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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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confers a title sufficient against all except the state and
those who have title by prescription, accession, transfer, will,
or succession.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 44 pars, annotation.

65 C. 334, 4 P. 191 (cited); 70 C. 236, 240, 11 P. 656, 658 (con-
strued with other sections); 83 C. 279, 288, 23 P. 386, 388 (cited
witli other sections in discussion); 91 C. 383, 385, 27 P. 746
(applied); (C. July 24, 1901), 65 P. 875, 876 (applied); 133 C.
634, 636, 85 A. S. 233, 66 P. 12 (applied and construed); 138 C
517, 520, 71 P. 624 (applied); 1 C. A. 121, 123, 124, 81 P. 713
(applied to mineral deposits on mill-site); 3 C. A. 633, 639, 86
P. 985 (applied to water ditch).

OCCUPANCY — IN GENERAL.

As to occupancy under conditions of insurance policy, see
note § 2527, post, titles "Occupancy" and "Vacancy."

Actual occupancy or residence. — See 63 A. D. 457; 76 A. D.
432; 82 A. D. 112; 6 W. & P. 4898.

Constructive possession. — See 6 W. & P. 4899.

Cultivation as affecting-. — See 6 W. & P. 4900.

Definition of occupancy. — See 37 L. ed. 533; 6 W. & P. 4898.

Occupancy by mistake. — See 6 W. & P. 4900.

Same — By servant. — See 6 W. & P. 4900.

Same — By tenant. — See 6 W. & P. 4901.

Same — Distinguished from adverse possession. — See 1 W. &
P. 233.

Same — Distinguished from residence. — See 7 W. & P. 6158.

Same — Is synonymous with possession. — See 21 Encyc. L. 767.

Same— Of license.— See 6 W. & P. 4901.

Prescription.

Acquisition of easement by. — See 10 L. 484; 11 L. 55.
Creation of prescriptive right in real property. — See 1 L. 485.
Creation of title by.— See 14 A. D. 67; 95 A. S. 671.
Dedication of highway by user. — See 3 A. C. 142.

582



Tit. II.] PRESCRIPTION. § 1007

Prescriptive right — As to fishing-, see 60 L. 496.
Same — To obstruct stream. — See 53 L. 895, 903.
Same — Same — As to artificial condition of a body of water,
see 50 L. 839.

Same — Of way on shore. — See 4 L. N. S. 880.
Same — ^Riglits to subterranean waters. — See 19 L,. 94.
Same — To dam back water of stream. — See 59 L. 838.
Same — To obstruct navigable stream. — See 59 L. 79.
Same — To pollute water course. — See 3 A. C. 24.
Title to abandon highway by. — See 26 L. 451.



§ 1007. PRESCRIPTION. Occupancy for the period pre-
scribed by the Code of Civil Procedure as sufficient to bar an
action for the recovery of the property confers a title thereto,
denominated a title by prescription, which is sufficient against
all.

Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 75 pars, annotation.

56 C. 73, 75, 76 (applied and construed); 71 C. 456, 458, 12 P.
491, 492 (construed and applied); 83 C. 279, 289, 23 P. 386, 389
(applied); 97 C. 270, 273, 32 P. 231, 232 (construed and applied);
98 C. 346, 349, 350, 33 P. 209, 20 L. 730 (construed); 102 C. 675,
684, 34 P. 120 (applied); 106 C. 690, 695, 40 P. 18 (construed and
applied); 109 C. 12, 18, 41 P. 781 (construed and applied); 128 C.
181, 187, 60 P. 677 (applied); 136 C. 292, 293, 68 P. 817 (construed
and applied); 139 C. 521, 525, 73 P. 429 (applied); 140 C. 385,
388, 73 P. 1079 (applied); 141 C. 497, 501, 70 P. 298, 75 P. 58
(applied); 144 C. 19, 27, 77 P. 712 (applied); 144 C. 339, 344, 77
P. 929 (applied by analogy); 144 C. 578, 594, 77 P. 1113 (applied);
148 C. 759, 764, 84 P. 162 (applied to diversion of water); 152 C.
731, 733, 93 P. 878, 879 (not applicable to what tide lands); 3
C. A. 282, 283, 85 P. 129 (applied to adverse possession of land —
prescriptive title against city and county of San Francisco);
3 C. A. 633, 639, 86 P. 985 (applied to water ditch); 4 C. A. 276,
282, 87 P. 553 (applied to water ditch); 18 F. 753, 787 (code is
meager on prescription — what constitutes prescription must be
determined by common law).

