Title 21 — Real Property
50 chapters · 1,488 sections in this title.
21 GCA § 13101 Trust Must be in Writing
0.3K chars
No trust in relation to real property is valid unless created or declared. 1. By a written instrument, subscribed by the trustee, or by his agent thereto authorized by writing; 2. By the instrument under which the trustee claims the estate affected; or 3. By operation of law. SOU…
21 GCA § 13102 Transfer to One of Money of Another
0.2K chars
When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made. SOURCE: CC '853.
21 GCA § 13103 Purchasers Protected
0.2K chars
No implied or resulting trust can prejudice the rights of a purchaser or encumbrancer of real property for value and without notice of the trust. SOURCE: CC '856. COL120106
21 GCA § 13104 Mortgage Powers Vested
0.4K chars
Whenever any conveyance or deed of trust relating to real property or any interest therein is given as security for money loaned, and such conveyance contains a power of sale, or a right in the vendor to repurchase, such conveyance or deed of trust shall be held and considered a …
21 GCA § 13105 Land Profits Liable to Creditors
0.4K chars
Where a trust is created to receive the rents and profits of real property, and no valid direction for accumulation is given, the surplus of such rents and profits, beyond the sum that may be necessary for the education and support of the person for whose benefit the trust is cre…
21 GCA § 13106 Trust Powers Vested, Survivors
0.3K chars
Where a power is vested in several persons, all must unite in its execution; but in case any one (1) or more of them is dead, the power may be executed by the survivor or survivors, unless otherwise prescribed by the terms of the power. SOURCE: CC '860.
21 GCA § 13107 Trustees of Express Trust, Whole Estate
0.3K chars
Except as hereinafter otherwise provided, every express trust in real property, valid as such in its creation, vests the whole estate in the trustees, subject only to the execution of the trust. The beneficiaries take no estate or interest in the property, but may enforce the per…
21 GCA § 13108 Author of Trust May Devise, Etc
0.3K chars
Notwithstanding anything contained in the last section, the author of a trust may, in its creation, prescribe to whom the real property to which the trust relates shall belong, in the event of the failure or termination of the trust, and may transfer or devise such property, subj…
21 GCA § 13109 Grant, Conveys, Except Trust Interest
0.2K chars
The grantee or devisee of real property subject to a trust acquires a legal estate in the property, as against all persons except the trustees and those lawfully claiming under them. SOURCE: CC '865.
21 GCA § 13110 Interest Remaining in Grantor, Express Trust
0.2K chars
Where an express trust is created in relation to real property, every estate not embraced in the trust, and not otherwise disposed of, is left in the author of the trust or his successors. SOURCE: CC '866.
21 GCA § 13111 Disposition of Trust, Limitation of Beneficiary
0.3K chars
The beneficiary of a trust for the receipt of the rents and profits of real property, or for the payment of an annuity out of such rents and profits, may be restrained from disposing of his interest in such trust, during his life or for a term of years, by the instrument creating…
21 GCA § 13112 Effect of Omitting Trust in Conveyance
0.4K chars
Where an express trust is created in relation to real property, but is not contained or declared in the grant to the trustee, or in an instrument signed by him, and recorded in the same office with the grant to the trustee, such grant must be deemed absolute in favor of purchaser…
21 GCA § 13113 Conveyance in Trust Not Naming Beneficiary
2.2K chars
Whenever a conveyance of real estate, or any interest therein, has been or hereafter is made to a person or persons in trust, or (a) where such person is designated trustee or as trustee, or (b) where such persons are designated trustees or as trustees, and regardless of whether …
21 GCA § 13114 Trustees' Sale Void
0.2K chars
Where a trust in relation to real property is expressed in the instrument creating the estate every transfer or other act of the trustees, in contravention of the trust, is absolutely void. SOURCE: CC '870.
21 GCA § 13115 Trustee's Estate, Ceases
0.2K chars
When the purpose for which an express trust was created ceases, the estate of the trustee also ceases. SOURCE: CC '871. ---------- COL120106 COL120106