.
   (f) No transfer of title to a unit subject to the provisions of
this chapter shall be invalid solely because of the failure of any
person to comply with the requirements of this section.
   (g) The written statement required by this section shall not
abridge or limit any other obligation of disclosure created by any
other provision of law or which is or may be required to avoid fraud,
deceit, or misrepresentation in the transaction.


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