Adverse possession- — ^What constitutes. — See 4 L. 321; 6 L.
833; 53 L. 941.

Occupation under written instrument or judgment when
deemed adverse. — See Kerr's Cyc. C. C. P. § 322 and note.

Possession, when presumed. — Occupation deemed under legal
title unless adverse. — See Kerr's Cyc. C. C. P. § 321 and note.

Premises actually occupied under claim of title deemed to be
held adversely. — See Kerr's Cyc. C. C. P. § 324 and note.

583



§ 1007 CIVIL CODE. [Div.II,Pt.IV.

Relation of landlord and tenant as affecting adverse posses-
sion. — See Kerr's Cyc. C. C. P. § 326 and note.

Right of possession not affected by descent cast. — See Kerr's
Cyc. C. C. P. § 327 and note.

Seizin within five years when necessary in action for real
property. — See Kerr's Cyc. C. C. P. § 318 and note.

Time of commencing actions for the recovery of real prop-
erty. — See Kerr's Cyc. C. C. P. § 315 and note.

What constitutes adverse possession under a claim of title
not written. — See Kerr's Cyc. C. C. P. § 325 and note.

What constitutes adverse possession under written instru-
ment or judgment. — See Kerr's Cyc. C. C. P. § 323 and note.

When actions by the people or their grantees are fo be
brought within five years. — See Kerr's Cyc. C. C. P. § 317 and
note.

When action cannot be brought by grantee from the state. —
See Kerr's Cyc. C. C. P. § 316 and note.



584



Tit.III,ch.I.] ACCESSION— FIXTURES. §§ 1013, 1014

TITLE III.

ACCESSION.

Chapter I. To Real Property, §§ 1013-1019.

II. To Personal Property, §§ 1025-1033.

CHAPTER I.

ACCESSION TO REAL PROPERTY.

§ 1013. Fixtures.

§ 1014. Alluvion.

§ 1015. Sudden removal of bank.

§ 1016. Islands, in navigable streams.

§ 1017. [Islands.] In unnavigable streams.

§ 1018. Islands formed by division of stream.

§ 1019. Fixtures, removal of by tenant.

§ 1013. FIXTURES. When a person affixes his property
to the land of another, without an agreement permitting him
to remove it, the thing affixed, except as provided in section
ten hundred and nineteen, belongs to the owner of the land,
unless he chooses to require the former to remove it.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 224.

See Kerr's Cyc. C. C. for 5 pars, annotation.

86 C. 335, 339, 24 P. 993, 994 (referred to); 31 P. 360, 362
(applied); 118 C. 635, 636, 50 P. 683 (applied).

Appurtenances — As to, generally, see Kerr's Cyc. C. C. § 662
and note.

Same — As to of ship, see note § 960, ante.

Fixtures — What constitutes. — See Kerr's Cyc. C. C. § 660 and
note; also note § 660, ante.

Mines — Fixtures attached to. — See Kerr's Cyc. C. C. § 661 and
note.

Tenant's right to remove fixtures. — See Kerr's Cyc. C. C. § 1019
and note; also note § 660, ante.

§ 1014. ALLUVION. Where, from natural causes, land

forms by imperceptible degrees upon the bank of a river or

stream, navigable or not navigable, either by accumulation

585



§ 1015 CIVIL CODE. [Div.II.Pt.IV.

of material or by the recession of the stream, such land
belongs to the owner of the bank, subject to any existing right
of way over the bank.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 395,
held unconstitutional, see history, § 4 ante.

r-
See Kerr's Cyc. C. C. for 14 pars, annotation.

78 C. 634, 636, 21 P. 536, 537 (construed and applied).

As to accretions to land caused by obstructions in river, see
16 A. R. 526.

As to some features of tlie law of accretion applicaVile to
Islands and navigable rivers, see 72 A. S. 280, 286.

As to subjects of accretion and alluvion, see 35 A. S. 308-313.

As to the difference between accretion and reliction, see 33
A. D. 820; also 72 A. S. 493; 78 A. S. 274; 5 L. 684; 12 L. 637;
7 W. & P. 6062.

