1091-1099
CIVIL CODE
SECTION 1091-1099
1091. An estate in real property, other than an estate at will or
for a term not exceeding one year, can be transferred only by
operation of law, or by an instrument in writing, subscribed by the
party disposing of the same, or by his agent thereunto authorized by
writing.
1092. A grant of an estate in real property may be made in
substance as follows:
"I, A B, grant to C D all that real property situated in (insert
name of county) County, State of California, bounded (or described)
as follows: (here insert property description, or if the land sought
to be conveyed has a descriptive name, it may be described by the
name, as for instance, "The Norris Ranch.')
Witness my hand this (insert day) day of (insert
month),
20___.
AB"
1093. Absent the express written statement of the grantor contained
therein, the consolidation of separate and distinct legal
descriptions of real property contained in one or more deeds,
mortgages, patents, deeds of trust, contracts of sale, or other
instruments of conveyance or security documents, into a subsequent
single deed, mortgage, patent, deed of trust, contract of sale, or
other instrument of conveyance or security document (whether by means
of an individual listing of the legal descriptions in a subsequent
single instrument of conveyance or security document, or by means of
a consolidated legal description comprised of more than one
previously separate and distinct legal description), does not operate
in any manner to alter or affect the separate and distinct nature of
the real property so described in the subsequent single instrument
of conveyance or security document containing either the listing of
or the consolidated legal description of the parcels so conveyed or
secured thereby.
This section does not constitute a change in, but is declaratory
of, the existing law.
1095. When an attorney in fact executes an instrument transferring
an estate in real property, he must subscribe the name of his
principal to it, and his own name as attorney in fact.
1096. Any person in whom the title of real estate is vested, who
shall afterwards, from any cause, have his or her name changed, must,
in any conveyance of said real estate so held, set forth the name in
which he or she derived title to said real estate. Any conveyance,
though recorded as provided by law, which does not comply with the
foregoing provision shall not impart constructive notice of the
contents thereof to subsequent purchasers and encumbrancers, but such
conveyance is valid as between the parties thereto and those who
have notice thereof.
1097. No vendor or lessor of a single family residential property
shall contract for or exact any fee in excess of ten dollars ($10)
for the act of signing and delivering a document in connection with
the transfer, cancellation or reconveyance of any title or instrument
at the time the buyer or lessee exercises an option to buy, or
completes performance of the contract for the sale of, the property.
The provisions of this section shall apply prospectively only.
1098. A "transfer fee" is any fee payment requirement imposed
within a covenant, restriction, or condition contained in any deed,
contract, security instrument, or other document affecting the
transfer or sale of, or any interest in, real property that requires
a fee be paid upon transfer of the real property. A transfer fee does
not include any of the following:
(a) Fees or taxes imposed by a governmental entity.
(b) Fees pursuant to mechanics' liens.
(c) Fees pursuant to court-ordered transfers, payments, or
judgments.
(d) Fees pursuant to property agreements in connection with a
legal separation or dissolution of marriage.
(e) Fees, charges, or payments in connection with the
administration of estates or trusts pursuant to Division 7
(commencing with Section 7000), Division 8 (commencing with Section
13000), or Division 9 (commencing with Section 15000) of the Probate
Code.
(f) Fees, charges, or payments imposed by lenders or purchasers of
loans, as these entities are described in subdivision (c) of Section
10232 of the Business and Professions Code.
(g) Assessments, charges, penalties, or fees authorized by the
Davis-Stirling Common Interest Development Act (Title 6 (commencing
with Section 1350) of Part 4).
(h) Fees, charges, or payments for failing to comply with, or for
transferring the real property prior to satisfying, an obligation to
construct residential improvements on the real property.
(i) Any fee reflected in a document recorded against the property
on or before December 31, 2007, that is separate from any covenants,
conditions, and restrictions, and that substantially complies with
subdivision (a) of Section 1098.5 by providing a prospective
transferee notice of the following:
(1) Payment of a transfer fee is required.
(2) The amount or method of calculation of the fee.
(3) The date or circumstances under which the transfer fee payment
requirement expires, if any.
(4) The entity to which the fee will be paid.
(5) The general purposes for which the fee will be used.
