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$831. Boundaries by ways. An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown. En. March 21, 1872.

Cal.Rep.Cit. 69, 206; 70, 540; 95, 665; 131, 99.
Highway as boundary: See post, sec. 1112.

$ 832. Lateral and subjacent support. Each cotermi. nous owner is entitled to the lateral and subjacent sup port which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction, on using ordinary care and skill, and taking reasonable precautions to sustain the land of the other, and giving previous reasonable notice to the other of his intention to make such excavations. En. March 21, 1872. Am'd. 1873-4, 221. Cal.Rep.Cit. 63, 271; 63, 272; 63, 273; 63, 274; 63, 276;

92, 98; 92, 603; 95, 499; 98, 348; 98, 349; 105, 57; 128, 503. 8 833. Trees whose trunks are wholly on land of one. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. En. March 21, 1872.

$ 834. Line trees. Trees whose trunks stand partly on the land of two or more coterminous owners belong to them in common. En. March 21, 1872.

CHAPTER II.

840. 841.

OBLIGATIONS OF OWNERS.
Duties of tenant for life.
Monuments and fences.

$840. Duties of tenant for life. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. En. March 21,

Cal.Rep.Cit. 136, 518.

Rights of tenants for life: See sec. 818, ante.

Decree declaring life estate terminated: Code Civ. Proc., sec. 1723.

8 841. Monuments and fences. Coterminous owners are mutually bound equally to maintain:

1. The boundaries and monuments between them;

2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value at that time, of any division fence made by the latter. En. March 21, 1872. Cal.Rep.Cit. 61, 297; 67, 593; 103, 45; 103, 117. Subd. 2

119, 527.

TITLE IV.

USES AND TRUSTS. $ 847. What uses and trusts may exist. $ 848. Right to possession of land creates legal ownership. (Re

pealed.) § 849. Certain trusts unaffected. (Repealed.) $ 850. Trustees of estate for use of another take no interest. (Re

pealed.) $ 851. Preceding sections qualified. (Repealed.) 8 852.

Trust must be in writing. $ 853.

Transfer to one for money paid by another. $ 854. Rights of creditors. (Repealed.) § 855. Section 853 qualified. (Repealed.) $ 856.

Purchasers protected. $ 857.

For what purposes express trusts may be created. $ 858.

Vesting of mortgage powers. Š 859. Profits of land liable to creditors in certain cases. $ 860.

Exercise of yested powers. $ 861. Creation of certain powers not prohibited. (Repealed.) $ 862.

And land, etc., to descend to persons entitled. (Repealed.) § 863.

Trustees of express trusts to have whole estate. $ 864. Author of trust may devise, etc. $ 865. Title of grantee or devisee of trust property. $ 866. Interests remaining in grantor of express trust, § 867. Restraining disposition of trusts. $ 868. Same. (Repealed.) § 869. Effect of omitting trust în conveyance. $ 870. Certain sales, etc., by trustees, void. $ 871. When estate of trustee to cease.

$ 847. What uses and trusts may exist. Uses and trusts in relation to real property are those only which are specified in this title. En. March 21, 1872. Cal.Rep.Cit. 58, 478; 58, 481; 80, 242; 107, 595; 116, 409;

124, 421; 132, 527 ; 132, 551, 132, 557.

Rules as to suspending power of alienation: Secs. 715, 716, 771, ante.

Trusts for accumulation of income: Secs. 722-726, ante.
Trusts in general: Secs. 2215-2224, post.
Trusts for third persons: Secs. 2250-2289, post.

$ 848. Right to possession of land creates legal owner. ship. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221.

Cal.Rep.Cit. 132, 535.

$ 849. Certain trusts unaffected. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221.

Cal.P.ep.Cit. 132, 535.

$850. Trustees of estate for use of another take no interest. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221.

Cal.Rep.Cit. 132, 535.

$ 851. Preceding sections qualified. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221.

Cal.Rep.Cit. 132, 535.

$ 852. Trust must be in writing. 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. En. March 21, 1872. Cal.Rep.Cit. 58, 483; 70, 452; 75, 526; 76, 471; 85, 446;

90, 607; 94, 72; 97, 61; 99, 314 ; 108, 656; 110, 5; 112, 284 ; 118, 107 ; 124, 421; 126, 192; 132, 27; 135, 279; 136, 96. Subd. 1-122, 427; 136, 155. Subd. 3-136, 634.