As to the title to alluvion artificially formed, see 33 A. D.
270, 276.

Aerolite falling on land and imbedded therein becomes part
of the soil. — See Kerr's Cyc. C. C. § 659, note pars. 2, 3.

Alluvion and accretion. — See 35 A. S. 307; 51 1,. 425; 12 L. N. S.
687.

Same— Definitions of.— See 22 A. S. 202; 1 W. & P. 99, 349.

Alluvion and reliction, title acquired thereby. — See 33 A. D.
276.

Right to follow accretions across division line previously
submerged by the action of the water. — See 51 L. 425.

The law of accretion to shore lands. — See 58 L.. 193-210.



§1015. SUDDEN REMOVAL OF BANK. If a river or
stream, navigable or not navigable, carries away, bj' sudden
violence, a considerable and distinguishable part of a bank,
and bears it to the opposite bank, or to another part of the
same bank, the owner of the part carried away may reclaim
it within a year after the owner of the land to which it has
been united takes possession thereof.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
Change of boundary by submersion. — See 38 L. 850.
Effect of sudden submersion upon title to land. — See 38 L. 849.
Erosion or submersion, transfer of title by. — See 5 L. 688.
Reclamation of submerged land. — See 5 L. 689.

586



Tit.III,ch.I.] ISLANDS— FIXTURES. §§ 1016-1019

§1016. ISLANDS, m MVIGABLE STREAMS. Islands
and accumulations of land, formed in the beds of streams
which are navigable, belong to the state, if there is no title
or prescription to the contrary.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

99 C. 303, 309, 33 P. 1099 (applied); 135 C. 54V, 550, 67 P. 964
(applied); 149 C. 511, 513, 87 P. 200 (applied to accretions to
island in navigable river as distinguished from accretions to
ranch on mainland).

As to islands and the title thereto, see 33 A. D. 281; 53 A. R.
215-221; 35 A. S. 312; 53 A. S. 289; 72 A. S. 280-286; 5 L. 684; 12
L. 632; 58 L. 673-678.

Right to island attached to shore by accretion. — See 35 A. S..
308; 72 A. S. 280; 6 L. N. S. 194.

§1017. [ISLANDS], O U> NAVIGABLE STREAMS. An

island, or an accumulation of land, formed in a stream which
is not navigable, belongs to the owner of the shore on that
side where the island or accumulation is formed; or, if not
formed on one side only, to the owners of the shore on the
two sides, divided by an imaginary line drawn thf-ough the
middle of the river.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 395,
held unconstitutional, see history, § 4 ante.

§1018. ISLANDS FORMED BY DIVISION OF STREAM.

If a stream, navigable or not navigable, in forming itself a
new arm, divides itself and surrounds land belonging to the
owner of the shore, and thereby forms an island, the island
belongs to such owner.

History: Enacted March 21, 1872.

§ 1019. FIXTURES, REMOVAL OF BY TENANT. A tenant
may remove from the demised premises, any time during the
continuance of his term, anything affixed thereto for purposes
of trade, manufacture, ornament, or domestic use, if the
removal can be effected without injury to the premises, unless

587



§ 1019 CIVIL CODE. [Div.II.Pt.IV.

the thing has, by the manner in which it is affixed, become an
integral part of the premises.

HiMtory: Original section, relating to abandonment of bed
of stream, enacted March 21, 1872, was repealed and the above
provision substituted therefor by Act March 30, 1874, Code
Amdts. 1873-4, p. 225.

See Kerr's Cyc. C. C. for 23 pars, annotation.

86 C. 3^5, 339, 24 P. 993, 994 (construed and applied); 31 P. 360,
362 (referred to in applying S1013); 99 C. 636, 639, 34 P. 321
(applied); 105 C. 15, 19. 38 P. 510 (applied); 118 C. 635, 636. 639,
,50 P. 683 (applied and cited); 2 C. A. 602, 604, 84 P. 279 (section
includes everything that tenant may have affixed to premises
for purposes therein designated).

As to fixtures generally, see Kerr's Cyc. C. C. § 660 and note.

As to appurtenances, see Kerr's Cyc. C. C. S 1013 and note.



588



Tit.III,ch.II.] PERSONALTY, ACCESSIONS. § 1025

CHAPTER II.