1098.5. (a) For transfer fees, as defined in Section 1098, imposed
prior to January 1, 2008, the receiver of the fee, as a condition of
payment of the fee on or after January 1, 2009, shall record, on or
before December 31, 2008, against the real property in the office of
the county recorder for the county in which the real property is
located a separate document that meets all of the following
requirements:
(1) The title of the document shall be "Payment of Transfer Fee
Required" in at least 14-point boldface type.
(2) The document shall include all of the following information:
(A) The names of all current owners of the real property subject
to the transfer fee, and the legal description and assessor's parcel
number for the affected real property.
(B) The amount, if the fee is a flat amount, or the percentage of
the sales price constituting the cost of the fee.
(C) If the real property is residential property, actual
dollar-cost examples of the fee for a home priced at two hundred
fifty thousand dollars ($250,000), five hundred thousand dollars
($500,000), and seven hundred fifty thousand dollars ($750,000).
(D) The date or circumstances under which the transfer fee payment
requirement expires, if any.
(E) The purpose for which the funds from the fee will be used.
(F) The entity to which funds from the fee will be paid and
specific contact information regarding where the funds are to be
sent.
(G) The signature of the authorized representative of the entity
to which funds from the fee will be paid.
(b) When a transfer fee, as defined in Section 1098, is imposed
upon real property on or after January 1, 2008, the person or entity
imposing the transfer fee, as a condition of payment of the fee,
shall record in the office of the county recorder for the county in
which the real property is located, concurrently with the instrument
creating the transfer fee requirement, a separate document that meets
all of the following requirements:
(1) The title of the document shall be "Payment of Transfer Fee
Required" in at least 14-point boldface type.
(2) The document shall include all of the following information:
(A) The names of all current owners of the real property subject
to the transfer fee, and the legal description and assessor's parcel
number for the affected real property.
(B) The amount, if the fee is a flat amount, or the percentage of
the sales price constituting the cost of the fee.
(C) If the real property is residential property, actual
dollar-cost examples of the fee for a home priced at two hundred
fifty thousand dollars ($250,000), five hundred thousand dollars
($500,000), and seven hundred fifty thousand dollars ($750,000).
(D) The date or circumstances under which the transfer fee payment
requirement expires, if any.
(E) The purpose for which the funds from the fee will be used.
(F) The entity to which funds from the fee will be paid and
specific contact information regarding where the funds are to be
sent.
(G) The signature of the authorized representative of the entity
to which funds from the fee will be paid.
(c) The recorder shall only be responsible for examining that the
document required by subdivision (a) or (b) contains the information
required by subparagraphs (A), (F), and (G) of paragraph (2) of
subdivision (a) or (b). The recorder shall index the document under
the names of the persons and entities identified in subparagraphs (A)
and (F) of paragraph (2) of subdivision (a) or (b). The recorder
shall not examine any other information contained in the document
required by subdivision (a) or (b).
1099. (a) As soon as practical before transfer of title of any real
property or the execution of a real property sales contract as
defined in Section 2985, the transferor, fee owner, or his agent,
shall deliver to the transferee a copy of a structural pest control
inspection report prepared pursuant to Section 8516 of the Business
and Professions Code upon which any certification in accordance with
Section 8519 of the Business and Professions Code may be made,
provided that certification or preparation of a report is a condition
of the contract effecting that transfer, or is a requirement imposed
as a condition of financing such transfer.
(b) If a notice of work completed as contemplated by Section 8518
of the Business and Professions Code, indicating action by a
structural pest control licensee in response to an inspection report
delivered or to be delivered under provisions of subdivision (a), or
a certification pursuant to Section 8519 of the Business and
Professions Code, has been received by a transferor or his agent
before transfer of title or execution of a real property sales
contract as defined in Section 2985, it shall be furnished to the
transferee as soon as practical before transfer of title or the
execution of such real property sales contract.
(c) Delivery to a transferee as used in this section means
delivery in person or by mail to the transferee himself or any person
authorized to act for him in the transaction or to such additional
transferees who have requested such delivery from the transferor or
his agent in writing. For the purposes of this section, delivery to
either husband or wife shall be deemed delivery to a transferee,
unless the contract affecting the transfer states otherwise.
(d) No transfer of title of real property shall be invalidated
solely because of the failure of any person to comply with the
provisions of this section unless such failure is an act or omission
which would be a valid ground for rescission of such transfer in the
absence of this section.