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transferrer then has unless a different intention is expressed or is necessarily implied. En. March 21, 1872.

Cal.Rep.Cit. 92, 524.

$ 1084. Incidents. The transfer of a thing transfers . also all its incidents, unless expressly excepted; but the transfer of an incident to a thing does not transfer the thing itself. En. March 21, 1872. Cal.Rep.Cit. 69, 221; 80, 313; 92, 524; 104, 12; 120, 490;

120, 493; 138, 411. What pass: See post, secs. 1104, 3540.

$ 1085. Grant may inure to benefit of stranger. A present interest, and the benefit of a condition or covenant respecting property, may be taken by any natural person under a grant, although not named a party thereto. En. March 21, 1872.

CHAPTER II.

TRANSFER OF REAL PROPERTY. Article 1. Mode of Transfer, $$ 1091-1095.

II. Effect of Transfer, $$ 1104-1115.

ARTICLE I.

MODE OF TRANSFER. $ 1091. Requisites for transfer of certain estates. § 1092. Form of grant. $ 1093. Grant by married women, how acknowledged. $ 1094. Power of attorney of married woman and how acknowl.

edged. $ 1,095. Attorney in fact, how must execute for principal.

8 1091. Requisites for transfer of certain estates. An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing. En. March 21, 1872. Cal.Rep.Cit. 51, 260 ; 53, 460; 55, 565; 73, 544; 81, 207;

101, 408; 122, 420 ; 130, 457 ; 132, 322; 134, 284. Transfer of realty: Code Civ. Proc., secs. 1971-1973.

Requisites of transfer of real property: See corresponding section in Code of Civil Procedure, sec. 1971. See further, post, sec. 1624, subd. 5.

Conveyances by person whose name changed: See post, Appendix, title Deeds.

$ 1092. Form of grant. A grant of an estate in real property may be made in substance as follows:

"I, A B, grant to C D all that real property situated in (insert name of county) county, state of California, bounded (or described) as follows: (here insert description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as, for instance, The Norris Ranch.')

" Witness my hand this (insert day) day of (insert month), 18—

"A B." En. March 21, 1872. Cal.Rep.Cit. 67, 539; 72, 82; 83, 193; 91, 81; 105, 183;

120, 315; 122, 420. See act of March 11, 1874, as to conveyances by person who has changed his or her name, Appendix, title Deeds.

$ 1093. Grant by married women, how acknowledged. A grant or conveyance of real property made by a married woman may be made, executed, and acknowledged in the same manner and has the same effect as if she were unmarried. En. March 21, 1872. Am'd. 1895, 53. Cal.Rep.Cit. 53, 460; 55, 56; 55, 565; 59, 513; 68, 140;

74, 350; 80, 67; 83, 536; 83, 537; 91, 607; 91, 610; 102, 207; 122, 349, 123, 494 ; 123, 495 ; 123, 497. Conveyance by married women: See post, sec. 1187.

$ 1094. Power of attorney of married woman and how acknowledged. A married woman may make, execute, and revoke powers of attorney for the sale, conveyance, or incumbrance of her real or personal estate, which shall have the same effect as if she were unmarried, and may be acknowledged in the same manner as a grant of real property. En. March 21, 1872. Am'd. 1895, 39.

Cal.Rep.Cit. 55, 565.

$ 1095. Attorney in fact, how must execute for prin. cipal. 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. En. March 21, 1872.

ARTICLE II.

EFFECT OF TRANSFER. $ 1104. What easements pass with property. $ 1105. When fee simple title is presumed to pass.

1106. Subsequently acquired title passes by operation of law.

1107. Grant, how far conclusive on purchasers. $ 1108. Conveyances by, owner for life or for years.

1109. Grant made on condition subsequent.

1110. Grants on condition, when absolute, $ 1111. Grant of rents, reversions, and remainders. $ 1112. Boundary by highway, what passes. $ 1113. Implied covenants. $ 1114. What the term "incumbrances" embraces. $ 1115. Lineal and collateral warranties abolished.

$ 1104. What easements pass with property. 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. En. March 21, 1872. Cal.Rep.Cit. 69, 221; 73, 554; 102, 367 ; 116, 698; 120, 490;

120, 491; 120, 492; 120, 493; 138, 411; 138, 520. Transfer carries easements: See the general subject of easements, ante, sec. 801.

Transfer of a thing carries its incidents: Ante sec. 1084; post, sec. 3540.

$ 1105. When fee simple title is presumed to pass. 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. En. March 21, 1872. Cal.Rep.Cit.

68, 561; 84, 614; 91, 81; 103, 518; 104, 299; 105, 182. 8 1106. Subsequently acquired title passes by operation of law. 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. En. March 21, 1872. Cal.Rep.Cit. 55, 565; 68, 561; 84, 614; 96, 209; 103, 110;

138, 520.

58.

15;

$ 1107. Grant, how far conclusive on purchasers. 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. En. March 21, 1872. Cal.Rep.Cit. 55, 565; 55, 566; 75, 555; 75, 557; 75, 558;

97, 583; 109, 49; 113, 158; 113, 159 ; 120, 490; 122, 513; 126, 604. $ 1108. Conveyances by owner for life or for years. 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. En. March 21, 1872.

$ 1109. Grant made on condition subsequent. 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. En. March 21, 1872.

Cal.Rep.Cit. 56, 248; 58, 73; 86, 592; 97, 657 ; 128, 291.
Conditions: See secs. 707 et seq.

$1110. Grants on condition, when absolute. An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition. En. March 21, 1872. Am'd. 1873-4, 225.

Cal.Rep.Cit. 55, 565.

$ 1111. Grant of rents, reversions, and remainders. 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. En. March 21, 1872.

Cal.Rep.Cit. 79, 443; 82, 626; 97, 294.
Grantee's or devisee's right to rents: See ante, sec. 821.

$ 1112. Boundary by highway, what passes. 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. En. March 21, 1872. Am'd. 1873-4, 225.

Cal.Rep. Cit. 69, 206; 70, 540; 95, 665; 104, 188; 131, 99.
Highway as boundary: See ante, sec. 831.

$ 1113. Implied covenants. 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 heirs to the grantee, his heirs, and assigns, are implied, unless restrained by express terms contained in such conveyance:

1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same estate, or any right, title, or interest therein, to any person other than the grantee;

2. That such estate is at the time of the execution of such conveyance free from incumbrances done, made, or suffered by the grantor, or any person claiming under him.

Such covenants may be sued upon in the same manner as if they had been expressly inserted in the conveyance. En. March 21, 1872. Cal.Rep.Cit. 56, 619; 74, 267; 109, 424; 113, 352; 131, 111;

133, 456; 133, 458. Subd. 1-134, 418. Subd. 2–119, 294; Covenants running with land: See post, secs. 1460-1467. The "usual covenants": See post, sec. 1733.

$ 1114. What the term “incumbrances " embraces. The term “incumbrances” includes taxes, assessments, and all liens upon real property. En. March 21, 1872. Am'd. 1873-4, 225.

Cal.Rep.Cit. 106, 446.

8 1115. Lineal and collateral warranties abolished. 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 upon such covenant or agreement to the extent of the land descended or devised to them, in the cases and in the nanner prescribed by law. En. March 21, 1872.

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