ACCESSION TO PERSONAL PROPERTY.

§ 1025. Accession by uniting- several things.

§ 1026. Principal part, what.

§ 1027. Same. [The more valuable or bulky.]

§ 1028. Uniting materials and workmanship.

§ 1029. Inseparable materials.

§ 1030. Materials of several owners.

§ 1031. Wilful trespassers.

§ 1032. Owner may elect between the thing and its value.

§ 1033. Wrong-doer liable in damages.

§1025. ACCESSION BY UNITING SEVERAL THINGS.

When things belonging to different owners have been united
so as to form a single thing, and cannot be separated without
Injury, the whole belongs to the owner of the thing which
forms the principal part; who must, however, reimburse the
value of the residue to the other owner, or surrender the
whole to him.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

130 C. 316, 320, 80 A. S. 127, 62 P. 559 (applied).

As to accession to personal property, see 1 Cent. Dig. col. 437,
§§1-10; 1 Decen. Dig. p. 103, §§1, 2.

As to title by accession to crop, fruit, and timber wrongfully
severed, see 54 A. D. 583-597: 32 L. 422-434.

As to title by labor bestowed on personal property, see 26
A. R. 525; 1 Encyc. L. 249.

As to* whether title by accession to personal property taken
by one not the owner can be acquired, see 44 A. S. 444-448.

Accession of logs in boom, see 3 L. 408.

Alterations in the form of property which do not affect the
title.— See 4 A. D. 369; 5 A. D. 205.

Application of the doctrine of accession to personal property.
— See 1 Encyc. L. 248-251.

Same — When annexed to realty. — See 1 Encyc. L. 255.

Personal property taken by one not the owner as to whether
title to accession may be acquired by. — See 44 A. S. 444.

Title by accession — General doctrine. — See 32 L. 422-433.

Same — To crops, fruit and timber wrongfully severed. — See
32 L. 422.

589



§§ 1026-1029 CIVIL CODE. [Div.TI.Pt.IV.

§ 1026. PRIIVCIPAL PART, WHAT. That part is to be
deemed the principal to which the other has been united only
for the use, ornament, or completion of the former, unless
the latter is the more valuable, and has been united without
the knowledge of its owner, who may, in the latter case,
require it to be separated and returned to him, although some
injury should result to the thing to which it has been united!
History: Enacted March 21, 1872.

As to accession generally, see note § 1025, ante.

As to what is principal part, see Kerr's Cyc. C. C. § 1026, note.

§1027. SAME. [THE MORE VALUABLE OR BULKY.]

If neither can be considered the principal, within the rule
prescribed by the last section, the more valuable, or, if the
values are nearly equal, the more considerable in bulk, is to
be deemed the prinicpal part.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.
As to accession generally, see note § 1025, ante.
As to test and proportion of values, see 1 Encyc. L. 251; 1 Cyc.
224.

See also Kerr's Cyc. C. C. § 1025 and note.

§1028. UNITING MATERIALS A'ND WORKMANSHIP.

If one makes a thing from materials belonging to another,
the latter may claim the thing on reimbursing the value of
the workmanship, unless the value of the workmanship
exceeds the value of the materials, in which case tha thing
belongs to the maker, on reimbursing the value of the mate-
rials.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
As to accession generally, see note § 1025, ante.

§ 1029. INSEPARABLE MATERIALS. Where one has made
use of materials which in part belong to him and in part
to another, in order to form a thing of a new description,
without having destroyed any of the materials, but in such a

590



Tit.III,ch.II.] MATERIALS— TRESPASS. §§1030,1031

way that they cannot be separated without inconvenience,
the thing formed is common to both proprietors; in propor-
tion, as respects the one, of the materials belonging to him,
and as respects the other, of the materials belonging to him
and the price of his workmanship.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to accession generally, see note § 1025, ante.

§1030. MATERIALS OF SEVERAL OWNERS. When a
thing has been formed by the admixture of several materials
of different owners, and neither can be considered the prin-
cipal substance, an owner without whose consent the admixt-
ure was made may require a separation, if the materials can
be separated without inconvenience. If they cannot be thus
separated, the owners acquire the thing in common, in pro-
portion to the quantity, quality, and value of their materials;
but if the materials of one were far superior to those of the
others, both in quantity and value, he may claim the thing
on reimbursing to the others the value of their materials.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

128 C. 637, 641, 61 P. 283 (applied).

As to accession generally, see note § 102.'j, ante.

