1104-1134
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.