Title 21, Real Property

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. SOURCE: CC '1095. CROSS-REFERENCES: See 21 GCA '29166 relative to an attorney-in- fact dealing with re…

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. SOURCE: CC '1096. CROSS-REFEREN…

A transfer of real property transfers 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…

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. SOURCE: CC '1105.

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. SOURCE: CC '1106.

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 encumbrancer who in good faith and for a valuable COL070307 consideration acquires a title or lien by an instrument that is f…

A grant made by the owner of an estate for life or for years, purporting to convey 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. SOURCE: CC '1108.

Where a grant is made upon condition subsequent and is subsequently defeated by the nonperformance 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. SOURCE: …

An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the state upon the performance of the condition. SOURCE: CC '1110.

Grants of rents or of reversions or of remainders are good and effectual without attornments of the tenants, but no tenant who, before notice of the grant, shall have paid rent to the grantor, must suffer any damage thereby. SOURCE: CC '1111.

A transfer of land, bounded by a highway, passes the title of the person whose estate is transferred to the soil of the highway in front to the center thereof, unless a different intent appears from the grant. SOURCE: CC '1112.

COL070307 From the use of the word grant in any conveyance by which an estate of inheritance or fee simple is to be passed, the following covenants, and none other, on the part of the grantor for himself and his heir to the grantee, his heirs, and assigns, are implied, unless res…

The term encumbrances includes taxes, assessments, and all liens upon real property. SOURCE: CC '1114.

Lineal and collateral warranties, with all their incidents, are abolished, but the heirs and devisees of every person who has made any covenant or agreement in reference to the title of, in, or to any real property, are answerable on such covenant or agreement to the extent of th…

COL070307 The following-named properties shall be exempt from taxation: all public property; all buildings, together with the land on which they sand, used exclusively for purposes of education, religion or officially approved charities; but this exemption shall not include resid…