$ 853. Transfer to one for money paid by another. 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. En. March 21, 1872. Am'd. 1873-4, 221. Cal.Rep.Cit. 67, 256; 67, 327; 68, 120; 74, 91; 75, 170;

77, 338; 80, 518; 85, 446; 92, 13; 122, 116, 127, 247; 132, 28; 136, 95; 136, 96; 136, 463; 138, 569.

8854. Rights of creditors. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221.

$ 855. Section 853 qualified. (Repealed.) En. March 21, 1872. Rep. 1873-4, 221.

8 856. Purchasers protected. No implied or resulting trust can prejudice the rights of a purchaser or incumbrancer of real property for value and without notice of the trust. En. March 21, 1872.

Cal.Rep.Cit. 74, 91; 96, 307; 115, 335; 128, 365.
Bona fide purchasers, rights of: See sec. 2243, post.
Bona fide purchasers generally: See post, sec. 1214.

8 857. For what purposes express trusts may be created. Express trusts may be created for any of the following purposes:

1. To sell real property, and apply or dispose of the proceeds in accordance with the instrument creating the trust.

2. To mortgage or lease real property for the benefit of annuitants or other legatees, or for the purpose of satisfying any charge thereon.

3. To receive the rents and profits of real property, and pay them to or apply them to the use of any person, whether ascertained at the time of the creation of the trust or not, for himself or for his family, during the life of such person, or for any shorter term, subject to the rules of title II of this part; or,

4. To receive the rents and profits of real property, and to accumulate the same for the purposes and within the limits prescribed by the same title. En. March 21, 1872. Am'd. 1873-4, 221. Cal.Rep.Cit. 58, 478; 58, 481; 58, 483; 76, 144; 79, 67;

80, 242; 107, 595; 108, 648; 108, 656; 121, 385, 123, 144; 124, 420; 124, 421; 124, 497 ; 130, 135, 132, 527 ; 132, 528; 132, 559; 132, 564; 132, 567; 132, 624; 132, 625; 132, 626; 135, 279; 136, 103; 136, 155. Subd. 1 - 85, 506; 108, 646; 116, 409; 121, 382. Subd. 2–108, 644;. 109, 330; 132, 623.

Subd. 3–108, 644; 136, 102. Subd. 4-133, 423. Surplus of rents and profits: See sec. 859, post. Estate of trustee: See infra, sec. 863.

$ 858. Vesting of mortgage powers. Where a power to sell real property is given to a mortgagee, or other incumbrancer in an instrument intended to secure the payment of money, the power is to be deemed a part of the security,

and vests in any person who, by assignment, becomes entitled to the money so secured to be paid, and may be executed by him whenever the assignment is duly acknowl. edged and recorded. En. March 21, 1872. Rep. 1873-4, 222. En. 1873-4, 222.

Cal.Rep.Cit. 121, 384; 132, 557.

§ 859. Profits of land liable to creditors in certain cases. 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 created, is liable to the claims of the creditors of such person, in the same manner as personal property which cannot be reached by execution. En. March 21, 1872.

8 860. Exercise of vested powers. Where a power is vested in several persons, all must unite in its execution; but in case any one 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. En. March 21, 1872. Rep. 1873-4, 222. En. 1873-4, 222.

Cal.Rep.Cit. 132, 537; 132, 552; 132, 557 ; 132, 558.

Death of cotrustee, the trust survives to the others: Sec. 2288, post.

$ 861. Creation of certain powers not prohibited. (Repealed.) En. March 21, 1872. Rep. 1873-4, 222, 223.

Cal.Rep.Cit. 132, 552.

862. And land, etc., to descend to persons entitled. (Repealed.) En. March 21, 1872. Rep. 1873-4, 223.

Cal.Rep.Cit. 132, 552.

$ 863. Trustees of express trusts to have whole estate. 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 performance of the trust. En. March 21, 1872. Cal.Rep.Cit. 70, 331; 79, 68; 85, 506; 87. 456; 107, 596;

108, 648; 111, 636; 111, 638; 124, 537 ; 128, 9; 132, 536; 132, 539; 132, 576; 132, 577, 133, 422,

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