As to confusion of goods and rights of owner, see 6 Encyc.
L. 592, 593; 8 Cyc. 571, 572.

As to confusion of goods, what is, and effect of, see 54 A. D.
589 et seq.

§ 1031. WILFUL TRESPASSERS. The foregoing sections
of this article are not applicable to cases in which one wil-
fully uses the materials of another without his consent; but,
in such cases, the product belongs to the owner of the mate-
rial, if its identity can be traced.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
As to accession generally, see note § 1025, ante.

591



§§ 1032, 1033 CIVIL CODE. [Div.II,Pt.IV.

§1032. OWNER MAT ELECT BETWEEN THE THING
AND ITS VALUE. In all cases where one whose material
has been used without his knowledge, in order to form a
product of a different description, can claim an interest in
such product, he has an option to demand either restitution
of his material in kind, in the same quantity, weight, measure,
and quality, or the value thereof; or where he is entitled to
the product, the value thereof in place of the product.

History: Enacted March 21, 1872.

§ 1033. WRONG-DOER LIABLE IN DAMAGES. One who

wrongfully employs materials belonging to another is liable
to him in damages, as well as under the foregoing provisions
of this chapter.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

106 C. 202, 205 (erroneously cited for § 1053), 39 P. 531, 532
(same error).
As to accession generally, see note § 1025, ante.



592



Tit.IV.ch.I.art.I.]



TRANSFER, WHAT.



§1039



TITLE IV.

TRANSFER.

[For Commissioners' comment on this title, see Kerr's Cyc.
C. C]

Chapter I. Transfer in General, §§ 1039-1085.

II. Transfer of Real Property, §§ 1091-1115.

III. Transfer of Personal Property, §§ 1135-1153.

IV. Recording- Transfers of Real Property, §§1158-1218.
V. Unlawful Transfers, §§ 1227-1231.



Article I.

II.

III.

IV.

V.



CHAPTER I.

TRANSFERS IN GENERAL.

Delnition of Transfer, §§ 1030, 1040.
What May Be Transferred, §§ 1044-1041
Mode of Transfer, §§ 1052-1060.
Interpretation of Grants, §§ 1066-1072.
Effect of Transfer, §§ 1083-1085.



ARTICLE I.

DEFINITION OF TRANSFER.

§ 1039. Transfer, what.

§ 1040. Voluntary transfer.



§ 1039. TRANSFER, WHAT. Transfer is an act of the

parties, or of the law, by which the title to property is con-
veyed from one living person to another.

Hit^tory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

58 C. 11, 15 (cited); 58 C. 457, 484 (cited); 106 C. 202, 205,-39
P. 531 (cited); 145 C. 431, 434, 78 P. 962 (applied); 1 C. A. 659,
664, 82 P. 1075 (not applicable to promissory notes descended
from dead persons to living persons — change of position of
parties effected by law).

As to effect of transfer of bill of lading as passing title, see
55 A. D. 299.

593



§§1040,1044 CIVIL CODE. [Div.II.Pt.IV.

§ 1040. VOLUNTARY TRANSFER. A voluntary transfer
is an executed contract, subject to all rules of law concerning
contracts in general; except that a consideration is not neces-
sary to its validity.

]liK<<»r.v: Enacted March 21. 1872.

See Kerr's Cyc. C. C. for 45 pars, annotation.

75 C. 525, 532, 7 A. S. 189. 17 P. 689. 692 (applied*; 79 C. 525.
5.30, 12 A. S. 162. 21 P. 984, 986. 4 L. 826 (construed); 95 C. 63,
74 (applied but erroneously cited as § 1040 C. C. P.), 30 P. 301,
303 (correct citation); 122 C. 426. 428, 55 P. 143 (applied); 143
C. 528, 533, 77 P. 471, 473 (applied); 145 C. 431, 434, 78 P. 962
(applied).

As to voluntary conveyances, see 14 A. D. 703-709; 14 A. S.
739-754; 65 A. S. 798-801.



ARTICLE II.

WHAT MAY BE TRANSFERRED.

§ 1044. What may be transferred.

§ 1045. Possibility.

§ 1046. Right of re-entry can be transferred.

