Title 21 — Real Property

An action may be brought by any person against another who claims an estate or interest in real or personal property, adverse to him, for the purpose of determining such adverse claim, provided however, that whenever in an action to quiet title to, or to determine adverse claims …

If the defendant in such action disclaims in his answer any interest or estate in the property, or suffers judgment to be taken against him without answer, the plaintiff cannot recover costs. SOURCE: CCP § 739.

In an action for the recovery of property, where the plaintiff shows a right to recover at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the finding and judgment must be according to the fact, and the plaintiff …

Set-Off. When damages are claimed for withholding the property recovered, upon which permanent improvements have been made by a defendant, or those under whom he claims, holding under color of title adversely to the claim of the plaintiff, in good faith, the value of such improve…

and Measure the Land in Dispute. The court in which an action is pending for the recovery of real property, or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party for good cause shown, grant an order allow to such party the right to …

Unnecessary Injury Done, the Party Surveying to be Liable Therefor. The order must describe the property, and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property with necessary surveyors and assistants, and make such survey…

Whatever its Terms. A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale. SOURCE: CCP '744.

Foreclosure; or After Sale on Execution, Before Conveyance. The court may, by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the foreclosure of a mortgage thereon; or, after a sale on execution, before a …

Possession After Sale, Etc., and Before Delivery of Possession. When real property has been sold on execution, the purchaser thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the te…

Suit. An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action. SOURCE: CCP § 747.

Unknown Defendants. Lis Pendens. An action may be brought to determine the adverse claims to, and clouds upon, title to real property by a person who, by himself or by himself and his predecessors in interest, has been in the actual, exclusive and adverse possession of such prope…

of Summons. Within one (1) year after the filing of the complaint, as required by the preceding section, a summons must be issued, which shall contain the matters required by ' 407 of the Code of Civil Procedure [see 2008 Comment], and in addition a description of the property an…

Entered, is Conclusive. Remedy is Cumulative. When the summons has been served as provided in the preceding section, and the time for answering has expired, the court shall proceed to hear the case as in other cases, and shall have jurisdiction to examine into and determine the l…

Different Names. Whenever any person who by any conveyance, judgment, or decree has received or taken, or who hereafter receives or takes, the title to, or any interest in, or lien upon real property in a certain name and thereafter has conveyed, or conveys, or has reconveyed, or…