§ 1047. Owner ousted of possession may transfer.

§ 1044. WHAT MAY RE TRANSFERRED. Property of
any kind may be transferred, except as otherwise provided by
this article.

HI.«rtory! Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

74 C. 619, 623, 5 A. S. 479, 16 P. 501, 503 (cited); 84 C. 281,
283, 18 A. S. 179, 24 P. 42, 43 (construed); 109 C. 29, 37, 41 P. 1024
(construed); 145 C. 431, 434, 78 P. 962 (referred to); 151 C. 479.
483, 91 P. 152 (title to property, after wrongful conversion may
be transferred); 1 C. A. 587, 591, 82 P. 542 (charter party and
contract may be transferred without consent of owners); 7 C.
A. 248, 253, 94 P. 252, 253 (cited).

Adverse possession — Transferability of title claimed by. —
See Kerr's Cyc. C. C. § 1047 and note.

Burden of obligation not transferable. — See post § 1457 and
note.

Chose in action is assignable. — See Kerr's Cyc. C. C. § 954
and note.

594



i

Tit.IV,ch.I,art.II.] RIGHT OP ENTRY. §§1045-1047

Non-neg-otiable instruments may be transferred. — See Kerr's
Cyc. C. C. § 1459 and note.

Possibility not transferable. — See Kerr's Cyc. C. C. § 1045 and
note.

Right arising- out of obligation is transferable. — See Kerr's
Cyc. C. C. § 1458 and note pars. 3, 4.

Right of re-entry or of repossession is transferable. — See
Kerr's Cyc. C. C. § 1046 and note.

Servitudes— Grant of.— See Kerr's Cyc. C. C. § 802 and note.

§ 1045. POSSIBILITY. A mere possibility, not coupled
with an interest, cannot be transferred.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

74 C. 619, 623, 5 A. S. 479, 16 P. 501, 503 (referred to); 104 C.
570, 584, 43 A. S. 134, 38 P. 414, 32 L. 595 (construed); 138 C.
355! 361, 70 P. 1076 (applied); 141 C. 366, 370, 74 P. 993 (con-
strued and applied); 7 C. A. 248, 253, 94 P. 252, 253 (cited).

Possibility is not interest of any kind. — See Kerr's Cyc. C. C.
§ 700 and note.

§ 1046. EIGHT OF RE-ENTKY CAN BE TRANSFERRED.

A right of re-entry, or of repossession for breach of condi-
tion subsequent, can be transferred.

History: Enacted March 21, 1872.

74 C. 619, 623, 5 A. S. 479, 16 P. 501, 503 (landowner may make
valid lease before former leases have expired and tenants have
surrendered back possession).

§ 1047. OWNER OUSTED OF POSSESSION MAY TRANS-
FER. Any person claiming title to real property in the
adverse possession of another may transfer it with the same
effect as if in actual possession.

History: Enacted March 21, 1872.

55 C. 126, 128 (cited); 74 C. 619, 623, 5 A. S. 479, 16 P. 501,
503 (cited); 151 C. 479, 483, 91 P. 152 (title to property, after
wrongful conversion, may be transferred).



595



§§ 1052, 1053 CIVIL CODE. [Div.II.Pt.'IV.

ARTICLE III.

MODE OF TRANSFER.

§ 1052. When oral.

§ 1053. Grant, what.

§ 1054. Delivery necessary.

§ 1055. Date.

§ 1056. Delivery to grantee is necessarily absolute.

§ 1057. Delivery in escrow.

§ 1058. Surrendering- or canceling grant does not reconvey.

§ 1059. Constructive delivery.

§ 1060. Gratuitous grants take effect immediately; exception
[repealed].

§ 1052. WHEN ORAL. A transfer may be made without
writing, in every case in which a writing is not expressly
required by statute.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

70 C. 449, 452, 11 P. 659, 661 (applied); 121 C. 376, 377, 53 P. 821
(construed and applied); 128 C. 527, 530, 61 P. 77 (construed and
applied); 128 C. 627, 633 (erroneously citing this section instead
of §1053), 61 P. 371 (same error); 144 C. 681, 691, 78 P. 270
(applied); 153 C. 245, 250, 94 P. 1047 (valid trust in personal
property may be created by parol).

Frauds — Statute of — -Contracts which must be in writing. —



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